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Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
.... 9. P.W.1 Ranjit Kumar Das stated that he saw the petitioner to beat the victim with a stick and also to kick her. In cross-examination he stated that he is a neighbour to the petitioner having no good relation with him. P.W.2 Shahin Khan also claimed himself as an eyewitness to the occurrence an......) lodged an ejahar with Moulvibazar Police Station on 22.4.1998 against the petitioner and two others bringing allegation of torturing his aunty Shipra Rani Das for dowry on 19.4.1998. 3. Police recorded the case as Moulvibazar Police Station Case No.16 dated 22.4.1998 and after investigation s......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....iff was not entitled to get any relief; that the plaintiff is guilty of concealment of material facts and as such the contract of insurance became void ab initio being in breach of the plea of utmost good faith; that the claim of the plaintiff is contrary to the terms, conditions and warranties of b......ndant Nos.3 and 4, the Janata Bank also examined one witness. 9. The learned Subordinate Judge, 1st Court, Khulna, on consideration of evidence-both oral and documentary and other materials on record, decreed the suit as has already been mentioned earlier. In appeal before the High Court Divi......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....Mouza with defendant No.3 on 7-3-1987. On the same date, defendant No.3 also executed a khosh kabala deed for return of the exchange land with defendant No.2 Taheruddin, brother of defendant No.2 had good relationship with defendant No.3, and defendant No.2 relied defendant No.3 with all worldly aff......5 is set-aside. Judgment and decree passed in Other Class Suit No.110 of 1993 dated 31-7-1995 by the learned Assistant Judge, 4th Court, Sadar, Naogaon is restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (......of Bangladesh, represented by the Secretary Ministry of Works, Bangladesh Secretariat Vs. Chand Mia, 44 DLR (AD) 98, wherein it is held that "The appellate Court having finding that there was no service of summons in the suit, it was no function of the High Court Division to sit in appeal over ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......h
allowance is a legitimate payment.
16. Since the user-fees is utilized for maintenance of very
sophisticated machine in government hospitals, if the same is not available,
providing of such services would be seriously hampered and the patients would
in effect suffer gravely by having to g..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......Court. This power has been given to the appellate Court with a view to minimize the harassment of the parties to the litigation and also to reduce the docket. It cannot be said that the evidence on record are not sufficient to determine the suit finally in the absence of expert's opinion. If it re......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....e respondents to oppose the appeal. 4. Mr. Bayezid, the learned Advocate appearing on behalf of the appellant bank submits that admittedly the respondent as importer opened L/C to import certain goods to the tune of Taka 2, 00,000. After arrival of the goods the defendant failed to take deliver......ce with the claim of the plaintiff bank which is liable to be set aside. 5. We have heard the learned Advocate for the appellant perused the Memorandum of appeal impugned judgment and decree, LC record, provision of law and decision as referred to. 6. Admittedly the plaintiffs appellant in......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....(1) of the RPO found that the appellant is a bank loan defaulter although an Explanation cannot control the section. In support of this contention, Mr. Rokonuddin Mahmud, the learned Advocate cited a good number of cases. At the very outset Mr. Rokonuddin Mahmud has referred to the Interpretation St...... issued by the Election Commission. The Inquiry Committee found that a loan was given by the Uttara Bank, Narayanganj Branch to the company, namely, M/S. Nordisk Agency Ltd. One “Abul Kashem” was recorded as the guarantor of the said loan, but his particulars were not traceable. So in the first ...... of universal application as Explanation sometime is used for other purposes i.e. to extend the scope of the provision to which it is appended or it may provide a fictional situation by pressing into service deeming technique.
48. The cumulative effect of the cases referred to above is that an ‘E..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....oid evasion of payment of VAT, the 'indirect subtraction method' is the most used one. Under this method, at every stage of transaction 15% vat is added and paid by the purchaser of goods or recipient of services. When the purchaser again sells the said goods or service either as w......s been made by the petitioner in paragraph 12 of the writ petition, but the BTRC did not deny the same, rather in paragraph-7 of the Affidavit-in-Opposition merely mentioned that they were matters of record. Therefore, although the said letter dated 30-9-2008 is not annexed to the writ petition, we ......ame credited or adjusted from the final VAT paid by the consumer. So, the ultimate burden is on the consumer..........(37)
Section 3(3) (গ)
VAT is collected and deposited by the seller or service provider or facility provider upon collecting the same from the purchaser or service recipie..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....pplication for registration of the Trade mark being No.31112 in Class No.32 in respect of mango drink bearing the Trade mark "FROOTI" in Class 32 had no intention to use the mark in relation to the goods included in the application, yet the said mark was registered.
4. It has been further asser......ion 71 of the Trade mark Act 2009 wherein the meaning of the user of Trade mark has been provided.
Deliberation:
21. We have heard the learned Advocates of the parties, perused the materials on record and also considered the argument advanced at the bar.
22. Admittedly the respondent No.1 i......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......ministrative Tribunal Act and as such the impugned decision should be set aside. 7. We have considered the submissions of the learned Advocate, perused the impugned decision and the materials on record. It is important to note that the Administrative Tribunal did not frame any issue of whether ......f three years on Agriculture. Subsequently, he was informed that selection grade would be given to him. On the application of the petitioner, he was given retirement on completion of 25 years of service and he was allowed to go on LPR (Leave Preparatory to Retirement) from 01.02.2003 to 31.01.2..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....egum on her own behalf as also on behalf of her minor children she put her signature without obtaining any certificate under the Guardian and Words Act. These two broad facts in our opinion, are good enough to brush aside the judgment and decree obtained in Title Suit No. 168 of 1991 through an......ional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on January 2, 2012. 3. For th......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Abdur Razzak Vs. State, 2012, 41 CLC (HCD)
....dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ......e language used in the Order particularly the expression "it is found that" is neither proper nor speaking. It is improper, in that at the time of framing charge the trial Court cannot record its finding about commission of an offence. What is required by section 242 or section 2......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134
Shah Md. Saiful Alam alias Liton and another Vs. State, 2012, 41 CLC (HCD)
....e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......to rape and violation of her modesty, and also apprehending kidnap of her husband Md. Kamruzzaman. On receipt of the said complaint, learned Judge of the Tribunal sent it to Mirpur Police Station for recording an ejahar and to investigate the case by Criminal Investigation Department (in brief CID) ......e Tribunal concerned is directed to proceed with the case in accordance with law. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 2 Feb, 2012 | Hits: 169
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....e commutation of his sentence. Therefore, I am unable to endorse the majority opinion that since the appellant Muzibur Rahman is in the condemned cell for more than 11 years and that his PCPR is good, his sentence should be commuted. The trial Court exercised its discretion in the facts of the ......sentence by Act XXVI of 1955 and observed that the normal rule was to award a sentence of death on a conviction for murder and to impose the lesser sentence of imprisonment for life for reasons to be recorded. After deletion of this provision, it is observed, it is left with the judicial ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
.... 11. In the case of Rohit Pulp and Paper Mills Ltd., the assessee has a factory in which different variety of paper and paper boards are being manufactured. "Paper and paper board' are goods falling under Item 17(1) of the Central Excise and Salt Act, 1944. Two notifications were issu......he trial Court for writing out a fresh judgment, for deciding the defendant's claim of possession and dispossession in respect of 2nd schedule land on the basis of the evidence available with the record. The learned Judge noticed that there are conflicting findings as regards the finding of poss......g of the words of wider import is doubtful; but where the object of the Legislature, in using wider words, is clear and free of ambiguity, the rule of cortstruction in question cannot be pressed into service". 15. 'Noscitur a sociis' is a Latin maxim which means that it is known by..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......n 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it was renumbered with its present number, possibly on transfer from Comilla Bench, though the reason of such renumbering is not recorded. However, in view of its long pendency for more than twenty-two years, we take it up for di......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......tor, ex-parte decree passed by the learned Joint District Judge, impugned judgment and order passed by the High Court Division, concise statements of both the parties and other materials available on record. The appellant's case is that the respondent having accepted the proposal of the appellan......nt completed the work and submitted the draft final plans and reports on 14-6-1988. The appellant also requested the respondent on several times for payment of their professional bill for consultancy services but the respondent did not pay any heed to the request. In order to remove the uncertainty ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......nd was prepared in the name of Nawabgonj College and RS khatian No.243 was prepared in the name of Jitendra Nath Saha in respect of 0.6368 acre of land and the rest of the land of CS Plot No. 509 was recorded in the name of other transferee Saiful Islam. That Jitendra Nath Saha was living in the the...... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
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