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Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ete i.e. thereby stopping transfer is not in conformity with the law as well as the judgment itself and the order of deletion is without jurisdiction; that trial before a speedy tribunal is under the identical Code of Criminal Procedure as in a Court of Sessions trying Sessions cases by application ......itted by the accused, are that the Sessions cases ripe for hearing upon framing of the charge and are usually fixed for hearing in the respective Sessions jurisdiction but issuing the notification in question transferring the cases to the Druto Bichar Tribunal to Chittagong for trial resorting to pr......ce Station Case No.11 dated 12-8-2001 corresponding to GR No. 1003 of 2001 to the Druto Bichar Tribunal, Chittagong from the Court of Additional Sessions Judge, 1st Court, Noakhali. 4. The facts leading to the case, as stated by the writ-petition, are that on 12-8-2001 one Didarul Islam, ..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. ...... in the trade mark ordered the same to be advertised in the journal and accordingly, the trade mark was so advertised. As there was none who had any right, title and interest over the trade mark in question, there was no opposition to the advertisement of the aforesaid application and t...... 2002 filed under section 46 of the Trade Marks Act, 1940 for rectification of the Registrar of Trade Marks by removing the appellant's trade mark registration No. 33243 in Class-29, 2. The facts, in short, are that the respondent No.1 filed the Trade Mark Application No. 9 of 2002 before..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. ......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. ......nstant Rules are, gives his judgment and order as regard the case referred to him and thereupon the matter is to be disposed of in the light of the majority judgment. 11. In view of the facts and circumstances of the case and the discussions made above, we find substance in the submi..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......0 of 2002) making the Rule obtained in Writ Petition No.1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002. 3. The appeals involved common facts and question of law and having been heard together are being disposed of under this judgment. 4. The......on No. 5630 of 2002) making the Rule obtained in Writ Petition No.1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002. 3. The appeals involved common facts and question of law and having been heard together are being disposed of under this judgment. ..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. ......r offences under sections 165 and 166 is not dependent on the proceedings under section 93 or 128 of the Ordinance …………(13) Sanction under section 170 of the Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court......as reason to believe that the assessee has for any assessment year concealed the particulars of his income or furnished inaccurate particulars thereof or omitted or failed to disclose all material facts necessary for the assessment for such year. 9. Assessment in case of income escaping..Category: Fiscal/Taxation Law | Date: | Hits: 97
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. ......evision No. 2444 of 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 le......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. ..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. ......e High Court Division in Civil Revision No. 2136 of 1997). Judgment Amirul Kabir Chowdhury J. - This appeal on leave arises at the instance of the defendant Nos. 14 and 16 calling in question the judgment and order dated 12-01-2002 passed by a Single Bench of the High Court Divisio...... defendant No. 16, the plaintiff is continuing with so many vexatious proceedings in the Court. That the motivated aforesaid Title Suit No. 135 of 1983 was dismissed; that in view of the above facts, circumstances and law, the suit is liable to be dismissed. 5. As already mentioned th..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. ......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. ...... Court by fling Criminal Petition for Leave to Appeal and the leave was granted to consider the following grounds: “Because the High Court Division have on misconception of law, facts and circumstances passed the judgment and order dated 06.03.2005 in Criminal Miscellaneous C..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......ed the following order: “Mr. Mohammad Zafar Ali Khan, the learned Advocate appearing for the applicants, submits that the predecessor of the applicants purchased the property in question and Siddiya Khatun and Anwara Begum did not acquire any right title and interest in any p......ition.” 5. The question of addition of party as a matter to be considered liberally. In view of the finding of the impugned judgment and order of the High Court Division and in the facts and circumstances of the case, we are of the view that the addition of party is to be consid..Category: Property Law | Date: | Hits: 24
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. ......evidence on record in the context of present condition of the society inasmuch as the evidence of official witnesses as referred to above found to have proved the recovery of the arms in question from control and possession of the accused respondent in the context of admitted fact that......they deposed as such in view of the fact that they were never suggested that the accused-respondent had any enmity with them (police personnel) or that they deposed out of interest. In view of such facts and circumstances of the case, the findings of the High Court Division in the matter upon pl..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. ...... 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. ......ition for leave to appeal is directed against the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No. 1003 of 2004 dismissing the appeal. 2. The facts, in short, are that the Assistant Sub Inspector of D.A.B Jessore, lodged an F.I.R. With Kesha..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. ......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. ...... the dead body of the deceased was found in nearby Jungle. 14. These witnesses did not say anything regarding involvement of respondent Selim Bepari @ Anwar Hossain Selim. 15. Therefore, in the facts and circumstances of the case and the materials on record, we are of the view that the prose..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. ......ried building, Purana Paltan, Abdul Alim, the Constituted Attorney of the petitioners finding no other way filed an application to the Minister for Home Affairs for returning the land in question, who after holding an enquiry found the fact to be true and ordered to hand over possessio......dvocate for the petitioners could not argue the case at the time of hearing of the rule and the Advocate for respondent No. 4 argued ex parte and the rule was made absolute on misrepresentation of facts of the case and obtained the following direction. "In the result, the Rule is..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......er appellate court and as such committed error. 12. We have considered the submissions and perused the materials on record. 13. The High Court Division after considering the facts and circumstances and evidence on record observed: "It appears that the ..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......1.1971 the defendant No.1 refunded the consideration money to the said Nur Mohammad Khan in front of his grocery shop in presence of defendant No.2 and took over possession of the land in question. The defendant No.1 requested Nur Mohammad Khan to execute a deed for re-conveyance in hi......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......he said order of status-quo and moreover, there is no sufficient explanation for the delay in filing the revision application so as to condone the delay. The High Court Division, in the above facts and circumstances, did not exercise its discretion for condoning the delay. 4. As it a..Category: Property Law | Date: | Hits: 28
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ......filed appeal and the same was dismissed. Thereupon the Respondent filed the case before the Administrative Tribunal. The Administrative Tribunal on consideration of the materials on record and the facts and circumstances of the case arrived at the finding that the punishment that was awarde..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ......ion for leave to appeal is directed against the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.52 of 2001 allowing the same. 2. Short facts are that the petitioner, Md. Aftabuddin Fakir, a retired U.D. Assistant of the P.W.D. instit..Category: Administrative Law | Date: | Hits: 115
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. ......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. ...... of rights in their names. 7. The High Court Division under the circumstances rightly held that The findings regarding the title and possession by both the Courts below are concurrent finding of facts and there is no perverse finding and the finding based on evidences on record and there is no ..Category: Property Law | Date: | Hits: 21
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. ......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. ......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. ..Category: Property Law | Date: | Hits: 31