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Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......spahani vs. Sonali Bank and others reported in 37 DLR (AD) 1 wherein it has been held that a guarantor may be persuaded for repayment of loan even without pursuing the principal debtor and, in that view of the matter, the guarantor can well be considered to be defaulter and his name can be include..Category: Banking Law | Date: | Hits: 125
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....dyl from possession of accused including petitioner was not at all proved at the trial by satisfactory legal evidence as required under rule. He further contends that both the Courts below arrived at erroneous decision without any legal basis and evidence in the case against convict-appellant petiti......ck to the High Court Division for consideration on merit. Learned Advocate submits that if the case be sent back to the Court below to hold the fresh trial under provisions of Special Powers Act in view of recovery of bottles of Phensidyl from the accused as per prosecution story after lapse of ..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... set aside. 14. The Learned Advocate, Mr. Subrata Chowdhury further submits that the sentence as awarded by the Tribunal Judge against the convict/appellant to suffer transportation for life is erroneous sentence since the Provision of section 3 of the Explosive Substances Act, 1908 does not p....... Subrata Chowdhury that the tribunal Judge did not consider the evidence on record in its true perspective. Upon meticulous examination of the aforesaid aspects of the case we are of the considerate view that the impugned judgment suffers from legal and factual infirmity as the same failed to consi..Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......he mark would become publici juris. Such provision was, however, dropped from the UK legislation since 1883 and corresponding provisions were not included in the Trade Marks Act, 1940. In such view of the matter, the submission of the learned Advocate for the opposite party No. 1 that the tra..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....ss the evidence on record properly. The learned Joint District Judge also without going through the merit of the suit and discussing the evidence on record and without considering the registered deed erroneously supported the decision and finding of the learned Senior Assistant Judge, Narsingdi and ......ry including the registered deeds. The learned Advocate for the petitioner could not point out any error, illegality or infirmity of law in the judgment passed by the lower appellate Court. 16. In view of the facts and circumstances of the case, I do not find that the lower appellate Court in aff..Category: Property Law | Date: | Hits: 40
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... such power upon a Tribunal which is not a "Court". According to him, it is unimaginable that such conferment can be read and assumed by the judgment of a case and that any such assumption is grossly erroneous on the face of it. He therefore, submits that reading the judgment in its proper perspecti......rs was restored. Mr. Amirul Islam, therefore, submits that the guaranteed right conferred under Article 102(1) along with Article 44 of the Constitution to move the High Court Division for judicial review cannot be limited by conferring a power upon a Tribunal. Even Article 44(2) provides for empowe..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......(AD) 59 = 58 DLR (AD) 12 wherein it has been held that: "Any person failing to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. In view of the provision of law prescribing the punishment for failing to submit the statement and, in ..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......being, the personal right of the deceased plaintiff and outsider cannot be claimed to be substituted to carry on the suit as plaintiff under Order 22 rule 10 of the Code of Civil Procedure. 13. In view of the findings arrived at by the High Court Division and our observation as above we find no..Category: Property Law | Date: | Hits: 28
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
.... 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, aged about 80/......তি নিয়েছে কিনা 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 ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....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. ......, the legislature has empowered the Government to see that there is no leakage in its revenue. It is for the Government to decide whether the price offered in auction sale is adequate." 16. In view of the aforesaid pronouncements, we are of the view that the Government by making certain guide..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ...... and 2 to construct a pucca building and homestead proposed to be acquisitioned. Annexure-K is a notice dated 23-4-1996 addressed to the petitioner No. 3 for vacating the concerned land. Thus, in our view, the petitioners have sufficient interest to file this Writ Petition and, therefore, the lear..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....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. ......sede the Employment of Labour (SO) Act. Therefore, if any provision of the Service Regulations of the FDC is less favourable to the express provision of the Standing Orders Act that provision, in our view, is void ab initio." 25. The facts and circumstances of the case in hand are identical. Ther..Category: Labour and Industrial Law | Date: | Hits: 181
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......ed to issue false warrant of arrest against Shujan for harassment. In spite of taking those steps, the accused persons failed to refrain Shujan and, as such, they hatched conspiracy to kill him. In view of such threat on his life, Shujan had to return to Dhaka on 1-7-2001 taking an alternative rou..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......osite party No. 1, and the judgments and decrees of the courts below. 7. This Court notes at the outset the submission of the Learned Counsel for the petitioner, Md. Muzibur Rahman that keeping in view the necessity to consider in their entirety the facts and evidence as were before the courts be..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ompleted. In such circumstances it was the bounden duty of the Registrar to assimilate his records so rest conflicting trademarks are not registered as provided under Rules 23 and 24 of the Rules. In view of the earlier show cause notice, the Registrar should have considered Sanowara's application i..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....inal proceeding in CR case No. 509 of 2000 against the accused petitioners under sections 467/468/471 of the Penal Code which we have found to he not maintainable under the provision of law. But such erroneous proceeding initiated against the accused petitioner No. 1, caused humanitarian disaster ag......4511 dated 13-11-2000 and claiming title over the said property by virtue of the said saf-kabala. 12. Upon perusal of such allegation a question could be posed how such an act came under the purview of sections 464 and 463 of the Penal Code. An act of execution of a saf-kabala by one person in..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....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. ......ce Act are taken as yardstick for determination as to the right of an accused to inspect and thereby to get copy of the aforesaid statements, the answer is in the affirmative. But we feel inclined to view the problem from another angle also. In the instant case we are called upon to decide first as ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... 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.......asis of the past record of the assessee and thus the assessment order is in accordance with law. 6. At the time of argument the learned Advocate for the applicant did not press question No. (c) in view of the question No.(a) as has been formulated in paragraph No. 7. 7. We have perused the app..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... 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. ......he inherent jurisdiction of this Court is not entitled to any redress from this Court, so long as he remains with unclean hands. 14. Upon scanning the entire materials on record our considered view is that the FIR has sufficiently disclosed the element of criminal offence and since the accuse..Category: Criminal Law | Date: | Hits: 81
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... the BDR and custody of the children were allowed by the learned Magistrate so the recovery of the children from the custody of the convicted-appellants has been proved beyond shadow of doubt. In our view, the learned trial Court has correctly held that on consideration of the testimony of the witne..Category: Criminal Law | Date: | Hits: 84
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