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Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......er dated 5-5-2004 passed by the learned Joint District Judge, 2nd Court Chittagong and the learned District Judge, admitting the revision, notified the opposite party and called for the lower Court's record and also directed the opposite parties Nos. 1 to 3 to show cause within 24 hours from the dat......s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100...

Category: Procedural Law | Date: | Hits: 77

Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)

....ka to bring him back and returned after dusk. He further stated that Mannan's wife had mental disorder and made several attempts earlier to commit suidide but her relationship with accused person was good and Mannan is a rich man. 8. PW 5 is Dr. Md. Abdul Hai. He is the medical officer of General......Station. He proved the sketch map with index prepared by the earlier investigating officer Abdul Mannan as Exhibits 6 and 7 and also inquest report prepared by Abdul Mannan. He further stated that he recorded the statement of the witnesses under section 161, Cr.P.C. and submitted Memo of evidence fo...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..

Category: Criminal Law | Date: | Hits: 96

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....aken over, though the company is a Bangladeshi company and that on his return the respondent No.2, holder of 54000 shares out of 85000 shares, made representation to the Government for release of the goods of the company. The taking over was challenged by filing writ petition No.352 of 1974 and the ......esh and others (CPLA No-369 of 2007); The Bangladesh Supreme Court Digest, 2008 Vol. XI pages 64-65. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Md. Wahidullah, Advocate-on-record-For the Appellant. M.G. Farooqui, Senior Advocate with Md. Ruhul Quddus, Advocate, instruc......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..

Category: Property Law | Date: | Hits: 128

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

....ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......am Vs. Secretary Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instruct­ed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md.......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..

Category: Civil Law | Date: | Hits: 105

Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)

.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......uccessor of Abdul Wahed Sarder. Admittedly he is not the son of Abdul Wahed Sarder. In such view of the matter, we find that the High Court Division upon superficial consideration of the materials on record made the rule absolute. Therefore, the reasons basing upon which the High Court Division decl...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)

....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......erusal of those Rules of 1981, 1998 and 2000 it appears that all those Rules provided with some benefits which will come into force with retrospective effect or and from 01.02.1978. On perusal of the record it appears that almost all the petitioners of all the writ petitions were appointed in the re......s dated 24th March, 2005, 7th February, 2004, 29th June, 2005, 17th April, 2007, 6th June, 2005, 22nd August, 2006 and some other Notifications issued by the writ res­pondent No.5 regularizing their services as per Rule 6(5) of the Teachers and Non-Teaching Staff of the Nationalized Colleges (Direc..

Category: Employment/Service Law | Date: | Hits: 91

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....er by his letter dated 29-11-2005. The CPTU a body which will issue detailed procedure to guide procuring entitles in the interpretation and implementation of these regulations for the procurement of goods, works and service by the order of the President as per Regulation 59(2) of the PPR 2003. The ...... he Review Panel's decision No.1 that the Review Panel neither mentioned specifically which provision of PPR, 2003 was violated nor did it mention how transparency was compromised despite the fact on record that the Tender Evaluation Report clearly pointed out all the deviations found in the bid-sub......dated 29-11-2005. The CPTU a body which will issue detailed procedure to guide procuring entitles in the interpretation and implementation of these regulations for the procurement of goods, works and service by the order of the President as per Regulation 59(2) of the PPR 2003. The CPTU also empha­..

Category: Others | Date: | Hits: 164

Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)

.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......d the instant rule on filing an application under section 561-A of the Code of Criminal Procedure. 6. The learned advocate appearing for the petitioner on drawing our attention to the Lower Courts record and the impugned judgment submits that this is absolutely a case of no evidence, since the al...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)

....war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......dge of the Tribunal rightly passed the impugned judgment and order of conviction and sentence, which does not call for any interference. 7. We have gone through the evidence and other materials on records. It appears that P.W. 1 Ohid, an employee of the college and a seizure list witness, stated ......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 44

State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ..

Category: Criminal Law | Date: | Hits: 46

State Vs. Mirza Abbas, 2010, 39 CLC (AD)

.... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114....... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114....... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114...

Category: Criminal Law | Date: | Hits: 42

Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......ppeal No.137 of 2004 which was registered on 16.08.2004 under Section 6(2) of the Administrative Tribunal Act of 1980. According to the appellants the appeal is out of time by 10 days. It was further recorded that court fee was not sufficiently paid. Under Rule 3 of Administrative Tribunal Rules, 19......s and are the compositors in one employment of respondent Nos.5, 6 and 7 under the Ministry of Establishment, Government of Bangladesh, the respondent No. 2. 3. The petitioners are employed in the service of compositors under the Bangladesh Government press and Bangladesh Government Printing Pres..

Category: Administrative Law | Date: | Hits: 215

Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)

....and notice on12.10.2002 under section 55 of the VAT Act, 1991 asking the writ petitioner either to adjust tax rebate of Tk. 29, 70,393.59 obtained on the closing balance of raw materials and finished goods as on 5.6.2002 with the current account register or deposit by treasury "Chalan" within fiftee......titioners Vs. Messers Khalil Steels represented by its proprietor Naziur Rahman and another……….Respondents Judgment August 12, 2008. Lawyers Involved Zainul Abedin Advocate-on-record-For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to A......he High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 109. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105....... one Kademunnessa Khatun was the superior landlord of the suit land and Salim Khan, Alep Khan and Fazil Khan, sons of Baru Khan, were bargadars under the said landlord and the same has been correctly recorded in the C.S. 'Khatian. Afterwards the said bargadars handed over the said lands to the Zamin......rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105...

Category: Property Law | Date: | Hits: 81

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......st stage, the regular Bench of the High Court Division on 20.01.2008, just two days ahead of the election, passed the order canceling the nomination paper of the petitioner. 4. It appears from the record that admittedly the petitioner is the share-holder and guarantor on behalf of Mainamati Texti...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....ontested the suit by filing written statement admitting part claim of the plaintiff. His further case is that he failed to make any profit in the business as his employee misappropriated the cash and goods of shop making the defendant a destitute. But in spite of that he managed to repay Taka 11,000......e to financial stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and materials, particularly the agreement, by his judgment decreed the suit on ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

....is contention he referred to a decision in the case of Abul Khayer and three others Vs. State reported in 46 DLR 212. He further submits that the confessional statements of the accused-appellants are good piece of evidence in holding them guilty for the offence charged and, as such, the appeals may ......h separate index of the place of occurrence, examined the witnesses under section 161 of the Code of Criminal Procedure, arrested some of the accused and produced them before competent Magistrate for recording their confessional statements under section 164 of the Code of Criminal Procedure and ther....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..

Category: Criminal Law | Date: | Hits: 67

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....f the appellant. The use of the world famous trade mark “BALLY” by the applicant respondent most dishonestly and fraudulently will definitely create confusion and deception in the marks, and that goods of inferior quality of the respondent No.1 will pass off as the goods of the higher quality of......istrar but both the parties adduced evidence through affidavit along with Annexures thereto in support of their respective cases. The learned Registrar after hearing the parties and on perusal of the records rejected the objection filed by the appellant on the ground that the appellants trade mark h......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ..

Category: Intellectual Property Law | Date: | Hits: 210

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ......dismissed by the judgment and order dated 28.2.1985. The Appellate Division directed the decree holder to pay solatium of taka 100000.00 to the judgment debtor within 30 days from 28.2.1985. From the record it shows that the balance consideration of taka 2, 97000.00 was paid on 12.3.1984 by treasury......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 110

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. ......of occurrence is not relevant. If it is found that at the time of trial an accused is not a child there would be no illegality in trying him in regular court. In the instant case there was nothing on record to show that at the time of the trial the petitioner was a child as contemplated in the Child......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. ..

Category: Criminal Law | Date: | Hits: 128