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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. ......esponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous imprison....... 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. ...... Cases Referred to- Abul Khayer and three others Vs. State, 46 DLR 212; Babul alias Abdul Majid Khan and others Vs. State, 42 DLR (AD) 186; Ustar Ali Vs. State, 18 BLD (AD) 43 = 3 BLC (AD) 53. Lawyers Involved: Md. Khurshid Alam Khan with Ahmed Ali and Md. Salahuddin Talukder, Advocates—..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......ssessee submitted their return showing total income at Taka 71,90,576 which was assessed by the Deputy Commissioner of Taxes at Taka 93,00,504 and disallowed interest of Taka 4,47,430 paid on capital for loan borrowed. 4. Similarly, Reference No.38 relates to assessment year 1989-90. In that year......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......s. Titas Gas Transmission & Distribution Co. Ltd. Dhaka, 46 DLR 332; 142 ITR 528; 44 ITR 847; Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, 47 ITR 469 and 51 ITR 835. Lawyers Involved: MA Noor, Advocate—For the Applicant. Md. Aftabuddin—For the Respondent...

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. ......ocess the appellant took out two touchstone statues of god ‘Ram’ and goddess ‘Seeta’ weighing about 15 Kg and 1 Kg. respectively worth about Taka 4 lac. No sooner had the statues been offered for sale, the police party waiting outside stormed into the house and arrested the appellant under s......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. ...... June 8, 2000. Cases Referred To- Md. Mokhlesur Rahman and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, ..

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. ......ector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY” shoes having her office at 230/4 New Elephant Road......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. ...... 1962 Karachi 355; Montres Rolex SA, Geneva Switzerland Vs. Assistant Registrar of Trade Marks and another PLD 1987 Karachi 199; PLD 1979 Karachi 83; Impex Electrical Ltd. Vs. Weinbaum 44 RPC 405. Lawyers Involved: Md. Ohidullah, Advocate—For Appellant. Gazi Md. Neamat Hossain, Advocate..

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: ......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......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: ......ellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited……………Plaintiff-Respondent Judgment March 20, 2011. Cases Referred To- 19 DLR (SC) 143; 28 DLR (HD) 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk-For the Appellants. Not represented- the Re..

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. ......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......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. ......Reyes Vs. The Queen Bachan Singh Vs. State of Punjab, [1980] 2 SSC 475; State Vs. Makwanyane 1995(3) SA 391; Francis Kafantayeni and others Vs. Attorney General; Matadeen Vs. Pointu [1999] 1AC 98. Lawyers Involved: M. I. Farooqui, Senior advocate with Md. Ruhul Quddus, Advocate, Md. Abdul Mann..

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.......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ......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....... Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistan..

Category: Criminal Law | Date: | Hits: 38

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.......against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid......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.......kainath Mohanta………….Appellant Vs. Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnessa Vs. Rup Gazi, 39 DLR 6. Lawyers Involved: SN Goswami, Advocate—For the Appellant. Shahidul Islam, Advocate—For the..

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.......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......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.......n) Present: Md. Mozammel Hoque J AK Badrul Huq J Habib Bank Ltd.………Appellant Vs. Eastern Bank Limited and another………Respondent Judgment June 14 & 24, 1999. Lawyers Involved: Mainul Hosein with Monjur Kader, Advocates—For the Appellant-Petitioner. M..

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....... the business under the name and style “Foto Fast Color Lab” in the year 1992 after obtaining necessary Certificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry togeth......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....... Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. Obaidur Rahman Mostafa, Deput..

Category: Fiscal/Taxation Law | Date: | Hits: 139

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.......e quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The petitioner in Criminal Mi......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.......ias Bablu Vs. Shantosh Kumar Sadhu, 46 DLR (AD) 180; Mohadeo Proshad Vs. State of West Bengal, 1954 Cr LJ (SC) page 1806; Syed Ali Mir v Syed Omar Ali as 1990 BLD (AD) 168 (also in 42 DLR AD) 240. Lawyers Involved: Not represented—the Petitioner. SS Halder with Probir Halder, Advocates ..

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 Respondents. Writ Petition No.1389 of 1999. Judgment Md. Abdul Matin J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawf......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.......akistan Vs. Mrs. Rowshan Bijaya Shaukat Ali Khan, 18 DLR (SC) 214; Faisal Mahbub Vs. Bangladesh, 44 DLR 168; Saydur Rahman Khalifa Vs. Secretary, Ministry of Home Affairs and others, 1986 BLD 272. Lawyers Involved: Mahbubur Rahman with Ms. Farah Mahbub Advocates—For the Petitioner. KM Sai..

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. ......tition No.5384 of 1996 with Writ Petition No.736 of 1993 with Writ Petition No.2538 of 1991. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were is...... 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. ......angladesh Vs. MH Rahman, 31 DLR (AD) 152; Pearlberg Vs. Varty, 2 All ER (1972) 6; Abdul Hafiz (Md.) and others Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh, 51 DLR 72. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin and Md. Humayun Kabir Bulbul and Ireen Mahbub..

Category: Criminal Law | Date: | Hits: 69

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....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........ 28335 in Class-8 was removed from the register. 2. The short fact leading to this appeal is that the appellant Samah Razor Blades Industries Ltd. filed application No. 28335 in class 8 on 2-3-89 for registration of the words ‘Supermax’ razor blade. The application was registered in their fa......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....... RPC 131; 21 RPC 617; Bengal Friends & Co. Dacca vs. Gour Benode Saha & Com Calcutta and another, 21 DLR 357; SM Taufiq and others vs. National Biscuit C, New York, PLD 1962 (Karachi) 355. Lawyers Involved: Syed Ishtiaq Ahmed with SK Siddique and Al Amin Sarker Advocates — For the Ap..

Category: Intellectual Property Law | Date: | Hits: 319

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. ......days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the petitioner has filed an appeal under section 48 of the Bank Company Act before the Board of Directors of Bangladesh Bank against the directive not to function as the Managing......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. ......nt: Mainur Reza Chowdhury J M A Aziz J Abdur Rahim Chowdhury…………Petitioner Vs. Bangladesh Bank, Dhaka and others………………Respondents Judgment July 10, 1997. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. M Zahir, Rokanuddin Mahmud and Faisal Mahmud Faizee..

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.......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur......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.......anaging Director and Chairman National Bank of Pakistan vs. Ataul Huq, 17 DLR (SC) 74; 13 DLR (HC) 805, 29 DLR (SC) 232; 32 DLR (AD) 83; Mofizul Huq vs. Mofizur Rahman and others, 48 DLR (AD) 121. Lawyers Involved: Amirul Islam with Md. Idrisur Rahman, Advocates — For the Petitioner. AKM ..

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.......No. 37 dated 27-4-1996 should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The accused petitioner and others were placed on trial before the Court of Special Tribunal No, 7, Khulna in Special Tribunal Case No.227 of 1996 and after c......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.......Respondent Judgment August 13, 1998. Cases Referred to- Mofazzal Hossain Mollah and others vs. State 45 DLR (AD) 175 & Md. Sher Ali and others vs. State and another 46 DLR (AD) 67. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. Mohammad Mushfiqur Rahman..

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. ......J. - This appeal at the instance of two convicts who were convicted by the learned Sessions Judge, Feni in Sessions Case No.7/92 under sections 302/201 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Taka 5,000.00 in default to suffer RI for 6 months more. 2. Prosecu......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. ......Ameen J Ekramul Huq @ Bachchu and another…………………Appellants Vs. State………….Respondent Judgment March 9, 1999. Cases Referred to- Dharmasena vs. King Criminal Law Journal, 1950 Vol.50 page 1997, Abdul Ghani vs. Emperor Indian Law Reports Vol.29 page 412 and G..

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. ......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L......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. ......ne 10, 1998. Cases Referred to- Niaz Ahmed vs. State PLD 1978 Karachi 774; PLD 1981 Quetta, PLD 1979 (Karachi) 68; Sambasivan vs. Public Prosecutor, Federation of Malaysia, 1950 AC 458(479). Lawyers Involved: AF Hasan Ariff with Khondker Gulzar Hossain, Advocates — For the Petitioner. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

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. ......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......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. ......948 1K B 223); Education Secretary Vs. Tameside Council (1977 Ac 1014); Lazarus Estates Ltd. Vs. Beaseley 1956 1QB 702; Jaichand Vs. West Bengal (AIR 1967 SC 483); Shearer Vs. Shield 1914 AC 808). Lawyers Involved: Abdur Razzaque, with Imran Siddique, Ehsan Siddique, and M. Belayet Hossain, Ad..

Category: Constitutional Law | Date: | Hits: 231