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Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....186. Lawyers Involved: Not represented‑ the Petitioner. AKM Nazrul Islam, Advocate‑ For the Opposite Parties. Civil Revision No. 3541 of 1999. Judgment Gour Gopal Saha J.- This Rule is directed against order No. 35 dated 28‑6‑1999 passed by the 2nd Artha Rin Adalat, Dhaka ....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
.... illegally because there was no such specification of goods in the name of CI. Fittings including tubewell in the Classification of goods as narrated in the Fourth Schedule of the revised Trade Marks Rules, 1963. Secondly, in violation of the provisions of section 10 of the Act, the opposite party N......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....m, Advocates‑ For the Petitioner. Ozair Faruque with Shahidul Islam, Advocates‑ For the Opposite Party 1 (Ka). Civil Revision No. 1982 of 2001. Judgment Mohammad Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revisional application under section 115 of the Cod...... 1 is collusive, fraudulent, without consideration and void. The plaint case, in short, is that while father of the plaintiff, Mohammad Ali, was owner in possession of the suit land, recreated a waqf absolutely dedicating the suit land for construction of a mosque by way of a registered deed of waqf..Category: Trust/Waqf Law | Date: | Hits: 228
Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)
....torney General with Nahid Mahtab, Deputy Attorney-General—For the Respondents. Writ Petition Nos. 5458, 5459 with Writ Petition No. 5872 of 2004. Judgment Md. Abdur Rashid J.- In the above Rules Nisi, a declaration that levy and collection of advance VAT at the rate of 1.5% ad-valorem pur......, the petitioners as registered commercial importers and traders having paid trading VAT were not required to pay advance VAT at the time of import of said goods. In the result, the Rules are made absolute without any order as to cost. The concerned Commissioner is accordingly, directed to return..Category: Fiscal/Taxation Law | Date: | Hits: 95
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....statement not made in oral evidence in the proceedings, if the evidence of that person would have been admissible as evidence in that matter and the relevant person is dead. Similarly, in the USA the Rules of Evidence have been formulated in such a way that hearsay evidence of "spontaneous or excite......ment made by a 3-year old child to her mother and later to the doctor about the indecent assault upon her by the accused is admissible. 46. We, therefore, find that the hearsay rule is not an absolute exclusionary rule and that the source of the rule, namely the English common law, has been ..Category: Criminal Law | Date: | Hits: 35
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ab, Deputy Attorney-General, Sathika Hossain Advocate—For the Respondents. Writ Petition No. 11137-11146 of 2006. Judgment Md. Abdur Rashid J.- Only issue that is involved in the above Rules Nisi is, that whether the Infra-structural Development-Surcharge, briefly IDSC, is a tax, whic......charge upon actual export of the finished goods, namely, Cold Rolled Steel, since it applied for adjustment within the period of six months of export. 28. In the result, all the Rules are made absolute with cost. 29. The respondents are directed to adjust the amount of Infrastructural ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... AKM Salahuddin Khan, Assistant Attorney-General with Rubaiyat Hossain, Assistant Attorney-General—For the Respondents. Writ Petition No. 2826 of 2003. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the respondents to show cause as to why Memo No. 115 (AP)/DA/2003 (Angs...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....ersing the judgment and decree of the learned Subordinate Judge. 10. Being aggrieved by the impugned judgment and decree, the defendants-respondents came before this court and obtained the present Rule. 11. Mr. Zafor Ali, the learned Assistant Attorney-General for the petitioners, submits that...... laches on the part of the PWD for timely informing the plaintiff-opposite party regarding the extinguishment of tenancy right. It is further stated in Clause 15 of the lease deed that PWD has the absolute right, title and interest over the plots of land leased out and the lessee shall not acquir..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule at the instance of the pre‑emptor petitioner is directed against the impugned judgment and or......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....n, Advocate — For the Petitioner. MA Samad with Bazlul Kasir and MGH Ruhullah, Advocates — For the Opposite Parties. Civil Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to sho......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
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39. In view of above discussion, we are of the view that this revisional application has merit. The plaintiffs-opposite parties-petitioners are entitled to get relief.
In the result, the Rule is made absolute without any order as to cost and the impugned judgment and order dated 29-3-20......view of above discussion, we are of the view that this revisional application has merit. The plaintiffs-opposite parties-petitioners are entitled to get relief.
In the result, the Rule is made absolute without any order as to cost and the impugned judgment and order dated 29-3-2006 passed by ..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....t Attorney-General—For the State-Opposite Party. Mir Mahfuzur Rahman, Advocate—For the Applicant. Criminal Miscellaneous Case No. 5519 of 2003. Judgment Sharifuddin Chaklader J.- This Rule calls for a simple question to answer, whether the learned Sessions Judge under law is empowere......ions Judge in revision. The entire order passed by the learned Sessions Judge is without jurisdiction and calls for interference. We find substance in this Rule. 7. In the result, the Rule is made absolute. The learned Sessions Judge is directed to send the case records to the learned Magistra..Category: Criminal Law | Date: | Hits: 33
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....itioner. Zaman Akhter, Deputy Attorney-General with Md. Sabed Ali, Assistant Attorney-General—For the Respondents. Writ Petition No. 5700 of 2000. Judgment Md. Muzammel Hossain J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not...... Insects & Pests Rules, 1966. It is further stated that the Constitution in no way allows a person to import anything that is going to be injurious to human beings. The petitioner's contention is absolutely untenable in law and, as such, the Rule is liable to be discharged. 7. Mr. Imtiaz ..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....Petitioner. Khondker Mahbub Hossain with Afroza Nazneen, Advocates—For the Opposite Parties. Miscellaneous Case No. 5183 of 2004. Judgment Sharifuddin Chaklader J.- This Rule involved a question as to whether a Magistrate can take cognisance of an offence on final repor......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....oner. Shamim Khaled Ahmed, Advocate—For Respondent No. 1. Abdullah Al Mamun, Advocate—For Respondent Nos. 3& 4. Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Repo......se against the petitioner in the Artha Rin Adalat for the recovery of unpaid loan amount as per terms of the, personal guarantee provided by the petitioner. 23. Accordingly, this Rule is made absolute. The inclusion of the name of the petitioner in the impugned CIB Report being No. 3(45) 200..Category: Banking Law | Date: | Hits: 125
....dvocates—For the Petitioner.
Md. Shafiqul Islam Siddique for Md. Raushan Ali, Advocate—For Respondent No. 4.
Writ Petition No. 908 of 2003.
Judgment
Tariq-ul-Hakim J.- Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued ca......entary Affairs, as alleged by the respondent No. 4 and how a part file on the matter was opened thereafter taken steps as per law.
14. Accordingly, with the above direction, this Rule is made absolute without any order as to costs. The impugned order dated 5-1-2000 passed by the respondent N..
Category: Civil Law | Date: | Hits: 77
....ate—For the Petitioner.
Humayun Kabir Bulbul, Deputy Attorney-General-For the Opposite Parties- State.
Criminal Miscellaneous Case No. 3353 of 2006.
Judgment
Nazmun Ara Sultana J.- This Rule was issued on an application under section 491 of the Code of CriÂminal Procedure calling upon......azma Akhter in safe custody against her will is improper and illegal.
8. So, her prayer for release from the safe custody must be allowed. In the circumstances, it is ordered that the Rule is made absolute. The petitioner Nazma Akhter be set at liberty at once.
The opposite party Nos. 3 and 4 ..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....Md. Khurshid Alam Khan, Advocate—For the Petitioner. Ireen Mahbub, Deputy Attorney-General—For the State-Respondent. Criminal Revision No. 1104 of 2004. Judgment Md. Abdul Quddus J.- Rule was issued at the instance of convict appelÂlant petitioner Md. Ali under section 439 of the C......ontends that both the Courts below arrived at erroneous decision without any legal basis and evidence in the case against convict-appellant petitioner and, as such, the Rule having merit must be made absolute. 20. Learned Deputy Attorney-General repreÂsenting State-opposite party submits in rep..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Class 29 from the Register. 2. Rule was issued calling upon the respondent-opposite parties to show cause as to why the Register of......lse statements, suffice to say that those applications are not presently under consideration before this Court and refrain from passing any comment about those. In the result, the Rule is made absolute without, however, any order as to costs. Registered trademark No. 62724 dated 28-11-1999 in..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....……………………………………………….Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result: The Rule is discharged without any order as to the costs. The concurrent findings of fact should not......for preparing the SA record wrongly recorded the name of one Deen Bandhu who has got no right and title in the suit land. Bhabani Kishore died leaving behind only one son Manik Kishore who became the absolute owner of the plot Nos. 70, 71 and 567. Thereafter, he sold .32 decimals of land out of 96 d..Category: Property Law | Date: | Hits: 40
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