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Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
.... petitioner disclosed that he will give 3 cheques for the said money of Taka 16 lac and the interest he will repay later on. It appears that the complainant presented the cheques on 24-9-2001 and also on 26-9-2001 but the cheques bounced. The complainant on 12-10-2001 informed the said matter i.e.......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......section 202 of the Code of Criminal Procedure, the complainant must be examined on oath under section 200 of the Code of Criminal Procedure before taking cognisance and if that has not been done, the trial is illegal and liable to be quashed. The facts of that case are that the complainant made a co......ction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Nirode Baran Barua…………………………………….Accused-Petitioner Vs. Mrinal Kanti Das and others………………………Opposite Parties Judgment March 15, 2006. ..Category: Criminal Law | Date: | Hits: 27
....sued on an application under section 491 of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the detenu Nazma Akhter who is now being detained in "Nirapad Abason" under Shamaz Sheba Adhidaptor, Barisal should not be released from the safe custody.
2. The ......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......n Kendra" under Shamaj Sheba Adhidaptar, Barisal. The police after completion of investigation of the case submitted charge sheet against accused. Uttam Debanath and others and the case was ready for trial and the Tribunal also framed charge against the accused persons. At that stage, another accuse......esent:
Nazmun Ara Sultana J
Md. Abdul Hafiz J
Jatio Mahila Ainjibi Samity………………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and others………………..Opposite-Parties
Judgment
May 23, 2006.
Lawyers involved:
..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ision No. 1104 of 2004. Judgment Md. Abdul Quddus J.- Rule was issued at the instance of convict appellant petitioner Md. Ali under section 439 of the Code of Criminal Procedure calling upon sole State-opposite party represented by Deputy Commissioner, Chittagong as to why the Judgment da......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441........ Convict-appellant petitioner was enlarged on bail for a period of 6 months, which was extended till disposal of the Rule. 4. Rule being ready was fixed for hearing. 5. Prosecution case at the trial, in brief, was that informant PW 3 Habilder Md Kowser and Constable A Sabur of CMP Kotwali PS ......dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-1102 by Metro Assistant Sessions Judge Chittagong in Sessions Case No. 305/99 arising out of GR case No. 1951 /96 and Kotwali PS case No. 4(10)96 under section 19(1)3 ka, Narcotics Control Act 1990 but modifying an..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....9, under Section 3 of the Explosive Substances Act, 1908 arising out of Sylhet Kotwali Police Station Case No. 49 dated 178-1999 under sections 147/148/435/ 436/427/447/ 448 of the Penal Code and also under section 3 of the Explosive Substances Act, 1908 corresponding to GR No. 767/99(A), convicti...... said Jamir Ali on 16-8-1999.at 3-00 PM convened a meeting in a nearby field of her residence where a lot of people of his quarter gathered and before the conclusion of the meeting the said Jamir Ali called on the participants of the meeting to attack the house of the informant, alleging that the in......Substances Act, 1908. The GR Case No. 767 of 99(A) being triable by Special Tribunal constituted under Special Powers Act 1974, the same has been transmitted to the Senior Special Tribunal Sylhet for trial. This Appeal has arisen from GR Case No. 767 of 99(A) under section 3 of the Explosive Substan......This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... to deposit Taka 1 lakh as security for costs, which has been complied with by the petitioner. 3. It is stated in the petition that New Zealand Milk Brands Ltd. ("the petitioner") is the successor- in-interest of Unilac Australia Pty. Ltd. (hereinafter referred to as "Unilac Australia") and B......he purpose of marketing the products under the brand "Red Cow". On 20-61989 Unilac Australia entered into a Joint Venture Agreement with Sanowara Corporation resulting in the formation of a company called Unilac Sanowara (BD) Ltd (the instant opposite party No. 1). The Agency Agreement dated 1st J...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ....... This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....n of the suit land at Mouza Nischantapur, District-Narsingdi. The suit land originally belonged to Bhabani Kishore and Kailash Chandra Chakraborty respectively in CS Khatian No. 140, whose name was also recorded properly in RS Khatian No. 146. But during the SA operation for preparing the SA record ...... the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………......s. The concurrent findings of fact should not be disturbed unless it is manifestly perverse. When the Appellate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any......n (Civil Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Salina Begum ………………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result..Category: Property Law | Date: | Hits: 40
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....at No. 1, Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 convicting the appellant under section 7 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 5,000 in default to suffer rigorous impris......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ...... The case was investigated and charge sheet was submitted against the accused appellant and others under section 7 of Nari-o-Shishu Nirjatan Daman Ain, 2000 on 28-4-2000. On the commencement of the trial charge under sections 7 and 13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 was framed agains......…………..Convict-Appellant Vs. State………………………………………………..Respondent Judgment March 5, 2007. Lawyers involved: Md. Khandker Mahbub Hossain with Md. Abdul Awal, Advocates—For the Convict-Appellant. Nikhilesh D..Category: Criminal Law | Date: | Hits: 33
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... Cases Referred To- Syed Mustafizur Rahman vs. State 53 DLR 125; Abdul Hakim vs. State, , Alfazuddin vs. State 45 DLR 325. Lawyers involved: Rokanuddin with Md. Rafiqul Islam Mia (in person) Advocates—For the Petitioner. Karunamoy Chakma, Deputy Attorney-General— For Respondent ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... of land which was more valuable than that of 3 kathas of land which was actually allotted to him as exchange was not within the same limit and the same value. It is further stated that it is for the trial Court to decide whether there is sufficient ingredients of offence being made out in the charg...... (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed Mustaf..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawfu......e to rely on the decision in the case of Md. Habibur Rahman vs. State reported in 2006 BLD (AD) 59 = 58 DLR (AD) 12 wherein it has been held that: "Any person failing to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. In view of t......ment and, in view of the fact the accused petitioner failed to furnish such statement in spite of being called upon, he cannot be absolved of the consequence that resulted in his conviction after due trial," In the instant case, there is no illegality or infirmity of law in the notice issued by ......l Jurisdiction) Present: Mir Hashmat Ali J SAK Md. Dabirush-Shan J Mahbub-ur-Rahman Chowdhury……………………………………Petitioners Vs. DG, Bureau of Anti-Corruption and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- ..Category: Anti-Corruption Laws | Date: | Hits: 150
Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)
....ssed by the learned Special Tribunal, Sirajgonj in Special Tribunal Case No. 32 of 1993 convicting the appellant under section 6 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 to imprisonment for life and to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for 6 mont......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ...... Station and on treating the same as FIR initiated this case and after investigation submitted charge sheet against the convict and his relations including father and mother. The case being ready for trial was sent to the Special Tribunal Serajgonj who framed charge against the convict under section......rney-General— For the State. Criminal Appeal No. 2348 of 2001. Judgment Md. Arayes Uddin J.- This appeal has been preferred by the convict Md. Rabiul Karim against the Judgment and order dated 10-5-2001 passed by the learned Special Tribunal, Sirajgonj in Special Tribunal Case..Category: Criminal Law | Date: | Hits: 30
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....ul Karim J. – The appeal by leave is directed against the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308 of 1993 making the Rule absolute setting aside the judgment and decree dated 10.05.1993 passed by the Subordinate Judge, First......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......DLR 15 he has submitted that the ext-1 being secondary evidence, in the absence of primary evidence by producing the original deed and without any explanation for non-filing of the original deed, the trial Court acted illegally in admitting ext-1. 10. The plaintiff in the revisional application h...... Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... RI for further 5(five) months in Sessions Case No. 272 of 2003. 2. Prosecution case, in brief, is that in the night following 4-8-2003 at about 2-30 hours victim Sharifa Khatun along with her son Al-Amin went out of the house for searching her eldest son Kamruzzaman Rana who was not found. T......a went to search his mother but could not find her. On the following morning PW 7 with his family members saw the dead body of his mother with injury lying in front of residence of Taher Shaheb. PW 7 called his father who lodged FIR regarding the occurrence of murder and police recovered a Chapati f...... 3. Police after investigation submitted charge sheet against accused Md. Shahjahan Ali under section 302 of the Penal Code and case record was sent to the Court of Sessions Judge, Kishoreganj, for trial. 4. Sessions Judge, Kishoreganj, framed charge against accused Md. Shahjahan Ali in his......…………………….Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....ed Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court o......orted in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid heba-bil-Iwaz also cannot be called valid unless ewaj is paid." 11. The learned Counsel further refers the case of Amirun ......ndant never took her to Naogaon Hospital rather she willfully executed the deed. 5. On the pleadings the different issues were settled including the issue of limitation. 6. In course of trial the plaintiff and defendant examined four and three witnesses respectively, while defendant pr......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....cation Number (TIN) in the name of his company Salahuddin Filling and CNG Servicing Station and obtained permission from Rupantarita Prakritik Gas Company Ltd. for the above purpose. The petitioner also applied to the Uttara Commercial Bank's Mohakhali Branch for opening Letter of Credit for importi......rming him about the order of cancellation, vide letter dated 18-11-1993 (Annexure-C). Soon after, the petitioner filed an application seeking stay of the impugned order on 18-11-1993. Respondent No.2 called for a report from respondent No.6 to ascertain whether 'servicing centre' was feasible on the......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......urisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Syed Salahuddin Ahmed ……………………………..Petitioner Vs. Government of Bangladesh and others........Respondent Judgment February 28, 2007. Cases Referred To- ..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....7-3-2004 passed in Druta Bichar Tribunal Case No. 38 of 2003, which arose out of Motijheel PS Case No. 26(7) 2001, corresponding to GR Case No.237 of 2001. 2. By the said judgment the Tribunal also convicted (2) accused Dr. Roushan Alam under sections 302/120B of the Penal Code and sentenced hi......r Shujan in connection with GR Case No. 4572 of 1999. He said that when the matter was brought to his notice, he found that warrant of arrest was issued by forging his signature and accordingly, he recalled it. He also said that no further inquiry was initiated in the matter of committing forgery. ......asuddin Jalali, Ibrahim Noor Apu and Md. Faruque were absent at that time. Subsequently, accused Abdul Mannan @ VP Mannan, Akhter Hossain, Ziauddin @ Bayes and Forkan entered appearance and stood for trial. Again accused Kajal Ahmed Jalali, Forkan, Akhter Hossain, Ziauddin @ Bayes absconded on getti......……………………..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
.... case that the opposite party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Judge, Barguna for cancellation of Kabala dated 5-1-1991 by reason that the same is illegal, collusive and without consideration. The plaintiffs case is that one U....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......esent, that the attesting witnesses and identifier were the close relatives to the plaintiff and that she filed the suit on ill advice to deprive him of his purchased property. 4. Aggrieved by the trial Court's dismissal of the suit, the plaintiff preferred Title Appeal No. 25 of 2002 that was al......es Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 65; Abani Mohan Saha vs. Assistant Custodian (SDO) Vested Property, Chandpur 39 DLR (AD) 223; Kiron Chandra Das vs. Sirajul Hoque Patwari 34 DLR 225; Saheda Khatun vs. Sh..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
.... the word "Diploma" without any device was registered on 25-8-1991. It is further asserted that Sanowara used its trademark since 1991 whereas Bonlac never used its trademark in Bangladesh. It is also pointed out that the International Business Distribution Officer of Bonlac made a survey of the p......emark 'Diploma' with the device, namely glass of milk with a ribbon around it, is well-founded, particularly in view of the publicity of the petitioner by way of the article in the bulletin/ magazine called 'Bonlink'. For all intents and purposes, the petitioner and the opposite party No. 1 have bee......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ndustries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate with Ziaul Hasan, Advocates—For the Petitioner. Rafique-ul Huq, Senior Advocate with Kamal-ul Alam and Md. Tosadeque Hossain, Advocates—For the Opposite Parties. Trade Mark Application No. 9..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
..... 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the Special Powers Act, 1974 on...... accused to inspect and thereby to get copy of the aforesaid statements, the answer is in the affirmative. But we feel inclined to view the problem from another angle also. In the instant case we are called upon to decide first as to whether the petitioner is a person charged with accusation. If the......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against one Subrata Kumar Saha for counterfeiting currency notes and possessing the same and so a case was started against him under sections 25A(a) & (b) of the..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... Chittagong was justified in maintaining the estimate of GP @ 40%. 4. Mr. AFM Ferojuddin Bhuiyan, the learned Advocate appearing for the applicant, submits that the assessee applicant produced all sorts of books of accounts and the supporting papers to explain the return but the Deputy Commission......2 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5 8,424 incurred during the year. In response to notices under sections 83(I) and 79 of the Income Tax Ordinance, 1984 hereinafter called “the Ordinance”, the assessee submitted the necessary books of accounts before the Deputy...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......e—For Applicant. Dabiruddin Ahmed, Deputy Attorney-General For the Respondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....rothers Bangladesh Ltd. 4. Police commenced investigation and after conclusion of the same, submitted charge sheet against the accused petitioner under sections 406/420 of the Penal Code and also arrested the accused petitioner. The accused petitioner, after preferring a miscellaneous appli......is Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been called upon to show cause as to why the said proceeding should not be quashed. At the time of issuan...... this Court. On the reasoning and discussion, as above, we do not find merit in this Rule. In the result, the Rule is discharged. The accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. Thi......d in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality and propriety of the entire proceeding, as aforesaid, and the Deputy Commissioner, Dhaka, has been c..Category: Criminal Law | Date: | Hits: 81
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