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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. ......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. ......ka........Petitioner Vs. Syduzzaman Faruq....................................................Respondent Judgment December 5, 2010. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Nurul Isl......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....... 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....... Md. Muzammel Hossain J Surendra Kumar Sinha J The State........................................Petitioner Vs. Mirza Abbas....................................Respondent Judgment October 4, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Kha......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.......oresaid Shamsuddin Bhuiyan and at the relevant time vendor Golam Saber Shamsuddin Ahmed being minor, the patta deed dated 1.7.1944 was executed and registered by his father, the natural guardian, and accordingly said Shamsuddin Bhuiyan has been possessing as owner of the suit plots and enjoying usuf......; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216.
Lawyers Involved:
Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 429 of 2008.
(From the judgment and order dated 03.01.2006 passed by the High Court......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. ......the Company was vested with the Government under Bangladesh Textile Mills Corporation (BTMC). In the year of 1982, the Government decided to denationalize the same in favour of its previous owner and accordingly, the Company was handed over to the present management on 24.12.1982. As per rules, a di......he Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahabubar Rahman, Advocate-on-Record-For Respondent No.8. Not represented- Respondent Nos. 1-7. Civil Petition for Leave to Appeal No.199 of 2009. (From the judgment and order dated the 20th day of January, 2000 passed......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. ......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. ......J Gour Gopal Saha J Islami Bank Bangladesh Ltd..……….Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Amin Jute Mills Ltd. Vs. Arag Ltd., 28 DLR (AD) 76. Lawyers Involved: Muhammad Nazrul I......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. ...... such, the same in no way can be considered in the Court of law and as such there being no evidence either oral or documentary, the accused-appellants ought to have been acquitted from the charge and accordingly he submits that the impugned judgment and order of conviction and sentences are liable t......isdiction) Present: Md. Hassan Ameen J AFM Mesbahuddin J Shah Alam and others………...Petitioners Vs. State.………..Respondent Judgment July 18, 2000. Cases Referred to- Abul Khayer and three others Vs. State, 46 DLR 212; Babul alias Abdul Majid Khan and others V......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. ......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. ......t. 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 by this Judgment. 2. Reference No.39 of 1994 relates to the assess......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. ......r 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 the provisions of that Act have been cont......others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, Assistant Attorney-General — For the State. Criminal Appeal No. 820 of 2000. Judgment MA Aziz J.- Thi......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. ...... and order dated 26-6-84, passed by the learned Registrar of trade mark. Hence we are not inclined 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. ...... 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:
...... was started in 1974. The background of that battle was that the present plaintiff respondent entered into a contract for sale of the suit land in favour of M/S Imperial commercial Industries Ltd and accordingly an agreement for sale was executed and registered on 17.08.1970. M/S Imperial commercial......ে কবলা পাওয়ার অধিকার waive করিয়াছেন। এবং বর্ণিত অপর জারী ২০/৮৫ ইং মামলা বাতিল infructous, জারী অযোগ্য এবং তৎদ্বারা মূল বিবাদ......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)
....he saved the life of the whole people....." 16. He submits that in Islam life is sacred as it is in most other faiths in the world and the Qur'an itself forbids the taking of life except by way of justice and law (reference Sura-6:151. He submits that a decision cannot be by way of justice and la......t the sentence of death is to be given in the rarest of rare cases. He also pointed out that in Mithu's case the mandatory death sentence was declared to be unconstitutional. Mr. Islam submitted that according to the provisions of the Constitution, the death sentence itself is not unconstitutional a......'s Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR 1986 Supreme Court 1773; Hussain ......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.......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.......d Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: 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 a...... 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)
....deceased defendant No.17 Nur Mohammad, the prayer for substitution on setting aside abatement could not be allowed, although the High Court Division never found and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law i......mind into the facts and circumstances of the case and the law bearing on the subject and the same has occasioned failure of justice. The submissions made by the learned Advocate for the appellant are accordingly sustained. 15. In the result, the appeal is allowed without any order as to cost and ......inst deceased defendant No.17 Nur Mohammad. It would be mentioned in this connection that this order of abatement dated 23-10-1991 was passed in the absence of the parties. There is nothing on record to show that the aforesaid order of abatement was even shown to the learned Advocates for the conten......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.......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.......nd another………Respondent Judgment June 14 & 24, 1999. Lawyers Involved: Mainul Hosein with Monjur Kader, Advocates—For the Appellant-Petitioner. Mahbuhey Alam, Additional Attorney-General—For Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates......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)
....estion of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-1993 for hearing whic......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........ 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.......nd they, by false inducement, got delivery of the shrimp fries having no intention to make full payment. He has further submitted that part payment was an eye-wash to deceive the complainant. Lastly, according to him though there cannot be an offence of cheating unless there is initial deception, th......d. Salamatullah & others………………………..Opposite Party Judgment August 5, 1999. Cases Referred To- Akamuddin Vs. State, 27 DLR (AD) 175; Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu, 46 DLR (AD) 180; Mohadeo Proshad Vs. State of West Bengal, 1954 Cr LJ (SC) page 18......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.......ure ‘X’ was not issued by the District Magistrate, Dhaka inasmuch as this Annexure has been issued by one Md. Shahjahan Ali Mollah who has styled himself as a District Magistrate, Dhaka although, according to the learned Advocate for the petitioner there is no such person who is serving as Distr......ahman Khalifa Vs. Secretary, Ministry of Home Affairs and others, 1986 BLD 272. Lawyers Involved: Mahbubur Rahman with Ms. Farah Mahbub Advocates—For the Petitioner. KM Saifuddin, Deputy Attorney-General— For the Respondents. Writ Petition No.1389 of 1999. Judgment Md. Abdul Ma......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)
....hether there is a prima facie case. Every public officer who has to decide whether to prosecute or raise proceedings ought first to decide whether there is a prima facie case but no one supposes that justice requires that he should first seek the comments of the accused or the defendant on the mater......nt of the notice is let off and if materials are available, on completion of investigation a charge sheet is submitted and the person is put on trial. At the trial stage a formal charge is framed and accordingly the accused gets an opportunity to refute the charges i.e. at the time of framing charge......8. ......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.......s that excepting a single consignment which was of 1984 there is no other material to show that the objector’s mark was in use in this country before 1984 or even after 1984. Mr. Ahmed submits that according to the objector their mark is in India from 1960. There is no material that before liberat......Samah Razor Blades Industries Ltd…………….Appellant
Vs.
Supermax International Pvt. Ltd and another………….………….Respondents
Judgment
March 11, 1998.
Cases Referred to-
15 RPC 131; 21 RPC 617; Bengal Friends & Co. Dacca vs. Gour Benode Saha & Com Calcutt......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)
....vit-in-opposition has been filed on behalf of the Bangladesh Bank respondent No.1 stating, inter alia, that the action of placing the petitioner under suspension was done perfectly in consonance with justice and requirement of the Act, which will be clear from the fact that an inspection team in the......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. ......…Respondents Judgment July 10, 1997. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. M Zahir, Rokanuddin Mahmud and Faisal Mahmud Faizee, Advocates — For the Petitioner. KS Nabi, Attorney-General with Bazlur Rahman Chhana, Assistant Attorney-General — For Respondent Nos.1, 2 &am......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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