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Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......d by respondent No. 5, the importer of consignment under rotation No. 737 of 2001 was mentioned as Cargo Movers/Honorway Textile and Apparels (Pvt.) Ltd. Since the owner of one of the consignments in question was mentioned as Honorway which submitted 8 bills of entries on 28- 6-2001 for the purpose ......hould not be directed to refrain from taking any action or passing any order against the petitioner or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioner was appointed as Assi..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ...... of compensation to be paid for the land but the opposite parties did not pay any head to it and being helpless and finding no other alternative the plaintiff-petitioners had to institute the suit in question. After filing of the suit the plaintiff petitioners filed an application for injunction for...... set at naught the impugned order unless it is found that the impugned order suffers from patent illegality. The learned Advocate further submits that the Court below taking a correct view of law and facts rightly rejected the prayer for injunction inasmuch as in the facts and circumstances of the c..Category: Civil Law | Date: | Hits: 99
Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)
....s directed to dispose of the revisional application within 2(two) months from the date of the receipt of this order. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 100.......rned District Judge without passing any order on merit which is highly illegal. 10. The point for determination is whether the learned Additional District Judge committed any error of an important question of law resulting in erroneous decision occasioning failure of justice. 11. Mr. Sarder Ab......mitted material irregularity which has affected the ultimate decision. If we are satisfied on this matter, we have power to interfere with the impugned order dated 5-5-2004. 17. On perusal of the facts and circumstances of this case, we find that the plaintiffs as petitioners being aggrieved by ..Category: Procedural Law | Date: | Hits: 77
Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
.... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ......nnan and his father and uncle were telling that Mannan's wife committed suicide by hanging but he found no sign of such hanging or that he has been gained over by the accused persons. In reply to the question of the defence he admitted that 2 days before the date of occurrence accused Mannan went to...... PWs saw the injury on the neck and head of the deceased there is no reason why PW 1 should not have seen the injury on the neck or on the head of the victim. His evidence suffers from suppression of facts and embellishments. No other PWs excepting PW 3 stated about the presence of condemned-prisone..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......issued by the Ministry of Commerce and Industries taking over the management and operation of the respondent No.1-company was declared to have been made without lawful authority and the properties in question i.e. Helal Jute Press Ltd-respondent No.1 was declared to have been held by the Government-......t the writ respondent-Appellant compromised the matter in writ petition with the stipulation that it will transfer the shares of the respondent company to the respondent No.2. Having considered the facts and circumstances of the case and the argument advanced on behalf of both the parties the High..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ......above Act, 1974 and the Rules 3, 4 and 10 of Rules, 1975 were challenged and the Appellate Division, considering various decisions pronounced by both the Division of the Supreme Court, answered the question in the negative an refused leave holding that the provisions of second proviso to section......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......71 of 1991) which the predecessor-in-interest of the present petitioner (sic) (respondent) was defendant No.1 and the relevant Ministry and the concerned officers were also defendant Nos. 2-4. As the question whether the property is abandoned property or not has already been decided in that civil su......he property. If he has no interest at all it, is not incumbent upon the appellant to impaled him as respondent. Therefore this observation also has no basis at all. 14. On Consideration of the facts and circumstances of the matter, we find substance in the contention of Mr. Khan that the Hi..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....009 passed by the High Court Division in Writ Petition Nos. 2560, 4332, 6106, 6185, 6718 and 6719 of 2008.) Judgment SK Sinha J. - The facts and the law points involved in these petitions being identical, they are disposed of by this common order. Government of Bangladesh sought leave to app......ive college on and from 10.05.1998 when Rules of 2000 was nor framed and not in action. Thus there is no scope to guide and regulate the service of all petitioners as per Rules, 2000." 7. The moot question involves in these matters is whether the seniority and promotion of the writ petitioners wi......508-13 of 2010. (From the judgment and order dated 9.7.2009 passed by the High Court Division in Writ Petition Nos. 2560, 4332, 6106, 6185, 6718 and 6719 of 2008.) Judgment SK Sinha J. - The facts and the law points involved in these petitions being identical, they are disposed of by this c..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.
......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.
......er and entering into any agreement pursuant to the said decision under the earlier tender No. MWSP-IFT-01/2005, NCT No. MWSP-WTP-01/2005 issued on 04-07-2005 by the writ-respondent No. 5.
2. The facts involved in the case, in short, are that the respondent as the writ-petitioner filed the said ..
Category: Others | Date: | Hits: 164
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: ......corroborated the evidence of P.W.1 and stated in similar language that at the time of occurrence, he came down at the instance of a police man, entered into the room of occurrence and saw the arms in question. The police told him that they had recovered the said arms. The defense declined to cross-e...... ভাবে প্রতীয়মান হয়। 12. It is needless to say that a person cannot be punished, unless he is found guilty beyond all reasonable doubt. In our considered view, the facts, circumstances and evidence on records in the present case do not press home the charge framed..Category: Criminal Law | Date: | Hits: 44
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....... 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.......case in failing to notice that the accused being a very influential person, if he is enlarged on bail he would influence the investigating agency. 3. We have given our anxious consideration to the facts and circumstances of the case. The petitioner, was shown arrested in this case on 27th June, 2..Category: Criminal Law | Date: | Hits: 42
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......ng aside the judgment and order dated 25.04.2004 passed by the Member of the Administrative Tribunal No.1 in Case No.89 of 2000 and also dismissing the A.T. Case on the point of limitation. 2. The facts, in short, are that the petitioners are 295 in numbers and are the compositors in one employme..Category: Administrative Law | Date: | Hits: 215
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. ......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. ......etition for leave to appeal is directed against the judgment and order dated 23rd April, 2007 passed by the High Court Division in Writ Petition No. 4495 of 2004 making the Rule absolute. 2. Short facts are that the writ petitioner was proprietor of a firm and engaged in the manufacture of M.S. r..Category: Fiscal/Taxation Law | Date: | Hits: 93
....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.......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.......deration of material evidence on record on the part of the learned Additional District Judge and that being so the Additional District Judge being appellate court and thereby being the final court of facts, its judgment is not liable to be interfered with."
and thus found that the trial Court arr..
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. ...... 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. ......n for Leave to Appeal is directed against the judgment and order dated 20.01.2009 passed by the High Court Division in Writ Petition No. 10143 of 2008 rejecting the writ petition summarily. 2. The facts of the case, in short, are that upon announcement of the election schedule for Upazila Parisha..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. ......ot entitled to any damages and decreed the suit for an amount of Taka 1,64,925.00 already paid. The bank then preferred this appeal on the ground that they are entitled to damages. 9. Now the moot question is whether the bank is entitled to any damages as prayed for. Admittedly the amount taken w......stringency he was not in a position to repay the bank’s dues. 4. Both the parties adduced evidence before the trial Court. The Artha Rin Adalat on consideration of the evidence on record and the facts and materials, particularly the agreement, by his judgment decreed the suit on 7-10-91 in part..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. ......er of Sonali Bank, Jangalia Branch, at the relevant time. He then claimed that the four confessing accused implicated the accused Kazi Shahjahan who allegedly helped them in committing the dacoity in question. He denied the defence suggestion that he obtained the alleged confessional statement on ph...... and voluntary, but those are the products of physical torture and as such the same may not be considered against them. 7. The learned trial Court in consideration of evidence on record as well as facts and circumstances of the case, however, found the accused-appellants and another guilty for th..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....eputy Commissioner of Taxes disallowing the claim of Taka 26,27,408 of the applicant in respect of interest on capital borrowed for its business.” 6. The question raised in all the references is identical and only varies in amount. 7. Mr. MA Noor, the learned Advocate appearing for the asses......nvolved: 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 an...... 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 disposed of ..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. ......the purpose of selling those outside Bangladesh. There is no allegation that those statues were smuggled into Bangladesh from any other country by evading payment of customs duties and taxes. It is a question of interpretation of section 25B as to whether mere possession of antiquities constitutes t......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. ..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....istrar at best could direct the parties under section 10(3) of the Act to go to the Civil Court to determine the issue. Section 10(1) and (3) runs as follows: “10. Prohibition of registration of identical or similar trade mark: (1) Save as provided in sub-section (2), no trade mark shall be reg......ection 8(a) of the Act is not sustainable in law and deserves rejection inasmuch as the appellant had never sold their goods with the trade mark in dispute in the market of Bangladesh and as such the question of deception and confusion by use of the said mark by the respondent No.1 in Bangladesh can......ent and order dated 26-6-84 passed by the learned Registrar of Trade Marks in Opposition Case No.64/82 whereby the objection of the objector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, file..Category: Intellectual Property Law | Date: | Hits: 210
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