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Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....the question 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......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)
.... and season to season inasmuch as the business is almost a seasonal one, and as such the calculation of the amount of VAT on average basis has been done without any factual foundation and contrary to provision of law inasmuch as the respondent has illegally and arbitrarily determined the output of t......-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)
....ollect the copy of the order of detention or any relevant paper of her detention. Thereafter the petitioner moved this Court with a newspaper clipping confirming the detention of the detenu under the provisions of Special Powers Act for a period of 30 days and obtained the present Rule. 6. The re......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)
....ers, as accused persons, are compelled to give evidence or to be witnesses against themselves. Article 35(4), therefore, is of no avail to the petitioners.” Consequently we do not think that the provision of section 4 of the Anti-Corruption Act is ultra vires of the Constitution. 22. In writ......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
....31-1-95 came to the finding that the mark comes under the mischief of section 14(1) of Trade Marks Act and the registered proprietor failed to prove use of the mark within stipulated period under the provisions of section 37(1) (b) of the Trade Marks Act. He ordered that the Trade Mark Application N......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
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....h the Artha Rin Adalat is a civil Court but it is not a civil Court as contemplated under the Code of Civil Procedure. It is a civil Court of defined nature having its own forum of appeal and all the provisions of the Code of Civil Procedure have not been made applicable and more particularly, the p...... may be made to the decisions reported in 14 BLD (AD) 196 and 18 BLD 291. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 235. ..Category: Civil Law | Date: | Hits: 108
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....oner to agitate the points mentioned in this petition and or any other point or points in his appeal before the said authority. It was further directed that the Bangladesh Bank in accordance with the provision of section 48 of the Bank Company Act, 1991 will dispose of the petitioner’s appeal, and......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
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....ing the said appointment. Further, Regulation 53 of the Bangladesh Standard and Testing Institution Service Regulation, 1989 provided that regarding retirement and re-employment of BSTI employees the provisions of Public Servants (Retirement) Act. 1974 will be applicable but the petitioner, taking a...... upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect. 2. The case of the petitioner, in brief, is that, res..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....e and put into hajat while the learned trial Court examined the other 2 accused persons under section 342 Cr.P.C. and his presence in Court was beyond his control. It is needless to mention here that provision of section 342 Cr.P.C. has been codified by the legislature providing opportunity to the a......since no explosive substance was recovered from the control/ possession of the accused petitioner and, as such, the conviction and sentence on the basis of such defective charge is not sustainable in law. He incidentally, submits that the prosecution has failed to prove that the incriminating articl..Category: Criminal Law | Date: | Hits: 33
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....ence is not an offence of murder but as the allegation is that the victim was murdered after committing rape, the offence comes within the mischief of section 7 of the above Ordinance. In view of the provisions of section 10 of the above Ordinance, offences punishable under the Ordinance is included...... under section 26 of the Special Powers Act. In view of the provisions of section 2 of the Ordinance, the provisions of the Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force. So, when the offences as alleged by the prosecution are offences pu..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....lly held that the vessel was captured beyond the limit of customs water of Bangladesh and further, the finding of the member, NBR to the effect that only the manifest will suffice, is contrary to the provisions of section 45 of the Customs Act. 6. In their affidavit-in-reply the petitioner annexe......ow cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (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 (f..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Palash Khan Vs. The State, 2011, 40 CLC (HCD)
....bmits that he found that the accused appellant was sent to Court on 6.8.08 although he was arrested on 4.8.08 at night. 6. The learned advocate for the appellant further submits that the statutory provision have been denied upon the appellant. It is on record that the accused appellant was injure...... at liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 49
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ved by the host countries in Malaysia and Indonesian PSCs. 14. Under the PSCs entered into with Occidental and Cairn Energy, share of Oil received by Bangladesh is very meagre. PSCs normally keep provisions, known as ‘National Economic Interest’ provision, aimed to boost the host country’s......d down. 21. In issuing letters of intent to the IOCs, policy of honesty, reasonableness, fairness have not been adhered to. No recognised person, specialising in the fields of geology, energy, or law has been inducted into the negotiation process where four secretaries to the government, barren ..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. ......t for exclusion of the time from 22-03-84 to 18-05-85 in proceeding the Miscellaneous Case No.15 of 1984 bona fide in the court of District Judge. So, according to him the learned Arbitrator erred in law in rejecting his application. 7. I have perused the application made before this court and al..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....admitted that he and accused Rowshan Ali belong to Jatiya party and the political sorest was prevailing in the country at the relevant time. In reply to a defence question he stated that there was no provision for submission of the Master Roll to him. He refuted the defence suggestion that accused R......fter obtaining sanction for prosecution from the appropriate authority and on completion of the investigation submitted charge sheet against accused appellant Md. Rowshan Ali under proper sections of law. He proved the seizure list Exhibit 4 series and Exhibit 4/Ka is his signature therein. The allo..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....sitive and definite materials collected during the enquiry initiated on receipt of information and he argues that there is no such positive materials to form objective satisfaction required under the provisions of section 4(1) of the Act. He refers to Annexure D-D(1) (Annexure X-X(l) Income Tax retu......calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner Begum Tahmina an active member of t..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....right of every citizen to freedom of speech and expression; and b) freedom of the press, are guaranteed." 8. So we hold that the submission of Mr. Islam, the learned Counsel in the light of the provision of the Constitution of Bangladesh also invites much impact and thinking as to present disp......gation does not come within the ambit of the offence of section 295A of Penal Code against the petitioners. Article 41(1) of the Constitution of Bangladesh reads as follows: "41. (1) subject to law public order and morality. (a) every citizen has the right to profess, practice or propagate ..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....... between the plaintiff and defendant 3 is forged and created by them with an eye to grab the land. Reasons for such findings, as the appellate Court mentioned, are that the plaintiff is the father-in-law of defendant No.3, the plaintiff attested the sale deeds of defendants 1 and 2, Exhibits A(2) an..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....application for amendment the impleading the legal representative of deceased defendant by way of the amendment of the plaint. Mr. Chowdhury further submits that the plaintiff has taken resort to the provision of Order VI of the Code of Civil Procedure only to avoid the effect of abatement of the su...... of the plaint was seriously opposed on behalf of the defendant. It was contended that the sole defendant died on 16-2- 1990 and since no application for substitution was filed within time limited by law which is 90 days from the date of death of the deceased the abated and that belated application ..Category: Property Law | Date: | Hits: 71
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