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

....ead concerned itself with issues of payment and alleged improper execution by ignoring other material evidence regarding the same as otherwise duly and properly considered by the trial Court. The sum total of the petitioner's grievance lies in the fact that the impugned judgment and decree are reple......as there is a presumption of innocence in criminal matters. That being so the burden of proving every species of bad faith such as fraud, collusion, misrepresentation, impersonation, undue influence, absence of consideration rests on the person who asserts the same and only after that burden was dis....... 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. ..

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 Bonlac Foods Limited, Australia, the application of trademark No. 33342 dated 25-8­1991, before proceeding further with the restoration and publication of the application filed by Sanowara. In the absence of such steps, the Regis­trar failed in his duty and wrongly restored the application filed......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. ..

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.......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.......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...

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. ......73(4) of the Code for delivery of copies, but in section 164 no such provision has been made spelling out any mandate for giving copy of the said statement to the accused. In view of such conspicuous absence of any such provisions in the Code and the Evidence Act being subject to the Code in case of......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)

....he learned Deputy Attorney-General appearing for the respondent, submits that in the instant case the DCT has rejected the amount as the same was not verifiable and, as such, resorted to estimate the total income of the assessee on the basis of the past record of the assessee and thus the assessment...... 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....... 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)

.... 18.9.1995 although the appellant had received Taka 1,59,470 against supply of said building materials from the concerned authority but did not pay the complainant's hill. On 31-8­1986 the appellant totally denied his obligation to make payment of the said amount of money to the complainant and the...... 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. ......accused petitioner has taken a stand that the principal is only entitled to realise that amount through civil proceeding and upon such stand the accused petitioner has approached to the discretionary jurisdiction of this court available under inherent power, recognised by the legislature under the P..

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. ......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. ......s necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to a Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistr..

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. ...... 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. ...... 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. ..

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. ......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. ......it is held: "The petitioner's contract service has been terminated in terms of the contract to which he was a party. Since his appointment has been cancelled in terms of the contract, the Writ jurisdiction is not attracted to his case." 12. Mr. Maniruzzaman, the learned Advocate for th..

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

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

....-94. The Deputy Commis­sioner of Taxes, Intelligence & Investigation Circle-4, Dhaka, now Deputy Commissioner of Taxes, Circle-75, Zone-7, Dhaka (hereinafter referred to as the DCT) assessed the total income of the assessee at Taka 1,04,13,331 against the disclosed profit of Taka 23,27,338 duri......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. ......pect of its said heads of expenditure. He further submits that the questions formulated in the reference applications are purely questions of fact which cannot be reopened by this court in exercising jurisdiction under section 160 of the Ordinance, 1984 and, as such, the questions be answered in the..

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

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

....de of Criminal Procedure to which he pleaded his innocence. The defence did not adduce any evidence on his behalf. 9. The defence case, as could be gathered from the trend of cross examination, is total denial and his case, inter alia, is that no occurrence took place on the date, time and in the....... It further appears from the evidence on record that there are many contradictions in the evidence of the PWs and in between the statement made in the ejahar and in the evidence as adduced in Court, absence of sign of rape in the' medical report and non-examination of the wearing clothes made the w...... 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. ..

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. ......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. ......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

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....... for order on the award. But on an application dated 3-9-1990 of the plaintiff, the Court fixed 4-9-1990 for order on the award, and on 4-9-1990 the Court pronounced the judgment ex parte i.e. in the absence of the appellant, whereupon the decree followed. It appears from the record that the judgmen......ment under section 17 is made subject to the expiration of the period of 30 days from the date of service of the notice of filing of the award and this is a condition precedent to the exercise of the jurisdiction by the Court under the section. 15. In the case of Secretary to the Government of Ka..

Category: Property Law | Date: | Hits: 31

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

.... been mechanically affirmed by the Appellate Tribunal which cannot be sustained in law. As there is nothing on record to show that the taxing authorities were not in a position to properly deduce the total income of the assessee we answer question No.1 in the negative and in favour of the applicant.......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. ......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. ..

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

M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)

....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......recedent for operating a fishing trawler in the deep sea for catching fish. We, therefore, find that the judgment of this Division does not suffer from any error apparent on the face of it and in the absence of any such error, finality attached to the judgment can not be disturbed. In view of the ab......idence of ownership of the trawler in question and in that view of the matter, the cancellation of the licence by the impugned memo dated 13th July, 1995, Annexure-A to the writ petition, was without jurisdiction. Mr. Hossein further contended that the appellant purchased the trawler in question at ..

Category: Property Law | Date: | Hits: 34

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123....... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...

Category: Property Law | Date: | Hits: 27

Rezaul Karim Chowdhury (Md) & others Vs. Court of District Judge and Bankruptcy Court Chittagong and others, 2001, 30 CLC (HCD)

.... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ...... at liberty to dismiss the plaint. Accordingly this Rule is discharged with observation as made above. There shall be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 122. ..

Category: Banking Law | Date: | Hits: 127

Khan and Company Ltd. Vs. Presiding Judge of the District Court and others, 2000, 29 CLC (HCD)

.... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ...... were on 1-11-98 strictly in accordance with the provision of Order XXXVII CPC as quickly as possible. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 121. ..

Category: Civil Law | Date: | Hits: 64

Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)

....illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..

Category: Criminal Law | Date: | Hits: 34

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... the trial has been vitiated as at the relevant time, section 387 of the Penal Code was excluded from the schedule of the Special Powers Act and, as such, the trial by the Special Tribunal is without jurisdiction. He tried to interpret section 29(2)(3) of the repealing Act i.e. Act No. 18, of 1995 t..

Category: Criminal Law | Date: | Hits: 38