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Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

.... Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......is 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) 492....... Criminal Appeal No. 3194 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Tuta Pramanik has been preferred against the judgment and order of conviction and sentence dated 9-8­2004 passed by the Special Tribunal Judge No. 3, Bogra i......is 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) 492...

Category: Criminal Law | Date: | Hits: 42

Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)

.... Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......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. ......1999. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Md. Anisur Rahman Gazi alias Anisur alias Chhottu has been preferred against the judgment and order of conviction and sentence dated 26-5-1999 passed by the Special Tribunal No. 1, Satkhira in......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. ..

Category: Criminal Law | Date: | Hits: 34

HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. National Board of Revenue and others…………………Respondents Judgment July 25, 2007. Case Referred To- Zaminur Rahman vs Bangladesh, 31 DLR (AD) 171 . Lawyers involved: Mahmudul Islam with MA Hannan, Advocates—For the ......tual export of the finished goods as drawback expeditiously, pre­ferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483....... and VAT, Feni Division at Feni for adjustment of the amount of IDSC paid at the time of import of said raw material of Hot Rolled Steel in the current account as drawback. 5. By the impugned order dated 19-9-06, the respondent No. 3 rejected the prayer mainly on the basis of a circular date......tual export of the finished goods as drawback expeditiously, pre­ferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...

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)

....ush-Shan J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sek...... whether the petitioner is a fake person or not under the writ jurisdiction. There is no substance in the instant Rule. 17. The Rule is, therefore, discharged without any order as to costs. The ad-interim order granted earlier by this Court is hereby vacated. The Authority may take appropr......id Appeal was eventually transferred and came up for hearing before the learned Sub­ordinate Judge, Additional Court, Dhaka and after hearing both the parties the appellate Court by its judgment and order dated 27-1-1992. allowed the appeal, thereby decreed the suit and passed an order restraining ...... 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...

Category: Property Law | Date: | Hits: 34

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....oners Vs. A Mahiuddin and others.............................................Opposite Parties Judgment February 11, 2007. Cases Referred To- Government of People's Republic of Bangladesh and others vs. Khashru Miah, 58 DLR (AD) 46; Khodeja Begum and another vs. Sagarmal Agarwal @ ......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. ......whether the learned Additional District Judge, Sylhet committed any error of law in passing the impugned judgment and decree dated 15-4-2002 and which has occasioned any failure of justice. 16. In order to arrive at a correct decision on the contention of the learned Advocate of the contend­ing ......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. ..

Category: Property Law | Date: | Hits: 28

Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)

.... stranger purchaser in the case holding. 3. Opposite party No. 1 as pre-emptee contested the case by filing a written objection go intending, inter alia, that the case is barred by limitation and bad for defect of parties. It has further been alleged that two brothers Abdul Gafur Munshi and Abdul......‘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. ......pears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule at the instance of the pre‑emptor petitioner is directed against the impugned judgment and order dated 30‑7‑1995 passed by the learned Subordinate Judge, 2nd Court Mymensingh in Miscellan......‘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. ..

Category: Property Law | Date: | Hits: 37

Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)

....nted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......on clause in the agreement. 5. The plaintiffs-opposite parties then preferred FA No. 300 of 1995 in the High Court Division and also filed an application for injunction and obtained an order of ad-interim injunction dated 13-9-95 and thereafter the High Court Division heard the application for in......l Revision No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 c......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. ..

Category: Civil Law | Date: | Hits: 77

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

.... 4. It is further stated that subsequently on an amicable partition, the front portion of the said plot fell in the saham of the defendant-opposite party No. 1, Malika Hasina Jahan (Lili), and she had been possessing the same; that subsequently Hasina Begum again gifted the said property in favour...... 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. ...... Civil Revision No. 937 of 2006. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and order dated 29-3-2006 passed by the learned Additional District Judge, Court No. 7, Dhaka in Civil R...... 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. ..

Category: Property Law | Date: | Hits: 34

Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)

....rned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ......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. ......learned Magistrate for treating the case as Nari-o-Shishu Nirjatan Daman Case and prayed for inclusion of the accused petitioners with Abdul Jabbar as accuseds to the said case. Learned Magistrate by order dated 20-2-2002 passed an order for filing the case in proper forum. Against which Criminal Re......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. ..

Category: Criminal Law | Date: | Hits: 33

Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... when receipts are verifiable with the bank statement, gross profit deduced on the basis of books of accounts maintained, the learned Taxes Appellate Tribunal is judicious in holding the opinion that addition of Taka 35,90,383 for raising rate of gross profit at a rate as of last year is justified? ......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......., in brief, the Ordinance, the total income of the appli­cant at Taka 63,29,101 and determined the income tax of Taka 29,31,640 and simple interest of Taka 3,79,746 payable thereon. Against the said order of assessment, the applicant preferred an appeal before the Commissioner of Customs (Appeals),......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...

Category: Fiscal/Taxation Law | Date: | Hits: 99

Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)

....es 3 and 5 of the Destructive Insects and Pests Rules, 1966 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citizen of Bangladesh and carrying on business as importer and distributor of foodgrains and crops including table p......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....... as to why the respondents shall not be directed to issue import permit to the petitioner as required under Rules 3 and 5 of the Destructive Insects and Pests Rules, 1966 and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a citiz......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...

Category: Business or Commercial Law | Date: | Hits: 219

Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)

....at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......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. ......at inquiry neither the complainant nor the witnesses came to make any statements, as such, the case may be filed. Against which naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate ......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. ..

Category: Criminal Law | Date: | Hits: 27

Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

.... This Case is also Reported in: 59 DLR (2007) 451.......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.......wer 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 this Court may seem fit and proper. 2. It is stated that the petitioner, a ......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...

Category: Banking Law | Date: | Hits: 125

Masudur Rahman Vs. Secretary, Ministry of Law, Justice & parliamentary Affairs & ors., 2003, 32 CLC (HCD)

.... Ali, Advocate—For Respondent No. 4. Writ Petition No. 908 of 2003. Judgment Tariq-ul-Hakim J.- Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2......h Registrar for the said Ward vide impugned order Memo No. 20 dated 8-1-2003 (Annexure-G). 3. Being aggrieved thereby the petitioner has come to this Court and obtained the instant Rule and ad-interim order staying the aforesaid impugned orders. 4. Respondent No. 4 is contesting this R...... Judgment Tariq-ul-Hakim J.- Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-......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. ..

Category: Civil Law | Date: | Hits: 77

Jatio Mahila Ainjibi Samity Vs. Government of the People's Republic of Bangladesh and others, 2006, 35 CLC (HCD)

.... Present: Nazmun Ara Sultana J Md. Abdul Hafiz J Jatio Mahila Ainjibi Samity………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………………..Opposite-Parties Judgment May 23, 2006. Lawyers involve......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once. Ed. This Case is also Reported in: 59 DLR (2007) 447. ......ng investigation the police recovered the alleged victim Nazma Akhter and produced her before the Magistrate and the learned Magistrate sent the alleged victim Nazma Akhter to the safe custody by the order dated 15-7-2000 and since then this victim was in safe custody within Jhalakati District Jail ......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once. Ed. This Case is also Reported in: 59 DLR (2007) 447. ..

Category: Criminal Law | Date: | Hits: 41

Md. Ali Vs. State, 2007, 36 CLC (HCD)

.............................. Petitioner Vs. State............................... Respondent Judgment February 19, 2007. Cases Referred To- Nazrul Islam Chowdhury vs. State 1999 BLD (ad) 18; Asimon Begum vs. State 1999 BLD (AD) 119 = 51 DLR (AD) 18; 51 DLR 83; Ashraf Miah vs. Bangla......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......resented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropolitan Sessions Judge, Chittagong as appel­late Court dismissing appeal No. 211 of 2004 up- holding Judgment, order of conviction dated 3-11­02 by Metro Assistant Sessions Judge Chittagong in Sessions Case No.......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441...

Category: Criminal Law | Date: | Hits: 30

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....man, Lutfur Rahman, Abdus Salam, Belal Ahmed also threw petrol bombs within the precinct of the residence but failing to set fire to the house in this manner, the accused Tula Miah, Nazrul Islam, Moktadir and others sprayed petrol on the household articles and set fire through igniting match stick. ......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.......re 40/50 in number, stormed into the house of the informant. During the ransacking of the house the accused No. 1 Jamir Ali threw cocktail in her room while other accused persons threw petrol bomb in order to set fire to the house. Accused Jillur Rahman, Lutfur Rahman, Abdus Salam, Belal Ahmed also ......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...

Category: Criminal Law | Date: | Hits: 30

New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)

....Parties Judgment July 3, 2005. Cases Referred To- Societe de Fabrication et de Distribution de Parfumerie et Cosmetique (DIPARCO) Societe Anonyme vs. Deputy Registrar of Trade Marks, Government of Pakistan, PLD 1979 Karachi 83; Messrs Kanshiram Surinderkumar a Firm vs. Me...... 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. ......ling upon the respondent-opposite parties to show cause as to why the Register of Trade Marks should not be rectified by removal of the trademark No. 62724 in class-29 from the Register. By the same order the operation of registered trade mark No. 62724 in class-29 was stayed. Subsequently upon an ...... 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. ..

Category: Intellectual Property Law | Date: | Hits: 187

Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)

....intiff, by a Deed No. 8235 dated 3-12-88 and registered in Monohardi Sub-Registry Office, but in that deed the caste of the vendor and District were wrongly written. The caste was written Muslim instead of Hindu and the District was written Mohongonj instead of Munshigonj. The suit property pertaini......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. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Mojibur Rahman and others……………………………Opposite Parties Judgment June 19, 2006. Result: The Rule is discharged without any order as to the costs. The concurrent findings of fact should not be disturbed unless it is mani......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. ..

Category: Property Law | Date: | Hits: 40

Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)

....urt records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......eal No. 1926 of 2002. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Monir Hossain alias Monir has been preferred against the judgment and order of conviction and sentence dated 1-6­2002 passed by the Judge, Nari-o-Shishu Nirjatan Daman A......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..

Category: Criminal Law | Date: | Hits: 33