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Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....2-11-89 at about 11-00/11-30 PM the appellant again violated her against her will and the victim girl (P.W.2) recognised the accused-persons in the light of kupi which was burning in the room at that time. On 3-11-89 at noon said Anwara alias Anu Begum and their daughter Hena brought Sanwara to the ......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....ty’ in rule 100 as given in the above cases. 25. In the circumstances, the impugned order does not suffer from any error or illegality nor has resulted in failure of justice, we find seven years time too much for disposal of such summary proceedings, which nakedly exposes the sorry state of our......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....law. 9. In the circumstances we are of the view that there is violation of Rule 3 sub-rule 8 of Trade Organisations Ordinance, 1994, i.e. non disposal of the writ petitioner’s application within time and in not giving an opportunity of hearing to the petitioner and therefore there is violation ......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....and questions arising under the Companies Act. Section 95 which reads as follows: “Notice of every meeting of the Board of Directors of a company shall be given in writing to every director for the time being in Bangladesh and at his address in Bangladesh” does not specifically provide jurisdict......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
.... co-villagers took settlement from the Government and paid rents. Thereafter again the lands was diluviated and went under water in 1991. This way the petitioner was affected by diluvion his lands 11 times and lastly, in 1991-1992 when the aforesaid mentioned land was diluviated in the district of F......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....mark No. 46773 in clause-3 from the Register.
2. The facts, in short, are that the petitioner is engaged in the business of manufacturing and marketing of washing soap for a considerable length of time. With a view to distinguishing its products, the petitioner adopted a trade mark consisting of ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
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Category: Intellectual Property Law | Date: | Hits: 167
....black hole of history.
20. Having thus, jettisoned the legal course of constitutional charade the General de-facto ruled the country with authoritarian fists for four incessant years, during which time the Constitution was forced to a state of suspension, people were not allowed to enforce their ......ble.
94. The ratio in the case State-v-Haji Joynal Abedin (32 DLR AD 110) yielded no dissimilar harvest. In that case, again, the question of the validity of martial law itself was not put on the scale. The question, as ignited by the petition was, almost identical to the one the instant petitio..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....plaint too, we could not find the Government impleaded as a party or any relief prayed for against the Government. Of course, in its written objection filed on 13-8-2000 defendant No. 1 for the first time claims that the suit premises belong to the Government. Such claim does not deserve any conside......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....ated 30-9-1998 respectively in Writ Petition No. 291 of 1999 and Writ Petition No. 128 of 1999. 3. On the date of opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of custo......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
...., and has not left any manner of doubt. Section 96 (3) of the Act states- 96. (3) (a) “An application made under sub-section (1) shall be dismissed unless the applicant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the tr...... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285...Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....f respondent No.1 is not applicable. He has pointed out that the present writ petition is a writ of quo warranto and the petitioner challenged the holding of office of the Member of the Parliament by time respondent No. 1 on the ground that he was not qualified to contest the election and, as such, ......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....came refundable. It was only on 14-2-84 when her authorised representative appeared for hearing of her cases of the subsequent assessment years 1977-78 and 1978-79 that she came to know for the first time that the aforesaid sales tax deducted at source in respect of assessment years 1975-76 and 1976......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
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Category: Fiscal/Taxation Law | Date: | Hits: 69
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....2(a) of the Code of Civil Procedure. No error of law has been committed in the impugned decision and no failure of justice has been occasioned. 7. It appears that this application was filed out of time by 436 days. Though a prayer was made for condonation of the delay of 436 days but no Rule was ......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
...., entitled to an opportunity to verify the genuineness of the said SA Khatian proving co-sharership of the pre emptor in the jote. The question of separation of the case jama was never raised at that time and no objection was taken thereon. 12. After the appeal went back on remand for a fresh hea......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....aware of the preemption case. The purchased land is still in the possession of her husband. When workers of the preemptors went to the said land for weeding, her father learnt from them for the first time about the preemption case. Then on 28-9-98 her father by search through clerk Nurul Huq became ......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....Trade Mark Application No. 3 of 2000, as stated in the petition, are that the petitioner has been engaged in the business of manufacturing and marketing of pure gawa ghee for a considerable length of time. To distinguish his product the petitioner adopted a trade mark consisting of the words “Bagh......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
.... 8. Defendant opposite party No.1 resisted the aforesaid application for determination of the price of 1/3rd share of the suit property by filing written objection contending, inter alia, that at the time of purchase of the suit property the value of the land was much more than the value shown in th......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....rs retaining 525 shares in each company i.e. 35% share holding therein, while the Group A share holders holding the balance 65% share holding and both the companies earned profits up to 1992. At that time the plaintiff companies came to learn that their principal the German Company may cancel their ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
....s Sccundum Volume 39 habeas corpus is stated thus:
“The writ of habeas corpus is writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, submit to, and receive w...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....done by us), we are of the view that the order of detention cannot be said to be invalid on the ground as argued by M Islam. 5. Mr. Islam also argued that the materials recovered and seized at the time of his arrest may come within the omitted clause (g) of section 2 of the Special Powers Act, 19......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..Category: Constitutional Law | Date: | Hits: 195
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