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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....... an offence of cheating unless there is initial deception, the question whether there was any initial deception can be gathered only from the surrounding facts and circumstances and in support of his views, he referred to the case of Akamuddin Vs. State reported in 27 DLR (AD) 175. He has also refer..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.......nu was arrested admittedly under section 54 of the Code of Criminal Procedure it was incumbent upon the police to produce her before a Magistrate within 24 hours but having not done so, we are of the view that the right guaranteed to the detenu under sub-article (2) of Article 33 of our Constitution..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. ......owever in a Criminal Petition for leave to Appeal No.153 of 1995 in the case of Sontosh Bhusan Das & Anr Vs. State and ors reported in 4 BLT (AD) (1996) 58 the Appellate Division took a different view. In considering the question whether an officer of the Bureau of Anti-Corruption is competent t..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.......at he is a person aggrieved must show that in some possible way he may be damaged or injured if the trade mark is allowed to stand. It may be possible by practical sense and not merely in a fantastic view. In the case of Ellis & Co’s TM reported in 21 RPC 617 it has been held that ‘every per..
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
.... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ......ngs of the execution case. The learned Advocate contends that the manner in which the stay was obtained cannot be supported and we find force in his argument. But the fact remains that the consistent view of both the Divisions of the Supreme Court is that this Court cannot interfere under section 11..Category: Civil Law | Date: | Hits: 108
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....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. ......eld the decision of the Governor of Bangladesh Bank suspending the petitioner under section 46(2) of the Bank Company Act, 1991. A copy of the decision Annexure-I has been filed before this Court. In view of the said decision by the Board of Directors of Bangladesh Bank the petitioner has filed an a..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.......Public servant” as defined within section 2(d) of the Public Servants (Retirement) Act, 1974 because he is not an employee of any corporation, national enterprise or local authority and further in view of the principle as laid down in the case of Deputy Managing Director and Chairman National Ban..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....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.......rial or the facts alleged against the accused do not constitute any criminal offence or the conviction has been based on no legal evidence or otherwise to secure the ends of justice. That is also the view of our Appellate Division vide 45 DLR (AD) 175. 10. Before entering into merit of this case ..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. ......nce. The offence is not an offence of murder but as the allegation is that the victim was murdered after committing rape, the offence comes within the mischief of section 7 of the above Ordinance. In view of the provisions of section 10 of the above Ordinance, offences punishable under the Ordinance..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....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. ......and the Annexures annexed therein. From the contents of order dated 5-7-87 passed by the Collector of Customs, (Annexure-J to the petition), it appears that though the Collector of Customs was of the view that the captain of the vessel or its crew were not supposed to know as to whether the goods lo..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
.... 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: ...... 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 granted bail in another case, in view of the fact we have examined the FIR and seizure list annexed to the application, it appears th..Category: Criminal Law | Date: | Hits: 60
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. ......dent No. 1. Writ Petition No. 3507 of 1998. Judgment AHM Shamsuddin Choudhury J. - It was over a decade ago, some four people of national notoriety, filed the instant Writ Petition with a view to secure an order to prevail over the government to have an energy policy drafted through the ..Category: Constitutional Law | Date: | Hits: 231
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.......jshahi Division in Special case No.23 of 1994 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code and read with section 5(2) of Act II of 1947 are maintained. In view of the fact that the accused appellant is an old man, I am inclined to take a lenient view in t..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. ......be made absolute. 11. Learned Deputy Attorney-General Shahabuddin Ahmad appearing for the Respondent No.2 refers to the provisions of section 9 of the Anti-Corruption Act, 1957 and submits that in view of said section 9 power or duty under section 4(1) of the Act upon the Government have been del..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......uthorised person under section 196 Cr.P.C. So it does not come to rescue the publisher petitioners. But so far the second argument is concerned, it is very relevant and important in this case, in our view. 6. We have gone through the publication very carefully and meticulously as to its entity an..Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
.... by misreading or non-reading of the evidence on record and on total ignorance of the relevant principles of law as stated above. Such findings, however on facts cannot be sustained in law. Upon such erroneous findings, the appellate Court allowed the appeal and dismissed the suit. Such decision of ......ra Begum Vs. Md. Aminul Islam, reported in 50 DLR (AD) 52. He also referred to the case of Tazal Hoque Vs. Md. Affan, reported in 17 DLR 613 on bona fide purchaser for value without notice. 11. In view of such submissions, I feel, it is my duty to examine closely the entire evidence, both oral an..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.......ns in controversy between the parties and that instead of filing an application for substitution under Order 22 rule 9 Civil Procedure Code an application for amendment has been filed out of mistaken view of law. Mr. Khandaker continues to submit that in view of the fact that abatement of the suit p..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal 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) 456.......such decision on the prayer of the applicant as it deems fit. Thus, the Court of settlement was obliged to decide the case on merit and accordingly ought to have given its decision on merit. 3. In view of the provision of law and the decision quoted above we hold the impugned order to be coram no..Category: Procedural Law | Date: | Hits: 92
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.......husband as defendant in the suit. The defendant resisted the suit by presenting a written statement traversing all the material allegations made in the plaint. Stand taken by the defendant is that in view of an amicable settlement divorce took place between the plaintiff and defendant. (b) The le..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. ......is 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 that in view of sub-section (3) of section 154 of the Ordinance the Appellate forum was under a legal obliga..Category: Fiscal/Taxation Law | Date: | Hits: 128
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