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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. ......able by the requiring body to the Deputy Commissioner on 8-6-1995 vide Memo No. 119(8) of the Ministry of Health and Family Planing which is well ahead of the statutory period of one year and that no question of abatement of the LA proceeding arises. It has been further stated that the land in quest......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. ..Category: Property Law | Date: | Hits: 57
Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)
....ent as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the People's Republic of Bangladesh, Rules were issued almost in identical terms calling upon the respondents to show cause as to why the impugned judgment and order......Petitions). Writ Petition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution ......ition Nos. 746-751 of 2006. Judgment Quamrul Islam Siddiqui J.- These Rules were head together and are being disposed of by this common judgment as they do involve common question of law and of facts. 2. In these six applications under Article 102 of the Constitution of the People's Republi..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.......tainable even only on the basis of such testimony of one witness. But in the present case, PW 59 was imported by the last Investigating Officer long after I year 8 months, who is found to be a man of questionable character from his own inconsistent and improbable testimony. So, his evidence should b......e of giving testimony, and she said that Kajal Jalali's sister Hosna Jalali was their neighbour at the village Rupashdi. She said that victim Shujan used to reside in Japan. She further said that the facts relating to the occurrence were heard from Deen Mohammad and she could not say about the conte..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. ......f the Code of Civil Procedure (hereinafter referred to as the 'Code'). In this regard, the defendant No. 1, petitioner submits that the lower appellate Court lost sight of the fact that the Kabala in question is registered as proven by evidence adduced in the form of statements given by competent an......he 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 below, the essential starting point must be the fact of..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. ......hin the meaning of section 46 of the Act as Bonlac, being a sister concern of Unilac Australia Ltd and having the same company secretary, knew since 1991 that Sanowara has been using the trademark in question, it is pointed out that the trademark application of Sanowara dated 11th August, 1991 was d......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.......of 2000 filed by the complainant opposite party No. 1 before the Magistrate, 1st Class, Madaripur and also considered the argument advanced by the learned Assistant Attorney-General. 9. The moot question to be decided whether the statement made in the petition of complaint has disclosed any ele......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. ......as such, section 76 of the Evidence Act cannot be resorted to demanding certified copies of such statement. He further submits that scope of such right, if any, of the accused to get the copies, is a question to be dealt with, not under the provision of the Evidence Act but under the Code. Lastly, h......ified copy of statement of co-accused under section 164 CrPC this Rule was obtained by the accused-petitioner upon an application under sections 439/435 of the Code of Criminal Procedure. 2. Short facts leading to the Rule are, that an inspector of police lodged a first information report against..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.......he Trading account and the determination of the gross profit @ 40% thereon without specifically finding any defect in the books of account. In this reference application in paragraph No. 7 the filing question has been formulated for our opinion: “(a) Whether the Taxes Appellate Tribunal, Chitta......es (Appeal) maintained the order of the DCT on the ground of past record as well. On a reading of the impugned order it also appears that the Taxes Appellate Tribunal did not apply their minds to the facts and circumstances of the case and mechanically confirmed the order of the Commissioner of Taxe..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. ......t company, Lever Brothers Bangladesh Limited, cannot rely upon the principle as laid down in the said case which has distinguishing feature, apparent on the facts of the case. 6. The pertinent question as has been raised in this proceeding is, that whether the accused petitioner is involved i......r being admittedly agent under the informant company, Lever Brothers Bangladesh Limited, cannot rely upon the principle as laid down in the said case which has distinguishing feature, apparent on the facts of the case. 6. The pertinent question as has been raised in this proceeding is, that w..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. ......he Code of Criminal Procedure failed to avail the provision of appeal available under the provision of section 476B. We are in humble agreement with their Lordships on the point as decided. Under the facts and circumstances of the case we do not find any merit in this Rule which is liable to be disc..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. ......tagong and other areas and over snatching of money from them by the BDR when they gave out to report the matter to the higher authorities the case was started falsely to implicate them. 5. The question in the case was, whether group of 13 persons including the women and children was moved t...... 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. ......te the submissions advanced by the learned Counsels, we have gone through the writ petition, and other materials on record and given our anxious consideration to their submissions. 7. Now, the question calls for consideration is, whether the impugned order was passed by the respondent No. 3 i......out to the petitioner should not be deemed as punishment under the garb of termination and why such humiliation and mental torture be not treated as degrading treatment in the eye of law. 2. Short facts leading to this Rule are, that the petitioner joined in Bangladesh Police Service in 1973 as a..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. ...... the assessee has been duly audited by a Chartered Accountant in compliance with the provisions of section 35 of the Ordinance 1984 and duly certified the accounts are true and correct. The following questions have been formulated in this reference for our answer: "(i) Whether the accounts du......der dated 6-12-1999 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 assesse..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. ......tted rape. Thus we find a contradictory statement from the victim. It is not the prosecution case that during second time the relation between the accused and the victim was deteriorated and thus the question of abduction does not arise. Hence it appears to us that it is a concocted case. 40. Mor......nstigation of Sador Ali, the uncle (Fufa) of the victim, with whom the accused person had dispute over some landed property. 10.Thereafter in consideration of the evidence on record as well as the facts and circumstances of the case, the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal found ..Category: Criminal Law | Date: | Hits: 38
....ubstance in the submission of the learned Counsel for the appellant.
Accordingly, the appeals are dismissed.
Ed.
This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......mit any error in assessing the compensation.
8. Leave was granted to consider the submissions of the learned Counsel that "The Deputy Commissioner having calculated the market value of the land in question in accordance with the provision of Section 8 of Acquisition and Requisition of Immovab...... a Division Bench of the High Court Division in Writ Petition Nos. 2111, 2149, 2165, 2183, 2249, 2250, 2251, 2252, 2254, 2255, 2256, 2258, 2259, 2260 and 2261 of 1993 discharging the Rules.
2. The facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police..
Category: Property Law | Date: | Hits: 37
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. ......r in respect of which any proceeding is pending in a court of law. (4) The decision of the Council under sub‑section (1) or sub‑section (2), as the case may be, shall be final and shall not be questioned in any Court of law. 4. In view of the clear provisions in the Press Council Act 1974 ......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.......and that the defendant No. 1 never ever raised any objection at any point of time to any order as passed by the trial Court and/or the award as given by the arbitrator. After 11 years, such technical question cannot be allowed to come in the way of justice. 9. In reply, Mrs. Sufia submitted that ......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...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. ......fuza Begum, 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 cas......d—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 Assistant Commissioner of Taxes was justified to res..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......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......ent and order dated 22nd November, 2009 passed by a Division Bench of the High Court Division in Criminal Revision No.368 of 2009 discharging the rule. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Statio..Category: Criminal Law | Date: | Hits: 24
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......blic of Bangladesh is directed against the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case No.1576 of 2008 discharging the Rule. 2. The facts involved in the case, in short, are that the accused, Jamal Uddin for his business purpose on ..Category: Criminal Law | Date: | Hits: 39
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