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Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....property. 10. According to Mr. Bhuiyan, the transfer of the disputed land in favour of the appellant Jahangir Alam is barred by section 6 of Ordinance No. LIV of 1985. If the transfer is barred by provisions of ordinance No.LIV of 1985, then the suit is also barred by the same provision. It has b......vision in Writ Petition No.408 of 2002 making the rule absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertainin..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....y Education by different Notifications appointed all the writ petitioners on ad-hoc basis, which was according to them, without lawful authority, inasmuch as, the said appointments were made as per provisions the Rules of 2000, whereas, the colleges of the writ petitioners were nationalized when....... (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 common order. G..Category: Employment/Service Law | Date: | Hits: 91
.... Chairman, TEC to DCL was issued with the sole intention to upgrade the offer of DCL-SBA to make it responsive, in spite of difference of opinion among the TEC members, the Chairman TEC, ignoring the provisions of Public Procurement Regulations (PPR), 2003 incorporated major modifications to make th......idered as minor if the principle they applied in case of DCL-SBA Associates also stood good for EPI-BFEW Consortium. The learned Advocate further submitted that from decision No.2 that it is totally flawed, self-contradictory and motivated because on the one hand, the review panel asked the procurin..
Category: Others | Date: | Hits: 164
Md. Shafi Kha Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......witnesses did not support the case as alleged by the informant, even then the trial court convicted the petitioner on mere surmises and conjecture and the impugned judgment is thus not sustainable in law, which is liable to be quashed. 7. The learned Assistant Attorney General appearing for the r..Category: Criminal Law | Date: | Hits: 57
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....the appellant as required by section 342 of the Code of Criminal Procedure. Such omission on the part of the trial Court is fatal inasmuch as by now it is well settled that proper compliance with the provision of section 342 is mandatory and failing on the part of the Judge to bring the incriminatin......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: ..Category: Criminal Law | Date: | Hits: 44
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
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....appeal is out of time by 10 days. It was further recorded that court fee was not sufficiently paid. Under Rule 3 of Administrative Tribunal Rules, 1982 provides for manner of making application which provision mutatis mutandis apply to an appeal also under Rule 11. A fee of Tk.100.00 is to be paid o...... and issued notices upon the respondents (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated 27.09.2004 must be without any lawful authority and therefore is of no legal effect. 13. Heard the learned Advocate-on-Record an..Category: Administrative Law | Date: | Hits: 215
....from on payment of rates and taxes to the Sheresta of the Zaminder and, after withdrawal of the Zamindery System, said Shamsuddin Bhuiyan became a tenant directly under the government pursuant to the provisions of the State Acquisition and Tenancy Act and as such was owning and possessing the suit l......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)
....ent from the asset 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 c......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)
....he learned Advocate for the appellants referred to a decision in the case of Babul alias Abdul Majid Khan and others Vs. State reported in 42 DLR (AD) 186, wherein it has been held that even there is provision for making certain presumption in respect of the confess by an accused person produced bef......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)
....nt, submits that the learned Taxes Appellate Tribunal failed to notice that interest on capital borrowed for the purpose of business is allowable deduction in computing income from business under the provisions of the Ordinance and in this view of the matter maintaining the disallowance of the same ......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)
....es the export of which is prohibited under sub-section (1) shall be deemed to be goods of which the export has been prohibited under section 19 of the Sea Customs Act, 1878 (VIII of 1878) and all the provisions of that Act shall have effect accordingly, except that the antiquity in respect of which ......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)
.... trade mark is visually and phonetically similar to the world famous trade mark of the appellant and as such the registration of the said trade mark in the name of the respondent No.1 will offend the provision of section 8(a) of the Trade Marks Act, 1940 (hereinafter called “the Act”) and the sa......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)
.... commencement of the Constitution are protected, although he would still argue that, in any case where the death penalty is the only penalty available under the law, that would be in violation of the provisions of the Constitution. He argued that in such a case where the death penalty is the only pe......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
Shahadat Hossen Vs. State, 2011, 40 CLC (HCD)
....gned order then he preferred the instant appeal. 4. The learned advocate appearing for the appellant on drawing our attention to the FIR submits that since the FIR was lodged without complying the provision as laid down under section 27 of the Special Powers Act and initiation of the impugned cri......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 41
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)
.... setting aside abatement liberally, unless there are gross laches and negligence on the part of the applicant. 13. It has been consistently held by the superior Courts of the subcontinent that the provisions of Order 22 rule 9(2)(3) of the Code should be liberally construed. Abatement of a suit p......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
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