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Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....dul Gaffar Chowdhury and others………...Respondents (In Civil Petition No.2383 of 2009) Judgment December 14, 2009. Cases Referred To- Abdur Rashid Vs. the Government of the People's Republic of Bangladesh and others, 31 DLR, 233; Md. Ferdous Chowdhury Vs. Government Bangladesh, repre......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169...Category: Employment/Service Law | Date: | Hits: 47
....agreement the petitioner learnt that the lands were within Dhaka Cantonment and under the administrative control of the Ministry of Defence. It also came to learn that the President of the People's Republic of Bangladesh through the Military Estate Officer entered into an agreement, Annexure‑E, on......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
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Category: Property Law | Date: | Hits: 92
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... the parties and considering the facts and circumstances, found this appellant guilty of contempt of Court and sentenced him as aforesaid making observations to the effect that this appellant being a public servant acted deliberately with the intention to nullify Trade Mark Application No.1 of 2001,......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
Nasir Uddin Vs. State, represented by the Deputy Commissioner, Narayanganj, 2011, 40 CLC (AD)
....10. We do not find anything to interfere with this concurrent finding of the courts below. The learned Counsel's contention that where the seized arms and ammunitions were admittedly recovered from a public place and not from the house of the accused-petitioner and not from his possession it cannot ......e High Court Division suffers from no illegality or impropriety and, as such, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..Category: Criminal Law | Date: | Hits: 64
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....ased and Hasanuzzaman and because of that enmity said Hasanuzzaman made conspiracy and had killed Majedur Rahman by the accused-persons. When Ashraf was apprehended then he made confession before the public and the Magistrate as well. He was not present while accused-Ashraf made his confession befor...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....ere recovered from the PO house and the informant party also misappropriated an amount of Tk. 4,00,000.00 out of Tk. 17,95,924.00. The further defence is that accused appellant No.3 Abdur Razzak is a public who was arrested by the BDR persons from outside the PO house from amongst hundreds of person......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521...Category: Criminal Law | Date: | Hits: 75
....f Bangladesh shall act as official Trustee and that this Court as principal civil Court of the District has got jurisdiction for making such an order under section 73 of the Trust Act of 1882, in the public interest.
6. The question whether the appellant No.2 is a reversionary heir of the settler...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
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Category: Trust/Waqf Law | Date: | Hits: 183
.... the assessee argued before the Tribunal that it was entitled to rebate at 5% on the super tax. In order to get rebate @ 5% on super‑tax for the assessment year in question the assessee should be a public limited company, it must make effective arrangement for declaration and payment of dividend......answer the question Nos. 4 and 5 in the affirmative and against the assessee.
The parties are left to bear their respective costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 510.
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Category: Fiscal/Taxation Law | Date: | Hits: 139
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....rther investigation by order dated 13.06.2005 on finding that the earlier Case No. 24(8)04 was finally decided on acceptance of the final report after hearing both the parties with the consent of the public prosecutor, the tribunal ceased to have jurisdiction to pass any order for further investigat......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
....n provides that the High Court Division, if satisfied that no other equally efficacious remedy is provided by law, can direct a person performing any functions in connection with the affairs of the Republic or of a local authority to do that which he is required by law to do. In this case the respon......ion under Article 102 of the Constitution.
In view of our aforesaid discussion, we discharge the Rule without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 498...
Category: Property Law | Date: | Hits: 79
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....as well as against the rest of the world, that is, it is a judgment in rem as distinguished from a judgment in personam. According to section 42, a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. The judgment, Exhibit-(M-2) is......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..Category: Property Law | Date: | Hits: 116
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....ondents. Writ Petition No.1316 of 1992. Judgment Mohammad Ismail Uddin Sarker J.- This rule Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III ...... "It is not difficult to conceive of cases where from the very question of the action to be taken this principle cannot possibly have any application. Thus, can it be said, that when a breach of the peace is taking place in the view, of the officer or the authority empowered to prevent breaches of ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....urt 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. Lawyers Involved: Hassan MS Azim with Mohammad Abdus Salam,......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... in particular that the concerned requiring body did not enter into an agreement with the Government in such prescribed form as is otherwise required under Section 15(1) of the Ordinance prior to the publication of the preliminary notice of acquisition of the property variously issued to the Petitio...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....Judiciary, they exercise the sovereign judicial power similarly as the members of the cabinet exercise the executive power and the members of the legislature exercise the legislative power of the Republic. In a democracy such as ours, the Executive, the Legislature and the Judiciary constitute the......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
....that the vessel containing sugar arrived at Chittagong on 24.11.84. The exemption from payment of customs duty to the extent of 50% was subject to fulfillment of the terms and conditions specified in public notices dated 3.10.84 and 15.10.84 and it is quite clear that the petitioner opened the Lette...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... Ershad moved an application alleging that this case cannot proceed in the present form and style under the provision of Prevention of Corruption Art because the previous president HM Ershad is not a public servant; secondly, FIR does not show anything specifically against the former President. More......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....n the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be, recorded in writing such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or (b) by any Judge or Magistrate before whom the......ocal limits of whose jurisdiction the holder of such licence may be, when, for reasons to be, recorded in writing such officer, authority, Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or (b) by any Judge or Magistrate before whom the holder..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....Assistant Judge constituted wilful disobedience and we have no hesitation to hold that he has committed contempt under the Contempt of Courts Act. The authority of the Court has been undermined and k public confidence in the administration of justice shaken. This cannot be allowed. 16. We now com......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
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