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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. ......ief, are: The petitioner obtained lease of the disputed land measuring 0.27 acre of JL No. 275 appertaining to CS plot No. 475 pursuant to a deed of lease dated 13-6-1987. The land was taken on lease for the purpose of establishing a 'petrol pump' and a 'servicing centre'. Initially, the lease was g......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. ...... 28, 2007. Cases Referred To- Haji TM Hassan Rawther vs. Kerala Financial Corporation, AIR 1988 (SC) 157; Ramana vs. International Airport Authority of India AIR 1979 (SC) 1628. Lawyers involved: Md. Ozair Farooq with MNA Afgani and Sk. Md. Morshed, Advocates—For the P..

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. ......an No. 340 in the District of Lakshmipur from its recorded owners by registered kabala Nos. 10230-10231 dated 6-5-1984 and kabala Nos. 3786-3789 dated 20-3-1991. The petitioners after purchasing the aforesaid land constructed residential houses there in accordance with the approved plan after obtain......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. ......�……………………..Respondents Judgment August 13, 2006. Cases Referred To- Bangladesh vs. Subash Chandra Das 46 DLR (AD) 63; Subash Chandra Das vs. Bangladesh 50 DLR (AD) 106. Lawyers involved: Mihir Kanti Majumder, Advocate—For the Petitioners. Adilur Rahman Khan, De..

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. ...... party (respondent No. 2 herein) was a worker within the meaning of section 2(v) of the Act, 1965 and that the Bangladesh FDC is an industrial establishment and that the Act, 1965 would be applicable for its employees. The first Labour Court, Dhaka allowed the Complaint Case on contest and declared ......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. ......udgment February 26, 2007. Cases Referred To- Film Development Corporation vs. Chairman, Labour Court, 49 DLR 396; Managing Director, Sonali Bank vs. Md. Jahangir Kabir Molla, 48 DLR 395. Lawyers involved: Md. Saidur Rahman, Advocate—For the Petitioners. (In all the Writ Petitions)...

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.......orresponding to GR Case No.237 of 2001. 2. By the said judgment the Tribunal also convicted (2) accused Dr. Roushan Alam under sections 302/120B of the Penal Code and sentenced him to imprisonment for life and also to pay a fine of Taka 1,00,000(one lac), in default, to undergo rigorous imprisonm......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.......vs. State, 45 DLR 489; Habibullah vs. State, 21 DLR (SC) 88; Muslimuddin vs. State, 1987 BLD (AD) 1 = 38 DLR (AD) 311; State vs. Fazal, 39 DLR (AD) 166 and Anaddi @ Ayenuddin vs. State, 6 BLC 310. Lawyers involved: ABM Waliur Rahman Khan, Deputy Attorney-General and Fara Mahmuda, Assistant Att..

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. ......rther order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case that the opposite party No. 1 as plaintiff on 30-5-2000 instituted Title Suit No. 78 of 2000 before, the Court of Senior Assistant Judge, Barguna for cancellation of Kabala dated 5-1-1991 by reas....... 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. ......tun vs. Sheikh Md Ramjan Ali 10 MLR (AD) 194; Md Badruddin Khan vs. Bangladesh 36 DLR (AD) 52; Radha Prasad Singh vs. Gajadhar Singh AIR 1960 SC 115; Gola Bewa vs. Md. Abdur Rashid 4 MLR (AD) 420. Lawyers involved: Md. Muzibur Rahman, Advocate—For the Petitioner. Azra Ali with Shahidul Is..

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. ......f 2002. Judgment Md. Imam Ali J.- This application was filed by the petitioner, Bonlac Foods Limited (hereinafter referred to as "Bonlac") under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trademark No. 33243 in......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. ......5. Cases Referred To- KR Chinna Krishna Chettiar vs Sri Ambal & Co AIR 1970(SC) 146; Supermax International Private Ltd vs Samath Razor Blades Industries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate with Ziaul Hasan, Advocates—For the Petition..

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

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

....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......y the proceedings in CR case No. 509 of 2000, now pending in the Court of Magistrate, 1st Class, Madaripur, lodged by the complainant opposite party No.1, under sections 467/468/471 of the Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be qua......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ue J AFM Abdur Rahman J Farida Begum and others…………..Accused-Petitioners Vs. Kapil Krishna Goldar & anr ……..Complainant-Opposite-Parties Judgment July 26, 2006. Lawyers involved: Not represented—the Accused-Petitioners. AKM Nurul Alam, Assistant Attorne..

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. ......tate of Madras vs. G Krishnan AIR 1961 (Mad) 92; Hussain Ershad vs. State, 48 DLR 95. Lawyers Involved: Golam Kibria, Advocate — For the Petitioner. M Imman Ali, Deputy Attorney-General— for the State. Criminal Revision No. 611 of 1998 Judgment Amirul Kabir Chowdhury J.- Challe......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. ......d to- Queen Empress vs. Arumugam & ors 20 ILR (Mad) Ill; Emperor vs. Mithis Swaniyar 30 ILR (Mad) 466; State of Madras vs. G Krishnan AIR 1961 (Mad) 92; Hussain Ershad vs. State, 48 DLR 95. Lawyers Involved: Golam Kibria, Advocate — For the Petitioner. M Imman Ali, Deputy Attorney-..

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.......r dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company filed income tax return for the assessment year 1991-92 showing loss of Taka 62,97,836 which include loss amount of Taka 5,5...... 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.......eering Industries Ltd…………………………….Applicant Vs. Commissioner of Taxes……………………………………………….Respondent Judgment December 2, 1999 Lawyers Involved: AFM Ferojuddin Bhuiyan, Advocate—For Applicant. Dabiruddin Ahmed, Deputy A..

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. ......Bhaskar Chakraborty, the accused petitioner, in Tejgaon Police 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 ...... 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. ......……………………………..Opposite Parties Judgment August 15, 2006. Case Referred To- Dewan Obaidur Rahman vs. State 1999 BLD (AD) 128 = 4 BLC (AD) 167. Lawyers involved: Shakila Rowshan, Advocate—For the Accused-Petitioner Shamim Ara Do..

Category: Criminal Law | Date: | Hits: 81

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

....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. ...... should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. At the time of issuance of the Rule the accused petitioner obtained an order of stay for all further proceedings of Complaint Case No. 379 of 1990 pending as aforesaid. 2. The re......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. ......ahman J Noor Alam Hossain……………………Accused-Petitioner Vs. State and others……………………….Opposite Parties Judgment June 25, 2006. Lawyers involved: Khondaker Gulzar Hossain, Deputy Attorney-General with AKM Nurul Al..

Category: Criminal Law | Date: | Hits: 40

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. ......i-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous imprisonm...... 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. ......Ashfaqul Islam J Naimuddin and another……………..Appellants Vs. State...................... ………………Opposite Party Judgment April 24, 2007. Lawyers involved: Md. Khurshid Alam Khan, Advocate—For the Appellants. Nikhilesh Dut..

Category: Criminal Law | Date: | Hits: 84

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

....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. ......o- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh 46 DLR (AD) 37. Lawyers involved: Maniruzzaman for Bashir Ahmed, Advocate — For the Petitioner. Md. Jafar Imam, Assistant Attorney General......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. ......pril 26, 2007. Cases Referred To- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh 46 DLR (AD) 37. Lawyers involved: Maniruzzaman for Bashir Ahmed, Advocate — For the Petitioner. Md. Jafa..

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. ......999 passed by the Taxes Appellate Tribunal, Division Bench No. 3, Dhaka in Income Tax Appeal No. 558 of 1998-99 (assessment year 1993-94), allowing the appeal in part. 2. Short facts necessary for the disposal of the reference application are as follows : 3. The assessee-applicant, a p......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. ......angladesh) Ltd. vs. Commissioner of Taxes 2002 BTD 57 = 9 BLC 674; Commissioner of Taxes vs. Mysore Commercial Union Ltd. ITR, 126, 340 and Subramanian ITO vs. Siemens India Ltd. ITR 156, 11 . Lawyers involved: Altaf Hossain, Advocate—For the Applicant. Mosharraf Hossain, Depu..

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. ......ated 16-10-2001 corresponding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months...... 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. ...... 310; State of Himachal Pradesh vs. Asha Ram AIR 2006 (SC) 381; Alam (Md) and another vs. State r 54 DLR 298; Hossain Shially (Fakir) vs. State 8 MLR 355 and Misti vs. State 6 MLR 394 = 6 BLC 138. Lawyers involved: Zakir Hossain Bhuiyan, Advocate—For the Appellant ABM Waliur Rahman Khan, ..

Category: Criminal Law | Date: | Hits: 38

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

....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. ......dhury J Md. Nizamul Huq J Aminul Haque Shamim (Md)…….………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer In......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. ......oner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer Involved: Shah Md. Munir Sharif Advocate‑ For the Petitioner. Not represented- the Re..

Category: Constitutional Law | Date: | Hits: 213

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......nd Distribution Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Islam Bhuiyan with Faruque Ahmed, Adv......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......hid J Titas Gas Transmission and Distribution Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Isla..

Category: Property Law | Date: | Hits: 31

Eastern Hardware Store Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ......, Advocate—For the Applicant. Not represneted—the Respondent. Application No. 41 of 1994. Judgment Syed Amirul Islam J.- In this reference the applicant raised the following questions for answer by this Court: (1) Whether, in the facts and on the circumstances of the case, the Ass......n favour of the applicant. Accordingly, the questions raised in the reference are answered as above. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 125. ...... SAN Mominur Rahman J Eastern Hardware Store…………………………Applicant. Vs. Commissioner of Taxes………………………….Respondent. Judgment August 26, 1999. Lawyers Involved: Dabiruddin Ahmed, Advocate with Mahfuza Begum, Advocate—For the Applicant. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Mainuddin Vs. State, 2010, 39 CLC (AD)

....in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259...... instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record-For Respondent No.2. Not Represented- For Respondent No.1. Criminal Petition for Leave to Appeal No. 449 of 2009. (From the judgment and order dated 22.11.2009 passed by the......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......mel Hossain J Surendra Kumar Sinha J Mainuddin………………………………….Petitioner Vs. The State and another………………..Respondents Judgment August 5, 2010. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Md. Zahirul Islam, Advocat..

Category: Criminal Law | Date: | Hits: 24

Abu Taher and others Vs. State, 2009, 38 CLC (AD)

....ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 344 of 2008. (From the judgment and order dated the 9th day of August, 20......ned Counsel for the petitioners deserve consideration. Accordingly, leave is granted. The preparation of paper books is dispensed with as prayed for. Ed. This Case is also Reported in: ......minur Rahman J ABM Khairul Haque J Abu Taher and others………………..Petitioner Vs. The State…………………………………..Respondent Judgment October 15, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-o..

Category: Criminal Law | Date: | Hits: 31

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