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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. ......here 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 further contended that the respondent is the F.I.R. named accuse..Category: Criminal Law | Date: | Hits: 46
State Vs. Mirza Abbas, 2010, 39 CLC (AD)
.... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114.......ice forwarding the court and the impugned order. Learned Attorney General argued that since specific allegation of overt act attributed against the accused respondent the High Court Division erred in law in enlarging him on ad-interim bail pending investigation of the case in failing to notice that ..Category: Criminal Law | Date: | Hits: 42
....rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105.......that it has been observed that:-
"Mr. Md. Shafiqul Islam Dhali the learned advocate appearing for the opposite party in reply submits that the learned Subordinate Judge, firstly committed error of law in misreading the exhibit 3, registered deed of sale dated 1.8.1989 executed by C.S. recorded Za..
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. ......t of the company, then asset of the Directors can be attached for the rest decretal amount. The learned Advocate further submitted that the High Court Division failed to consider the provision of new law under the Local Government (Upazila Parishad) Ordinance, 2008. In the present case, the petition..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. ......flow from the breach. It has also been held that the measure of damages is to be ascertained between the difference of the contract rate and the market rate on the fact of breach. This is the rule of law but its proof rests on the facts and circumstances of each case. It there is no marker on the du..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. ......ally submits that the basis of conviction of the accused-appellants is the alleged confessional statements made by them (not by accused-appellant Kazi Shahjahan) had not been brought on record as per law inasmuch as the recording Magistrate was not examined and as such the accused-appellants could n..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. ......MA Noor, Advocate—For the Applicant. Md. Aftabuddin—For the Respondent. Income Tax Reference Application Nos. 37, 38 and 39 of 1994. Judgment Syed Amirul Islam J.- Common question of law and facts are involved in those references and, as such, they were heard together and being disp..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. ......d; it was initiated by his enemies to tarnish his reputation; not was recovered from his house; he is not involved in smuggling of any goods let alone antiquities as alleged. He is a peace-loving and law-abiding citizen with a large family to support. Because of his captivity, the members of his fam..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. ......trade mark in English and Bengali in respect of same goods and by adopting and using such trade mark, the respondent No.1 has definitely committed an act of piracy which cannot be protected under the law. Her adoption and use of such mark is clearly dishonest, malafide and fraudulent and that the re..Category: Intellectual Property Law | Date: | Hits: 210
....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:
......cutable.
vi) What amount is payable by the decree holder towards income tax for getting the kobala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
12. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
..
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. ......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 without lawful authority or in an unlawful manner. 2. Pending disposal of the Rule, the execution of the ..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....... or matters. Therefore, the terms “loan” may be extended to such transaction as had arisen under the tripartite agreement. The learned Advocate submits that the appellants are peace-loving and law-abiding citizens. They have never indulged in any criminal or anti-social activities. In the eve..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.......iff has filed the present suit with false and frivolous allegations for illegally grabbing the suit property. It was also contended that the suit property has become a vested property by operation of law and the plaintiff has no title and possession therein. 4. As the suit progressed defendant No..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.......arises as to whether Bank Guarantee can be furnished before filing 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 Ri..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.......-96 made by the respondent No.6 asking the petitioner to deposit Taka 1,98,3 16.00 in addition to the actual amount of VAT already paid should not be declared to have been issued and made without any lawful authority and of no legal effect. 2. The petitioner stated, inter alia, that he is a busin..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.......w cause as to why the proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 pending in the Nalishi Adalat ‘Ka’ Anchal, Satkhira should not be 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 thi..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.......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 lawful authority or in an unlawful manner and why she should not be directed to be released forthwit..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. ......s under Article 102 of the Constitution of Bangladesh Rules Nisi were issued calling upon the respondents to show cause as to why the respective impugned orders should not be declared illegal without lawful authority and to be of no legal effect and why the should not be directed to cancel, rescind ..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.......apparent that Super Max blades of the respondent was not in wide use or in circulation in this country and consequently we hold that the respondent is not a person aggrieved as contemplated under the law. Admittedly, the importer also is not coming with any action against the registration of the mar..
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. ......o why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent No.3 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner in this writ petition has impugned ..Category: Employment/Service Law | Date: | Hits: 79
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