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Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541....... 4. As the suit progressed defendant No.10 filed an application stating inter alia that defendant No.17 Nur Mohammad had died on 11-5-87 and as such the suit has abated as against him and prayed for recording an order of abatement by the Court but the said prayer was rejected on 21-1-89. 5. Bein......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
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.......ttorney-General could not lay his hand on any provision of law in the VAT Act to show that the authority could make such arbitrary decision of making an average amount of income which is not found on record of the concerned enterprise and as such the claim of Taka 1,98,316.00 must be held apparently......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...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....ainant met the accused on 30-7-1996 at about 3-00 PM at Dakhin Parulia Bus stand and there, in presence of witnesses, the accused refused to make the payment. The complainant supplied shrimp fries on good faith on the representation of the accused that he would make payment. The learned Magistrate t......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...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526.......the opinion that both the initial order of detention and the subsequent approval and extension thereof by the respondents are without lawful authority and of no legal effect. 16. On perusal of the records it appears that the detenu was not brought before any Magistrate within 24 hours from the ti......ame was offered to the detenu and having not been accepted, the contents of this Annexure X(1) was read out to her. Thus the contention of the learned Advocate for the petitioner is that there was no service of grounds upon the detenu, so as to enable the detenu to exercise her right of making effec..Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......t, thus, cannot be said that the satisfaction was of the Bureau of Anti-Corruption and not of the Government. In writ petition No.1435 of 1994 it has already been pointed out that there is nothing on record in the Government file and also from the impugned order itself showing the approval or sancti...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ..Category: Criminal Law | Date: | Hits: 69
....y be rectified by removal of the same. Their further case is that, they are prior adopter and user of the mark and because of long use of the mark by the respondent the mark became distinctive of the goods of the respondent and any use of the appellant would create confusion in the minds of the publ......are using it not only in India but in many other countries and they also exported the same to Bangladesh in 1984 and their mark is widely known in this and other countries. But, from the materials on record it appears that the objector only produced paper showing the export of their blades to this c......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...
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... basis of a single isolated transaction but such an opinion was formed on subjective satisfaction on the recommendation of the Standing Committee and materials before it. Whether there was sufficient good reason to form such an opinion cannot be looked into by this Court as that would be substitutin......rs of a banking company being conducted in a manner detrimental to the interest of its depositors or to secure the proper management of the banking company, the Bangladesh Bank may, for reasons to be recorded in writing, by order, remove from office, such Chairman or director or chief executive of t......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
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.......nt Rule. 8. Mr. AKM Shafiuddin, the learned Deputy Attorney-General appearing for the respondent No. 1 and Mr. M Iman Ali, the learned Advocates of the respondent Nos. 2, 3 both submitted that the records maintained with the respondent Nos. 1 and 2 show that in the year 1961 the petitioner joined......irector Administration on attaining retirement age of 57 years and so at the time of issuance of the appointing letter dated 31-12-91 (Annexure-A) the petitioner was a public servant retired from his service and, as such, in terms of section 5(1) of the Public Servants (Retirement) Act of 1974 (Act ..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....liability to be found in a merely constructive or presumed possession or control which the law might for other purposes import into the facts of the case. It is incumbent upon the prosecution to give good evidence that such arms are in exclusive possession and control of the particular member of the...... was recovered from their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution case the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case convicted the accused petitioner and others fo......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. ......ointly preferred the present appeal taking various grounds. 3. Mr. Md. Fazlul Karim, the learned Advocate who appeared on behalf of the appellants, took us through the judgment and the evidence on record and thereafter he has submitted that there is no evidence against the appellants to implicate......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. ..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....bsequently changed to MV Alba, sailed for Chittagong port from Penang with cargoes for Chittagong, Colombo and Maldives ports and the agent of the vessel at the time of sail, supplied the manifest of goods like sugar, coconut oil, damarbatu, textiles, cigarettes and connected vessel papers and advis......peal (Annexure-Q). 7. Mr. Ariff, the learned Advocate appearing for the petitioner, submits that in revisional jurisdiction under section 196B of the Customs Act, the government could call for the records and examine the same only to decide as to whether there was any error but those errors shoul......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
.... 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: ......to Court on 6.8.08 although he was arrested on 4.8.08 at night. 6. The learned advocate for the appellant further submits that the statutory provision have been denied upon the appellant. It is on record that the accused appellant was injured and along with forwarding report the medical certifica...... 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)
....Vs. International Trading Company and another (2003 5 S.C.C 437), the Supreme Court of India observed that policy decisions taken on public interest would not be open to judicial scrutiny if taken in good faith and reasonably. The same court in Tata Cellular Vs. Union of India (AIR 1996 SC 11) held,......ective countries also have different setup for petroleum operation, whereby the operating agencies enjoy virtual autonomy of operation and ownership to resources. In contrast, Bangladesh had no track record of commercial oil deposits and, gas not being a trading commodity until very recently, major ......vision through pipeline in the Petroleum Act 1974 or the Energy Policy 1996, is designed to protect value addition policy as well as to boost employment through consumption by domestic industries and services. If gas dries up through excess production, pipeline exports, Bangladesh would find itself ..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. ...... in law in rejecting his application. 7. I have perused the application made before this court and also the impugned order. I find that the learned Arbitrator held that- ‘there is nothing on record to show that the petitioner received the Taka under protest’ and that ‘the limitation sha......r. I find that the learned Arbitrator held that- ‘there is nothing on record to show that the petitioner received the Taka under protest’ and that ‘the limitation shall run from the date of service of notice and the petitioner is not entitled to get any benefit for wrong filing of the same..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....10-90 lifted 20 metric tonnes or rice vide DO No.0010103 from the Bera Food Godown by putting signature in the Bill Token Register. It was stipulated in the allotment letter that the aforesaid relief goods would have to be distributed amongst the distressed persons of the locality in presence of the......ing for the accused appellant has placed before me the first information report, the evidence of the witnesses examined by the prosecution, the exhibited documents, statement of the accused appellant recorded under section 342 of the Code of Criminal Procedure as well as the impugned judgment. To......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...Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-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. ......He refers to Annexure D-D(1) (Annexure X-X(l) Income Tax return and wealth statement for the year 1993-94 submitted by the petitioner and submits that the Respondents must show by positive papers and record that the petitioner has any other wealth and properties in excess to those as mentioned in th......tisfaction by the Government based on positive materials as regards possession by the petitioner of any property and liabilities disproportionate to her known source of income before the issuance and service of the impugned notice on the petitioner. The impugned order by the notice dated 27-3-94 as ..Category: Criminal Law | Date: | Hits: 78
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....acts entitling to him the benefits under either of the laws. He is required to prove that ‘he, after taking reasonable care to ascertain that the transferor had power to make the transfer, acted in good faith’. I am supported by the authorities in case of Sunder Kuer Vs. Udey Ram, reported in AI......e of Civil Procedure and obtained the Rule as above. 8. Mr. SN Goswami, learned advocate appearing for the petitioners, submitted that Court of appeal below did not consider the entire evidence on record. The finding of the appellate Court that the “Ekrarnama” Exhibit 1 is forged and created ......e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491...Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......ubordinate Judge, Rajshahi against late, Khandaker Mafizuddin predecessor-in-interest of the petitioner as sole defendant. 3. The case of the plaintiff, inter alia, is that Ashutosh Roy was the CS recorded tenant of the suit land along with other land under the Ex-lord Abdul Hakim Chowdhury, Ashu......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453.......3 of 1998. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is an order dated March 3, 1998 recorded by the learned Family Court and Senior Assistant Judge, Comilla Sadar in Family Suit No.86 ......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......sioner of Taxes (Appeal) it does not appear that he had given any opportunity to the applicant to explain his position and the Commissioner of Taxes (Appeal) relying on the materials available on the record found that the appeal was barred by limitation and, as such, dismissed the same. It appears t......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ..Category: Fiscal/Taxation Law | Date: | Hits: 128
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