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Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......d in Islamic Jurisprudence. By reference to Sura-5:32 of the Holy Qur'an where it is stated as follows: "......That if anyone slew a person unless it be for murder or for spreading mischief in the land it would be as if he slew the whole people; and if anyone saved a life it would be as if he sav......ikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ...... Division was also rejected by order dated 04.05.2005. 6. It may be mentioned that the High Court Division, while accepting that the accused was a minor at the time of the trial, observed that the question of status of the accused as a child and the jurisdiction of the tribunal was not raised bef..Category: Criminal Law | Date: | Hits: 128
Shahidul Islam Mohan @ Mohan Huzur Vs. State, 2011, 40 CLC (HCD)
....ted him as suspected accused of Kushtia P.S. Case No.34 dated 19.01.2010 subsequently arms was recovered, when a number of peoples were present there but the arms was not recovered from the exclusive possession and control of the appellant and the appellant has got fair chance of acquittal in this c......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......pellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 91
Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....when the trial will be commenced. He further submits that on perusal of the seizure list along with FIR since it does not disclose that the alleged article was recovered from the specific control and possession of the appellant and the appellant has got fair chance of acquittal in this case but the ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......pellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....ay from their place of assembly. The appellants were arrested and brought back to the: place where they were found waiting and as many as 5 kirizes, one chapati and 2 knives were recovered from their possession. 4. Mrs. Umme Kulsum Rekha, learned Advocate for the appellants submits that the appel......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544.......learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544....... Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistant Attorney-General—For the State. Criminal Appeal No.481 of 2000. Judgment MA Aziz J.- This appeal calls in question the propriety of the order dated 7-3-2000 passed in Special Tribunal Case No.2 of 2000 by t..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....se and frivolous allegations for illegally grabbing the suit property. It was also contended that the suit property has become a vested property by operation of law and the plaintiff has no title and possession therein. 4. As the suit progressed defendant No.10 filed an application stating inter ......ide abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit before the Subordinate Judge, Naogaon for declaration of title in the suit land and for a further declaration that the suit property cannot be treated as vested property by th......once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......ivil Revision No.1507 of 1991 (Dhaka) found that this Court already found that the suit had abated against deceased defendant No.17 Nur Mohammad, although this Court never found as in the judgment in question. Rather it appears from the judgment passed in Civil Revision No.1507 of 1991 that their Lo..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......ozammel Hoque J AK Badrul Huq J Habib Bank Ltd.………Appellant Vs. Eastern Bank Limited and another………Respondent Judgment June 14 & 24, 1999. Lawyers Involved: Mainul Hosein with Monjur Kader, Advocates—For the Appellant-Petitioner. Mahbuhey Alam, Additiona......peal. 2. It appears that the appellant instead of depositing the half of the decretal amount in Court submitted Bank Guarantee before the trial Court and the trial Court accepted the same. Now the question arises as to whether Bank Guarantee can be furnished before filing this appeal within the m..Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......cerned inspector and there was no arrear whatsoever, and as such there could not be any notice for any arrear as alleged. The petitioner further asserted that he has not received any objection on the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and request..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ade absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ected to show cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Ka’ Anchal, Satkhira should not be quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now dispos..Category: Criminal Law | Date: | Hits: 46
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....e Government, on receipt of information and after making such enquiries as it may deem, necessary, is satisfied that there is reason to believe that any person or any other person on his behalf is in possession of pecuniary resources or property disproportionate to his known sources of income, it ma......ith certain corporations exercising public function. While defining the word “Government” the judgment relied on to KJ Aiyar’s Judicial Dictionary, 9th Edition, 1984, on Halsbury’s Laws of England Fourth Edition, Volume 8 page 524, the cases of Annie Besant Vs. Emperor ILR 39 Madras, 1085 an...... such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......ng aggrieved by the impugned notices they filed these petitions and obtained the Rules. 3. As the impugned orders have been issued by the same respondent under the same authority involving similar question of law and fact they are being disposed of by a single Judgment. 4. We may start by disc..Category: Criminal Law | Date: | Hits: 69
....6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......must be requested.
(3)…………………………………”
It appears from this provision that this has not overridden any law of the country, this is in addition to the normal law of the land. We have already found that the mark of the objector-respondent was not in well-known use in th......cords expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......e in the newspapers. This registration of the mark conferred upon the registered owner an exclusive and monopoly right over the trade mark “Supermax” for use on blades in Bangladesh. There was no question of visual or phonetic similarity with the mark of the respondent as they had no registratio..
Category: Intellectual Property Law | Date: | Hits: 319
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......e is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226....... defined in section 2(d) of the above Act. 7. Mr. Islam, referring to Annexure-F, F-1 and G which were filed along with supplementary affidavits filed by the petitioner submits that the project in question is still continuing. However, since in spite of the prayer of the petitioner in the Writ pe..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....amine any DW on their behalf. The defence case, as could be gathered from the trend of cross examination, is total denial. Their case, inter alia, is that nothing was recovered from their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution ......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222....... of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222.......not wanted in any other case. Send down a copy of judgment along with the LC record to the trial Court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 222...Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ribunal may consider the question of granting bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ...... was used for immoral purposes by the accused persons and ultimately she was murdered after raping her on the night following 13-10-89 and her dead body was found in the morning on 14-10-89 in marshy land. In this case, charge-sheet was submitted by the investigation officer under sections 302/201 o......bail to the accused persons if such application is made. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) 219. ......যাতন (বিশেষ বিধান) আইন 1995 there is any scope of trial of the offences under that Ordinance if the case is now sent back for trial. We have found the answer of this question in section 29 itself of the above Act of 1995. The same is reproduced below: “Ordinanc..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....utor, Federation of Malaya reported in 1950 AC 458 (479), the issue regarding effect of order of acquittal came for consideration. In the said case the appellant was tried for the offence of being in possession of ammunition in violation of Reg. 4(1) (b) of the Emergency (Criminal Trials) Regulation......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......tified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......f smuggled goods was found in the fishing trawler Shah Amanat which was arrested at the time of alleged smuggling. 17. In the case of Niaz Ahmed Vs. State reported in PLD 1978 Karachi page 774 the question as to whether mere import of goods in violation of a notification, amounts to smuggling und..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....l court even though rejected the prayer for bail on holding that there is a specific allegation against the appellants and recovery of fire arms and ammunition were made from the specific control and possession of the appellants and this findings is illegal and the other accused have been appellants...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
.... at about 21.00 hours and from there arrested 2 accused namely Md. Palash Khan and Md. Anik Chowdhury and in presence of the witnesses recovered a 7.65 m.m pistol with loaded 2 round bullets from the possession of the accused Md. Palash Khan searching his body and also recovered a 9 m.m. pistol with...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 49
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ...... current phases, all of the 23 blocks, spread over the whole country, were exposed to the foreign companies for exploration. During 86 years, beginning in 1910, 20 gas fields, 18 being in the mainland and 2 off-shore, have been discovered, where gas reserve, as estimated, stand at 23.093 Trillio......arlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ...... compulsive over production, when such production would not be warranted, only in order to pay the contractors cost. Bangladesh’s competence to supervise activities of the overseas companies remain questionable, as it failed to do so to prevent Magur Chara catastrophe. Bangladesh PSCs also contain..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......f Immovable Property Ordinance, 1982 (Ordinance No. II of 1982), briefly, the Ordinance. 2. The petitioner’s case, in short, is that the Deputy Commissioner at Dinajpur acquired 0.52 acre of his land of Mouza Uttar Gobindapur, District Dinajpur and made an award of Taka 40,200 as compensation. ......u alias Majhi……………………Petitioner Vs. Bangladesh……………………….Opposite Party Judgment December 9, 1999. Case Referred To- Begum Lutfunnessa Vs. Nizamuddin Ahmed and others, 40 DLR 232. Lawyers Involved: ABM Mahbub, Advocate, on behalf of Md. Marf......nst the award of the Arbitrator. 13. When the application under section 28 of the Ordinance before the Arbitrator and that under section 115 of the Code before this court are not maintainable, the question of entitlement under section 14 of the Limitation Act for exclusion of the time in proceedi..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......aining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......at the aforesaid relief goods would have to be distributed amongst the distressed persons of the locality in presence of the Union Relief Officer and Master Rolls showing distribution of the goods in question which shall have to be submitted to the Upazila Parishad within one day of such distributio..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....ly the above writ petition was withdrawn. 4. No inquiry required under section 4(1) of the Act was ever held to have objective satisfaction by the Government based on positive materials as regards possession by the petitioner of any property and liabilities disproportionate to her known source of......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ...... is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......ecision dated 23-3-99 of the High Division in the analogous hearing of Writ Petition No.5190 of 1996 with Writ Petition Nos. 5382 of 1996, 5384 of 1996, 736 of 1993 and 2538 of 1991 involving similar question of law and facts on the point of ‘satisfaction’ of the ‘Government’ as contemplated..Category: Criminal Law | Date: | Hits: 78
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