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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 This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......f 1981 have been repealed and new Rules of 2000 have been promulgated, the writ petitioners services have been rightly regularized as per the existing Rules of 2000. It is further contended that in view of provisions of Rules 6(5) of the Rules of 2000, the services of the writ petitioners have bee..Category: Employment/Service Law | Date: | Hits: 91
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......t seemed unlikely that bid-proposals complying 100% with the tender document and TAM minutes would be submitted. There was no change in the basic design of the plant. The change therefore cannot be viewed as substantive or major and found it superfluous to seek expert opinion as mentioned which ..
Category: Others | Date: | Hits: 164
Yusuf Mia Vs. State, 2011, 40 CLC (HCD)
....ncel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......legally and the FIR named co-accused Md. Shahidur Rahman @ Shahid Commissioner has been granted bail by this Hon’ble High Court Division and the petitioner stands on the better footing, in all this view he prays for bail of the petitioner. 6. The learned Assistant Attorney General appearing for..Category: Criminal Law | Date: | Hits: 50
Md. Abdul Gafur and others Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... namely P.W.1 Md. Nizam uddin has been examined in part and thereafter the trial court issued non bailable warrant of arrest upon the witnesses and the case is fixed on 3.5.11 for further hearing, in view of the fact we find substance in the submission that the trial is delayed for no fault of petit..Category: Criminal Law | Date: | Hits: 49
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: ......llant filed the instant appeal against the said judgment and order dated 9.8.2004 and subsequently obtained bail on 18.11.2009 from this Court. 6. No one appears before us to press this appeal. In view of long pendency of the appeal, we take it up for disposal. The learned Assistant Attorney Gene..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. ......mitted that the High Court Division failed to appreciate that there are specific allegations against the respondent of shooting on the person of the victim which caused his death in the F.I.R. and in view of specific allegations, the High Court Division erred in law in enlarging him on bail. It is f..Category: Criminal Law | Date: | Hits: 46
Government of Bangladesh Vs. Messers Khalil Steels, 2008, 37 CLC (AD)
....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. ...... was unauthorized and a notice under section 55 of the VAT Act could only be issued for realization of arrears of VAT and other duties or tax and not otherwise. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Fiscal/Taxation Law | Date: | Hits: 93
....itle of the plaintiffs in support of his contention, but the learned Subordinate Judge in his judgment mentioned that the plaintiffs exhibited only 2 rent receipt and thereby proceeded towards by the erroneous decision in support of his contention. Mr. Dhali relies on the decision of our Appellate D...... with other land, inasmuch as the same being a registered deed of sale executed and registered about 90 years old and negative presumption of the same could only be formed through evidence keeping in view of the development and circumstances consequent to the execution and registration thereof till ..
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. ......ilable material, go beyond the finding of the Returning Officer or the appellate forum in the instant proceedings unless it is shown that the same suffer from corum-non-judice or malice in law. In view of the above, we find no substance in the submissions of the learned Advocate for the petitione..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....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. ......sion of our Appellate Division, reported in 28 DLR (AD) 76 we hold that when there are materials before the Court for ascertaining damages the trial Court illegally refused to award damages. The same view was also taken, in the earlier decision of the Sind High Court. It cannot be said that there is..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... 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. ......be it circumstance or proved otherwise. In this particular case it is difficult to deny accused-appellants an opportunity to cross-examine the Magistrate who allegedly recorded their statements. This view has been supported by a decision in the case of Ustar Ali Vs. the State reported in 18 BLD (AD)..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....ourse paid interest thereon and, thus, this amount of interest paid by them is a deductible expense within the meaning of section 29(i)(iii) of the Ordinance. The learned Appellate Tribunal taking an erroneous view of law and facts most illegally set aside the order of the Senior Appellate Joint Com......late Tribunal failed to notice that interest on capital borrowed for the purpose of business is allowable deduction in computing income from business under the provisions of the Ordinance and in this view of the matter maintaining the disallowance of the same by the Deputy Commissioner of Taxes afte..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......e Special Powers Act. He argues that section 25B is very wide and it embraces goods of any class, character and quality and as such smuggling of antiquities or attempt to do so, do come within the purview of section 25B and 25D of the Act and is triable exclusively by the Special Tribunal and that i..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....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. ......ion and use of such mark is clearly dishonest, malafide and fraudulent and that the respondent No.1 cannot take recourse to the plea of ignorance about the world famous Trade Mark of the appellant in view of the fact that the trade mark “BALLY” was also registered in the then Pakistan in respect..Category: Intellectual Property Law | Date: | Hits: 210
....tainable as being barred by res judicata in as much as the material issues of other Suit No. 41 of 1974 were directly and substantially in issues of the instant suit but the learned subordinate judge erroneously framed other issue just to taka away the sight of others form the issues framed in the e......ceeding of the execution case was stayed by order dated 18.7.1995 by the sub-ordinate judge, Chittagong in other suit No.100 of 1995. From the facts and circumstances as discussed above we are of the view that the plaintiff respondent has been ceased to retain any right title and interest in the sui..
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. ......dhan) Ain, 1995 (the Ain, 1995) was confirmed by High Court Division by judgment and order dated 25.02.2004. The same was upheld by the Appellate Division by judgment dated 23.02.2005. A subsequent review petition before the Appellate Division was also rejected by order dated 04.05.2005. 6. It ma..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....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.......erous a weapon than sword, daggers, arrows and bows are. We thus hold that though Kiriz is not included in section 4, it is “arms” under section 4 and so is chapati, Chinese axe and Ram Dao. This view of ours gets support from the case of Dira Dockyard and Engineers Ltd. and others Vs. Banglades..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....fendant Nur Mohammad and he bona fide filed the application for substituting the heirs and heiresses of deceased defendant Nur Mohammad on setting aside abatement. The learned Subordinate Judge on an erroneous view of law and fact rejected the petitioner’s application for setting aside abatement. ......gligence on the part of the plaintiff parties to diligently pursue his case and to file the application for setting aside abatement, the learned Subordinate Judge erred in law in not taking a lenient view on the matter and the same has occasioned failure of justice. 10. Mr. Shahidul Islam, the le..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.......ing this appeal within the meaning of Section 7(2) (A) of Artha Rin Adalat Act. It requires interpretation of the aforesaid provision of law which has got, in our opinion, far-reaching consequence in view of the fact that in the Artha Rin Adalat how the deposit of money can be furnished either by an..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.......or to any such re-opening a show cause notice for any such demand dated 5-7-1993. The authority was obliged to issue a show cause notice and enquiry. The learned Counsel has further submitted that in view of the Annexure-C (series) the payment of regular VAT on monthly basis duly inspected and authe..Category: Fiscal/Taxation Law | Date: | Hits: 139
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