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Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....be declared to be not applicable in Title Suit No. 195 of 2002 pending before the Artha Rin Adalat No. 1, Dhaka against the petitioner under the provisions of the Artha Rin Ain, 1990. 3. Short facts, relevant for the purpose of disposal of the Rule, are that the respondent No. 3, Janata Bank,......eported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in short, are that the petitioner is a priv......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba......eign currency nor security within the meaning of the Foreign Exchange Regulation Act, 1947. The treasury 'Challan' dated 21-8-2004 sealed and signed by the Bangladesh Bank (Annexure F) was sufficient evidence of the purchase of the stamps in question from the Bangladesh Bank. Payment of any customs ..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... course of daily life comes in possession of a counterfeit or forged note which he finds to be suspicious and tries to get rid of it, he cannot be held guilty under the section. Having regards to the facts we could not find any evidence whatsoever from the record that the appellant used or tendered ...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ......of an innocent citizen without slightest of his knowledge and he may so use it without knowing or having reason to believe it to be forged or counterfeit……………….(29) Where there was no evidence that the currency note in possession of the accused was of such nature or description of lo..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....led on 4-6-1997, by the respondent No. 2 for rectification of the register and removal of the mark from the register so that the respondent No. 2 can get registration of the mark in Bangladesh. The facts which would suffice to prevent registration would in general, be sufficient for removal of the......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......e Mark Liberty in Bangladesh nor user of the Mark in Bangladesh and, as such, the applicant is not an aggrieved person and the application is liable to be rejected. 4. Both the parties adduced evidence under affidavit in support of their respective case. The Tribunal, Deputy Registrar of Trad..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....tioners appeared as accused Nos. 1 and 4. This first information report was lodged under sections 143/341/307/332 of the Penal Code and under section 3/4 of Explosive Substance Act. From narration of facts in the first information report if appears that in the election campaign, the informant was su......: 59 DLR (2007) 586. ......e of the view that the allegations made in the first information report, found prima facie true on investigation by police and the learned Magistrate being satisfied, framed charge, in such situation evidence is required to settle whether the accused petitioners are guilty of the allegations or not...Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
.... Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action. 2. Short facts leading to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No......r information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....ath Majumder did not execute the will in favour of Surendra Nath Biswas on 5-8-63 and that Harinath Majumder died on 27-7-63 before the date of execution of the will; Surendra Nath Biswas concealed facts and obtained the Letter of Administration by practising fraud upon the Court. The respondent N......Reported in: 59 DLR (2007) 579. ...... revocation of the grant. 4. The respondent No. 1 examined 4 witnesses in support of his claim and the appellants examined two witnesses. The learned District Judge on consideration of the evidence on record by the impugned judgment allowed the Miscellaneous Case and revoked the Letter ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....eem fit and proper. 2. The writ petitioner Sylhet Gas Fields Limited is a registered company under Petrobangla and the respondent No. 2 is an employee of this petitioner company. 3. The facts necessary for disposal of this Rule, in short, are as follows : The respondent No. 2 wa......cial Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sylhet Gas Fields Ltd………………….Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgment March 25, 2007. Lawyers involved: ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ........Plaintiff-Opposite-Party Judgment August 15, 2007. Cases Referred To- PP Gupta vs. East Asiatic Co. AIR 1960 (Allahabad), 184; Mahangu Prasad Sah vs. Pravag Sah, iAIR 1972 (Gauhati), 40 and Smt. Naufati vs. Mehma Singh, AIR 1972 (Punjab & Haryana), 421. Lawyers involved: Sayy......in section 18 of the Artha Rin Adalat Ain, he submitted that there is no bar to proceed both the suits. To this effect, he submitted that Title suit No. 209 of 2002 is at the peremptory stage and the evidence of opposite party No. 1 has been recorded in part. At this stage, by obtaining the Rule, th..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... the learned Advocates, we need to read the relevant provisions of the Act, in particular, sections 18,19,30 and 30A of the Act, which we would do a little later. 13. Before that, we hope the facts of one case would be sufficient to understand the issue raised and the questions of law involv......n: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....mendation of the Selection Board constituted for the purpose and approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educational qualifications of the A......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule...... not entitled to be appointed as a lecturer in Arabic. He further submits that the disputed questions of facts are involved in this writ petition and that resolution of those facts requires taking of evidence and therefore, the instant writ petition is not maintainable. He then submits that the peti..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....No. 15 of 1995 reversing those dated 14-1-95 passed by Subordinate Judge Arbitration Court at Dhaka Succession Case No. 33 of 1992 which set aside order granting a succession certificate. 2. Short facts for disposal of the Rule are, that on 20-1-91 on behalf of Muhaiminul Hasan Khan, Mamun, minor......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......n examined herself only as a witness and similarly, opposite party No. 1 examined himself Number of documents were adduced by the parties, which were marked as exhibits. 5. On consideration of the evidence oral and documentary on record, the learned Subordinate Judge held that- a. opposite par..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....s present revisional application is not at all maintainable. 5. We have gone through the contents of the decision reported in 46 DLR (AD) 174. In paragraphs 2, 3 and 4 of the above decision of the facts of case and the contention of the parties were stated and in paragraphs 7 and 8 the submission......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....f interrogation disclosed the names of Shobuj, Sagor alias Yousuf, Bura Yunus, Nannu, Nazir Hozrot, Kalam Mia, and Gulkata Moksed, who were with them. Thereafter, he lodged the FIR narrating the said facts with the Lalbagh police Station. 5. After the case of records were sent before the lear......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has also examined similar set of witnesses in both the cases. The evidence on one case would overlap the other and therefore, we would like to discuss the evidence in..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......on (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved......rdance with Rupali Bank Employees Service Rules he was removed from service. So, he was not liable to be reinstated in the service. 4. At the trial, the learned Assistant Judge after recording evidence both oral and documentary adduced by the parties on consideration of the same decree the su..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....mes in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common question of law and facts and are being disposed of by this single judgment. 4. It has been stated that the peti......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d 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) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
....on first, it is again pointed out that since other two matters arose subsequently out of the said very leave petition, if the leave petition is placed first, we would be able to appreciate the entire facts. Moreso, the leave petition having been fixed earlier for hearing today, it would be proper fo......ain J
SK Sinha J
Begum Khaleda Zia……………………….. Petitioner
Vs.
The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents
Lawyers Involved:
T. H. Khan, Senior Advocate, Rafique......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Shilpi Vs. State, 2006, 35 CLC (HCD)
....nformation report named witness Shilpi is the victim of the case and in the petition of the prosecution it was clearly stated that on 4-4-2006 only the victim was recovered. 3. Considering the facts and circumstances, we find that the victim Shilpi, the present appellant, is a very vital witn......ing the application of the prosecution for examination of the first information report-named witness Shilpi, the victim of the case. 2. We have heard the learned Advocate for victim-appellant and gone through the relevant papers. It appears that the above mentioned first information report n......s recovered. 3. Considering the facts and circumstances, we find that the victim Shilpi, the present appellant, is a very vital witness of this case and, as such, she should be allowed to give evidence before the Tribunal. In the circumstances, we direct the Tribunal concerned to take evidenc..Category: Procedural Law | Date: | Hits: 67
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner is a renowned physician. On 3-11-1997, he joined ...... Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referre......s the Rule having no merit fails. 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) 533. ..Category: Employment/Service Law | Date: | Hits: 89
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....ed 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule are that, opposite party No. 2 Md. Asgar Ali as plaintiff in......……………Petitioner Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petit......e defendant seriously challenged the genuineness of the power of attorney and the authority of Nur Mohammad to prosecute the suit. On 14-7-97 plaintiff Md. Asgar Ali appeared before the Court and his evidence was recorded. He stated before the Court that he had executed the power of attorney in favo..Category: Procedural Law | Date: | Hits: 76
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