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Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ide for public safety, maintenance of public order and preservation of peace and tranquility in the State. It was not disputed before us that the preamble of the original Ordinance would govern the amending Ordinance also, and the object of promulgating the subsequent Ordinance was the same as the...... speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of t..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......Ltd. was clearly mentioned as the 'Owner’ of the trade mark 'Diploma' and the appellant was clearly mentioned as the 'User' of the said mark. Therefore, it is crystal clear that in the eye of law the appellant Unilac Sanowara (Bangladesh) Limited was not the owner of the trade mark 'Diplom..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......under the Public Safety Act and the police was trying to secure their arrest. Thereafter, the writ petitioner-appellants somehow procured the contents of the first information report through a lawyer, subject matter of first information report in Bhaluka Police Station Case No.1 dated 3-6-2..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....erein. 8. It was further added that the rules framed in the decision of the Inter-Ministerial Meeting dated 26-10-2000 to reduce the manpower has got no legal basis and those being issued without amending the service rules are contrary to service regulation and the rules and, as such, the action...... requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petitioners was terminated in a lump in four off..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......the entire proceedings in Special Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ......1988 before the High Court Division, Bench at Sylhet, which on transfer to Dhaka was renumbered as Civil Revision No. 10067 of 1991. Mr. Jitendra Narayan Deb, Advocate (since deceased) was the sole lawyer for the plaintiffs before the High Court Division. On 17-08-2000 the above Civil Revision No..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single judgment. 2. This appeal by leave by the defendant..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......the clean title of the plaintiff and hence was the suit. 4. The defendant Nos. 14 and 16 contested that suit filing joint written statement contending, inter alia, that the suit is barred by law and not property valued and stamped as there is prayer for both declaration of title and partit..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......o. 42 of 2001 of the Special Tribunal No. 1 of Laxmipur). The appeal is as regard the order which runs as:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the..Category: Criminal Law | Date: | Hits: 38
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......ccepting the bail bonds and the accused have been released from the jail custody on 05.11.2007. 6. The learned Counsel appearing for the petitioner submitted that in view of the provision of law, the accused are required to be re-arrested if they have already been released from custody. ..Category: Others | Date: | Hits: 84
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......, inter alia, that no arms and ammunitions were recovered from his possession and out of political enmity he has been falsely implicated in the case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not gui..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......ions 409/467/471 and 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentenced him to suffer 2 (two) years rigorous imprisonment with fine as stated above which is not tenable in law and liable to be set aside. 10. It appears that the High Court Division after assessmen..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......y from them. Over the same matter relation between them became strained and inspite of a salish the money was not recovered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the h..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......thers were made parties. The Magistrate thereupon appointed the officer-in-charge of Motijheel Police Station as the Receiver of the said property by an order dated 20.11.1997 to maintain the law and order situation. Monowara Islam and her tenants filed several applications for staying..Category: Criminal Law | Date: | Hits: 32
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ...... The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concur..Category: Property Law | Date: | Hits: 21
Anti-Corruption Commissioner Vs. Fazlur Rahman and others, 2008, 37 CLC (AD)
.... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ......5 ZvwiL 8/7/2007 is stayed till disposal of the aforesaid writ petition but the prayer for stay as regard the Annexure-A-1 to A-4 is rejected since the learned counsel could not refer to any law authorising the authority to issue the said annexures. 5. The parties to the writ petiti..Category: Others | Date: | Hits: 75
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......ed under section 14(A) of the (Emergency) Requisition of Property Act, 1948 for which Civil Court has no jurisdiction to entertain the suit but the High Court Division on mistaken view of the law summarily rejected the revisional application occasioning failure of justice and as such the im..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ...... and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This C..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......No. 1246 from the schedule of that pending partition suit by a petition, consequently the plaintiff-petitioners got the filing of partition suit in this respect on 26.03.1976 through his concerned lawyer and found that defendant No. 1 by a petition without supply of any copy to the plaintif..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ......said Execution Case within 1(one) month from the date of receipt of the order mainly on the ground that the petitioners were third party to the said Execution Case and as such they had no right in law to stay the execution case. 4. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the..Category: Property Law | Date: | Hits: 23