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Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ith Karuna Moy Chakma, Deputy Attorney-General—For Respondent No. 1 (In all the Writ Petitions). Petition Nos. 1006, 2045-2056, 2357-2360 of 2002. Judgment Tariqul-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Notificatio......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..

Category: Employment/Service Law | Date: | Hits: 107

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Mia (in person) Advocates—For the Petitioner. Karunamoy Chakma, Deputy Attorney-General— For Respondent Nos. 1 and 2. Writ Petition No. 2028 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction......n by the sanctioning authority after being satisfied on the basis of materials before it. 11. The sanction to prosecute constitutes a condition precedent for the prosecution and the Government has absolute discretion to grant or withhold such sanction but the sanctioning authority is to see that ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

....uty Attorney-General with AKM Salahuddin Khan and Rubaiyat Hossain, Assistant Attorneys-General—For the Respondents. Writ Petition No. 2401 of 1998. Judgment SAK Md. Dabirush-Shan J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order under Memo N......onstitution of Bangladesh and obtained the present Rule. 8. The petitioner challenged the impugned notice contending, inter alia, that the impugned order issued by the Anti-Corruption Authority is absolutely mala fide, unlawful, illegal and without any legal effect. It is further stated that the ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....ad Fazlul Karim J. – The appeal by leave is directed against the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308 of 1993 making the Rule absolute setting aside the judgment and decree dated 10.05.1993 passed by the Subordinate Judge......zlul Karim J. – The appeal by leave is directed against the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308 of 1993 making the Rule absolute setting aside the judgment and decree dated 10.05.1993 passed by the Subordinate Judge, Fir..

Category: Property Law | Date: | Hits: 28

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....lved: JH Afric, Advocate—For the Petitioner. ASM Rahmatullah, Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed......¦•িনা জানি না।" and held that the Heba-bil-Iwaz was executed on 19-3-1984 and the suit was filed on 13-7-1996, so the suit is barred by limitation. This view of the trial Court is absolutely erroneous and incorrect. It should be called to mind that the plaintiff Soleman Bewa, age..

Category: Property Law | Date: | Hits: 26

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ondent No. 6. Writ Petition No. 3681 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..

Category: Constitutional Law | Date: | Hits: 200

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

.... Mihir Kanti Majumder, Advocate—For the Petitioners. Adilur Rahman Khan, Deputy Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order dated 25-1-......al Gazette that the acquisition pro­ceedings in LA Case No. 34 of 1993-1994, so far it relates to the petitioner's land comprising 283/4 decimals, stands abated. 18. Accordingly, the Rule is made absolute. There will be no order as to costs. The impugned order dated 25-1-1996 (Annexure-G) pas..

Category: Property Law | Date: | Hits: 57

Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)

....howdhury Sanawar Ali with Mohammad Jahangir Alam, Advocates—For Respondent No. 2. (In all the Writ Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..

Category: Labour and Industrial Law | Date: | Hits: 181

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

.... with Shahidul Islam, Advocates—For the Opposite Party. Civil Revision No. 2063 of 2004. Judgment Syed Refaat Ahmed J.- In this application under section 115 of the Code of Civil Procedure Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment ......he plaintiffs suit was barred by limitation under Article 91 of the Limitation Act, 1908. 17. In light of the above, this Court finds substance in the Rule. 18. In the result, the Rule is made absolute and the impugned judgment and decree dated 12-5-2004 passed by the learned District Judge, ..

Category: Property Law | Date: | Hits: 32

Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)

....he same was registered under application No. 33243 as of 11th August 1992. It is alleged that such registration is in violation of sections 10(1) and 8(a) of the Trade Marks Act, 1940 ("the Act") and Rule 24 of the Revised Trade Marks Rules, 1963 ("the Rules"), thus creating confusion amongst the tr......bove, sufficient opportunity was given to the parties to address the issues arising and I have heard their arguments at length. 21. In the result, the application is allowed and the Rule made absolute. 22. The registration of application No. 33243 dated 11-8-1992/11-8-1991 is hereby ..

Category: Intellectual Property Law | Date: | Hits: 199

Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)

....stant Attorney-General—For the State-Opposite Party. Miscellaneous Case No. 801 of 2001. Judgment AFM Abdur Rahman J.- Accused petitioners, Mosammat Farida Begum and 5 others obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the complainant......lising compensation from the complainant opposite party No. 1. On the discussion and reasoning as above, we find merit in this Rule which deserves consideration. In the result, the Rule is made absolute. The proceeding in CR case No. 509 of 2000 pending before the Magistrate, 1st Class, Madari..

Category: Criminal Law | Date: | Hits: 28

Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)

....minal Revision No. 611 of 1998 Judgment Amirul Kabir Chowdhury J.- Challenging the legality of an order refusing to furnish certified copy of statement of co-accused under section 164 CrPC this Rule was obtained by the accused-petitioner upon an application under sections 439/435 of the Code o......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..

Category: Criminal Law | Date: | Hits: 25

N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....ibunal without examining the materials on record most illegally confirmed the other disallowances. 9. It appears from the impugned order that the DCT disallowed entertainment allowances as per IT. Rule 65 on the ground that the company incurred loss during the assessment year in question and the ...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...

Category: Fiscal/Taxation Law | Date: | Hits: 72

Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)

....e Station Case No. 67 dated 20-9-2000, initiated under sections 406/420 of the Penal Code comprised in GR Case No. 3452 of 2000, pending before the Chief Metropolitan Magistrate, Dhaka, obtained this Rule under section 561A of the Code of Criminal Procedure, on 18-2-2001, challenging the legality an...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..

Category: Criminal Law | Date: | Hits: 81

Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....posite Parties. Not represented— the Petitioner. Criminal Revision No. 360 of 1992. Judgment AFM Abdur Rahman J.- The accused petitioner Md. Noor Alam Hossain obtained this Rule calling upon the Deputy Com­missioner, Natore as well as the opposite party Nos. 2-4 to show c......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..

Category: Criminal Law | Date: | Hits: 40

AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)

....for Bashir Ahmed, Advocate — For the Petitioner. Md. Jafar Imam, Assistant Attorney General — For the Respondents. Writ Petition No. 3422 of 2001. Judgment SM Ziaul Karim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..

Category: Employment/Service Law | Date: | Hits: 76

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ratches and bruises, as a result of struggle. Such marks are likely to be found on the bodies of grown up women who are able to resist. In the instant case, the victim is a grown up lady and there is absolutely no evidence on record of any struggle having taken place, nor were marks of any injury fo..

Category: Criminal Law | Date: | Hits: 38

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

....-7-2000 passed by a Division Bench of the High Court Division in Writ Petition Nos. 2111, 2149, 2165, 2183, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2258, 2259, 2260 and 2261 of 1993 discharging the Rules. 2. The facts involved in the cases, in short, are that 0.59 acres of land of Mouza Harihar......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37

Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)

....e publication of the aforesaid malicious news the right to reputation of the petitioner has been violated and hence is this application. It appears that the petitioner has also prayed for issuance of Rule upon the respondents to show cause as to why publication of the Daily Inqilab dated 14‑12‑2......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ..

Category: Constitutional Law | Date: | Hits: 213