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

....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. ......after the High Court Division heard the application for injunction but ultimately, discharged the Rule on 14-12-95 with observation that even if the plaintiffs-appellants would make out a prima facie case in their favour but the balance of convenience and inconvenience was in favour of the defendant..

Category: Civil Law | Date: | Hits: 77

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

.... 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. ......upon the defendant-opposite party Nos. 1 and 2 and also for mandatory and permanent injunction against the defendant-opposite parties Nos. 1 and 2 Malika Hasina Jahan (Lili), and RAJUK. 3. The case of the plaintiffs, in short, is that one Nurul Huda Khandaker obtained lease of 15 kathas 8 chh..

Category: Property Law | Date: | Hits: 34

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

....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. ......y Attorney-General appearing for the State, did not dispute the legal point agitated by the learned Advocate, Mr. Habibul Islam Bhuiyan, but he submits that a direction may be given to dispose of the case expeditiously. 4. Mr. Mir Mahfuzur Rahman, learned Advocate appearing for the complainant, s..

Category: Criminal Law | Date: | Hits: 33

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

....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.......ain disallowances. 2. In the circumstances, the following ques­tions of law were referred to this Division for deter­mination: (i) Whether, in the facts and on the circumstance of the case, when the applicant filed return and complied with the requirement of section 35(3), the learne..

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

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

....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.......gricultural Extension is empowered to prohibit or restrict the importation of any plant and plant products which, in his opinion, may be a source of infection or infestation to plants and may, in the case of an emergency, waive, alter or modify any condition relating to such importation and, as such..

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

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

....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. ......ues were dishonoured and thereafter, the matter was brought to the notice of the accused petitioner but the accused petitioner did not make any arrange­ment to encash the cheques and thereafter, the case was filed. Officer-in-charge submitted report to the effect that at inquiry neither the complai..

Category: Criminal Law | Date: | Hits: 27

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

....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.......e Bank Companies Act, 1991 where a defaulter borrower (খেলাপী ঋন গ্রহীতা) is defined and submits that the definition given in the Statute is not attracted in the instant case since the petitioner has only 2.5% share of the total share holding of the company, and the com..

Category: Banking Law | Date: | Hits: 125

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

....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. ......emporary licence is to be cancelled before appoint­ment of a permanent Nikah Registrar. 11. In Abdur Rahman Ansari vs. Government of Bangladesh (Writ Petition No. 1803 of 2000) an unreported case, a Division Bench of this Court comprising Mr. Justice Shah Abu Nayeem Mominur Rahman and Mr. J..

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)

....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. ......Uttam Deba­nath with the help of other accused persons abducted Nazma Akhter and kept her confined in different places and committed rape on her against her will. On the basis of the said ejahar the case was started and the police took up investigation of the case and during investigation the polic..

Category: Criminal Law | Date: | Hits: 41

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

....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.......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. 305/99 arising out of GR case No. 1951 /96 and Kotwali PS case No. 4(10)96 under section 19(1)3 ka, Narcotics Control Act 199..

Category: Criminal Law | Date: | Hits: 30

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

....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.......t, 1908 corresponding to GR No. 767/99(A), convicting the appellants under section 3 of the Explosive Substances Act, 1908 and sentencing them to suffer transportation for life. 2. The prosecution case relevant for disposal of this Appeal is that one Rafiza Bibi lodged Sylhet Kotwali Police Stati..

Category: Criminal Law | Date: | Hits: 30

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

.... 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. ...... in violation of Rules 23 and 24 of the Revised Trade Marks Rules, 1963 ("the Rules"). Also, it has been contended that the proviso in section 10(2) of the Act will not be appli­cable in the instant case, because the subsequent registration and use of the trademark by opposite party No. 1 has been ..

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

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

....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. ......as the final Court of finding of facts affirms or reverse the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 11..

Category: Property Law | Date: | Hits: 40

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

....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. ...... and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for 1 (one) year more. 2. The prosecution case, as it appears from the deposition of the informant Abdul Motaleb Fakir, PW 1, in short, is tha..

Category: Criminal Law | Date: | Hits: 33

Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......gladesh vs. Shafiuddin 50 DLR (AD) 27; SP Sampath Kumar vs. Union of India AIR 1987 SC 386; JB Chopra vs. Union of India AIR 1987 SC 357; SP Sampalh Kumar vs. Union of India has been overruled by the case of Chandra Kumar vs. Union of India AIR 1997 SC 1125. Lawyers involved: Amirul Is..

Category: Employment/Service Law | Date: | Hits: 107

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... contained in Annexure-C is declared illegal and 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) 407. ......how cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No. 178 of 1999 arising out of Motijheel PS case No. 103 dated 17-10-1996 under sections 420/109 of the Penal Code read with section 5(2) of the..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......ets and the source of income along with liabilities in his own name or any other name or names or in the benami of all his dependents, and if the petitioner failed to submit such return then, in that case, necessary legal action will be taken against him under section 4(2) of the Act XXVI of 1957. ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)

....t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......using death they spread news that victim has committed suicide. Informant then filed a complaint petition which was sent to the Ullahpara Police Station and on treating the same as FIR initiated this case and after investigation submitted charge sheet against the convict and his relations including ..

Category: Criminal Law | Date: | Hits: 30

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......dge, First Court, Barisal in Title Appeal No.22 of 1985 reversing those dated 08.12.1984 passed by the Munsif (now Assistant Judge), Gournadi in Title Suit No.391 of 1984. 2. The facts involved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Su..

Category: Property Law | Date: | Hits: 28

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

.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ...... 302 of the Penal Code and sentencing him to suffer RI for life along with fine of Taka 5000 in default to suffer RI for further 5(five) months in Sessions Case No. 272 of 2003. 2. Prosecution case, in brief, is that in the night following 4-8-2003 at about 2-30 hours victim Sharifa Khatun al..

Category: Criminal Law | Date: | Hits: 29