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Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505....... PCrLJ 196. Lawyers involved: Golam Kibria, Deputy Attorney-General with Md. Jamil Akkter Elahi, Assistant Attorney-General—For the State. Md. Anowarul Islam, Advocate—State Defence lawyer. Abdul Malek, Senior Advocate with AM Mahbub Uddin Khokan, SM Shahjahan and Md. Ariful..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... no evidence as the prosecutrix Matiza Begum (PW 9) did not implicate any of the accused appellants in the instant case. Next, he submits that the trial Court most illegally and in total ignorance of law goverÂning the facts and circumstances of the present case convicted the accused-appellants onl..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....inciple laid down by the Appellate Division in the reported case in 42 DLR (AD) 219. We further hold that the provision or section 35A with sub-sections (1) and (2) has been cast in mandatory form by amending the Code to effect deduction of imprisonÂment in cases where convicts may have been in cus......igh Court Division, A division bench after hearing allowed the Jail appeal and remanded the case for fresh hearing with finding that the learned Tribunal did not specify as to under what provision of law adjustment of the sentence of imprisonment with the period in custody undergone by the Jail appe..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expediÂtiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......he facts and circumstances of a particular case that the arms and ammunition alleged to have been recovered was kept by the accused himself. The long line of decisions are available on the point. The law is very much rigid and settled on this point. Regard may be taken of the decisions reported in B..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......m. 18. PW 7 Akhtar Par is also a neighbour and a public witness. He was also declared hostile by the prosecution and cross-examined where he stated that the appellant is his brother's son-in-law. He also proved his signature in the seizure list as Exhibit 2/4. On cross-examination by the ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......of the petitioner, took us through the relevant provisions of the VAT Act and the Rules made thereunder and Articles 83 and 84 of the Constitution and also read definition of Surcharge in the Concise law Dictionary, Edition 1997, reprinted 2001, by P Ramananda Iiyar at page 822 and submitted that sa..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)
.... 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.......rate of Government Accommodation, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that ..Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......l District Judge, without consiÂdering the facts of the case and misreading the evidence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tenable in law, therefore, the same is liable to be set aside. 12. Mr. Zafor Ali, cited the decisions in the..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....‘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. ......rst preference over the claim of pre-emption. But the facts in the instant case are not similar to those of the cases referred to above. So, the learned Assistant Judge appears to have misapplied the law, resulting in an erroneous decision occasioning failure of justice. 11. In the appeal against..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....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. ......e, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except through due process of law. The plaintiffs-opposite parties also filed an application under Order XXXIX rules 1 and 2 of th..Category: Civil Law | Date: | Hits: 77
.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......Code of Civil Procedure as amended by the Code of Civil Procedure (third amendment) Act, 2003 and in determining the revisional jurisdiction of the District Judge with reference to other provision of law namely, Civil Courts Act, 1887 as amended, the Suit Valuation Act and the provisions of the Civi..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......”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 empowered to take cognisance of the offence while disposing of a revision arisen from Naraji ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......llate Tribunal, which by impugned order dismissed the appeal giving however some solace in the form of reduction of certain disallowances. 2. In the circumstances, the following quesÂtions of law were referred to this Division for deterÂmination: (i) Whether, in the facts and on the ..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458....... J.- This Rule was issued calling upon the respondents to show cause as to why the impugned omission shall not be declared to be in violation of Articles 27, 31 and 40 of the Constitution and without lawful authority and as to why the respondents shall not be directed to issue import permit to the p..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....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. ......te thereafter, took cognisance of the case under sections 406/420 of the Penal Code. 3. Mr. AKM Faiz, learned Advocate, appearing for the accused petitioner, submits, that it is demand of the law that before taking cognisance on judicial inquiry held on a naraji petition, the complainant mus..Category: Criminal Law | Date: | Hits: 27
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.......-2001 issued by the responÂdent No. 1, so far it relates to classified Borrower Code No. 60220 and the inclusion of the name of the petitioner therein shall not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to t..Category: Banking Law | Date: | Hits: 125
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......celling the appointment of the petitioner as Nikah Registrar of Ward No. 8 of Noakhali MuniciÂpality under Police Station and District Noakhali should not be declared to have been passed without any lawful authority and is of no legal effect.
2. It is stated in the Writ Petition that the pet..
Category: Civil Law | Date: | Hits: 77
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......on of section 537 of the Code of Criminal Procedure and, as such, the same cannot be a ground for setting aside the entire judgment of conviction of the convict/appellants which is otherwise good and lawful. The learned Deputy Attorney-General pressed for dismissal of the Appeal. 20. We have hear..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. ...... It is contended that opposite party No. 1 secretly applied for and obtained registration of a trademark consisting of the words "Red Cow" and the device of the cow knowing that the petitioner is the lawful proprietor of the said mark. It is alleged that the registration of trademark under applicati..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......llate Court as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision unde..Category: Property Law | Date: | Hits: 40
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