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....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:
......llant Division. Now the executing court is bound to execute the decree as it stands. In the meantime the executing Court has executed the kobala deed. In view of the above facts and circumstances the question of waiver of in executing the decree does not stand for the cause of withdrawal of taka 3,6......out its entire assets to the defendant No.1 and 2 of the instant suit (appellants) and they stepped into the shoes of M/S Imperial commercial Industries. From the evidence of P.W.1 we find that those facts have been admitted by the P.W.1. The P.W.1 has also admitted in his examination in chief that ..
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. ...... Division was also rejected by order dated 04.05.2005. 6. It may be mentioned that the High Court Division, while accepting that the accused was a minor at the time of the trial, observed that the question of status of the accused as a child and the jurisdiction of the tribunal was not raised bef......f the Subcontinent as well as from the Commonwealth and the United States of America, we also had the benefit of hearing Mr. Mahmudul Islam, learned advocate, who appeared as amicus curiae. 5. The facts of the case brought against the convicted detenu are no longer of much relevance since on 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....... Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistant Attorney-General—For the State. Criminal Appeal No.481 of 2000. Judgment MA Aziz J.- This appeal calls in question the propriety of the order dated 7-3-2000 passed in Special Tribunal Case No.2 of 2000 by t......i, Chinese axe and Ram Dao. This view of ours gets support from the case of Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others reported in 39 DLR (AD) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation invo..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.......ivil Revision No.1507 of 1991 (Dhaka) found that this Court already found that the suit had abated against deceased defendant No.17 Nur Mohammad, although this Court never found as in the judgment in question. Rather it appears from the judgment passed in Civil Revision No.1507 of 1991 that their Lo......ule 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 aside abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit be..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.......peal. 2. It appears that the appellant instead of depositing the half of the decretal amount in Court submitted Bank Guarantee before the trial Court and the trial Court accepted the same. Now the question arises as to whether Bank Guarantee can be furnished before filing this appeal within the m.......40 being 50% of the total decretal amount has been deposited before the Artha Rin Adalat by Bank Guarantee and the Artha Rin Adalat has already accepted the aforesaid Bank Guarantee. Considering the facts and circumstances of the case and the practical difficulties in order to comply with the requi..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.......cerned inspector and there was no arrear whatsoever, and as such there could not be any notice for any arrear as alleged. The petitioner further asserted that he has not received any objection on the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and request......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...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.......ected to show 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 dispos......s were directed to show 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 ..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.......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....... since the order of detention and approval and extension thereof have already been held to have been made without lawful authority, even if there was service such service is of no consequence. In the facts and circumstances, other grounds need not be gone into. 20. In the premises as aforesaid it..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. ......ng aggrieved by the impugned notices they filed these petitions and obtained the Rules. 3. As the impugned orders have been issued by the same respondent under the same authority involving similar question of law and fact they are being disposed of by a single Judgment. 4. We may start by disc...... 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. ..Category: Criminal Law | Date: | Hits: 69
....s Act and the conduct of the appellant in getting the mark registered was not honest and the same was calculated to deceive the members of the public. The marks registered in the name of appellant is identical with the mark of the objector-respondents which was registered in India originally and the......e in the newspapers. This registration of the mark conferred upon the registered owner an exclusive and monopoly right over the trade mark “Supermax” for use on blades in Bangladesh. There was no question of visual or phonetic similarity with the mark of the respondent as they had no registratio...... of the world. The same view has also been taken in the case of SM Taufiq and others Vs. National Biscuit C., New York, reported in PLD 1962 (Karachi) 355.
9. From a consideration of the admitted, facts and the law involved we hold that there was, no long user of the respondent’s product in thi..
Category: Intellectual Property Law | Date: | Hits: 319
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....... defined in section 2(d) of the above Act. 7. Mr. Islam, referring to Annexure-F, F-1 and G which were filed along with supplementary affidavits filed by the petitioner submits that the project in question is still continuing. However, since in spite of the prayer of the petitioner in the Writ pe......val of the President was illegal ab initio and accordingly, after this fact was revealed, the respondent No. 1 directed the respondent No. 2 to cancel the appointment of the petitioner and so, in the facts and circumstances of the present case, there was no requirement to issue any show cause notice..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.......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.......m their control and possession but they have been falsely implicated in this case. 6. After close of the prosecution case the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case convicted the accused petitioner and others for the offence char..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. ......যাতন (বিশেষ বিধান) আইন 1995 there is any scope of trial of the offences under that Ordinance if the case is now sent back for trial. We have found the answer of this question in section 29 itself of the above Act of 1995. The same is reproduced below: “Ordinanc......ge was also framed against them under those sections at the time of trial. Both the appellants made statement under section 164 Cr.P.C. and on the basis of their statement and on consideration of the facts and circumstances of the case, the learned Sessions Judge found both of them guilty of the cha..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. ......f smuggled goods was found in the fishing trawler Shah Amanat which was arrested at the time of alleged smuggling. 17. In the case of Niaz Ahmed Vs. State reported in PLD 1978 Karachi page 774 the question as to whether mere import of goods in violation of a notification, amounts to smuggling und......the Appellate authority, found that there is doubt about the exact location wherefrom the vessel was seized there was scope for the revisional authority to decide this issue after taking the relevant facts into consideration and accordingly, the revisional authority, relying upon the map supplied by..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. ...... compulsive over production, when such production would not be warranted, only in order to pay the contractors cost. Bangladesh’s competence to supervise activities of the overseas companies remain questionable, as it failed to do so to prevent Magur Chara catastrophe. Bangladesh PSCs also contain......pondents fiercely contested the Rule and filed affidavit and supplementary affidavits-in-rebuttal to dispel the contention the petitioners put through. According to the respondent no.1, the purported facts put forward for consideration through the writ petitioner are so highly contentious that they ..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ......nst the award of the Arbitrator. 13. When the application under section 28 of the Ordinance before the Arbitrator and that under section 115 of the Code before this court are not maintainable, the question of entitlement under section 14 of the Limitation Act for exclusion of the time in proceedi...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......at the aforesaid relief goods would have to be distributed amongst the distressed persons of the locality in presence of the Union Relief Officer and Master Rolls showing distribution of the goods in question which shall have to be submitted to the Upazila Parishad within one day of such distributio......stant Inspector is not illegal so as to vitiate the trial and the order of conviction and sentence. The submission of the learned Advocate on this score is thus found to be of no substance. 31. In facts and circumstances of the case and the evidence on record, I am satisfied that the learned Divi..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ......ecision dated 23-3-99 of the High Division in the analogous hearing of Writ Petition No.5190 of 1996 with Writ Petition Nos. 5382 of 1996, 5384 of 1996, 736 of 1993 and 2538 of 1991 involving similar question of law and facts on the point of ‘satisfaction’ of the ‘Government’ as contemplated...... Annexure X-XI (Annexure D-D(1)). 6. Power on behalf of Respondent No.2 was filed by learned Assistant Attorney-General but no affidavit-in-opposition was filed by the Respondent to controvert the facts stated in the writ petition and to oppose the Rule. 7. Learned Advocate Abdul Malek appeari..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......ted Islamic thinkers who dominate a section of Islamic people in our society, Trust Lahore Vs. Crown in the matter of the book: “Jesus in heaven on earth" reported in 7 DLR (Lahore) 17 in which the question of proscription of that book and its legality was considered under section 99A of the Cr.P.......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491.......nowledge and consent of the plaintiff. The plaintiff attested their sale deeds. Their further case is that the transaction between the plaintiff and defendant No.3 is an out and our sale. There is no question of any mortgage ever entered into by plaintiff and defendant No.3. The defendants Nos. 1 an......her hand, Mr. Abu Salek, learned Senior Advocate appearing for opposite parties Nos. 1 and 2, submitted, the suit for possession was dismissed by the appellate Court below on due consideration of the facts and circumstances of the case and the evidence, both oral and documentary on record. The findi..Category: Property Law | Date: | Hits: 113
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