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Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......in passing the impugned judgment contrary to the materials on record committed an error of law which has occasioned failure of justice. 10. Mr. Ahmed to substantiate his argument has cited a large number of decisions before this court, which I consider it, pertinent to reproduce the relevant obse..Category: Property Law | Date: | Hits: 33
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......of Yusuf vs. Appellate Tribunal, 29 D.L.R (SC) 211 wherein it has been held that conviction can be based on the evidence on one witness and section 134 of the Evidence Act provides that no particular number of witnesses is required to prove a case. ConvicÂtion can be based on solitary evidence if t..Category: Criminal Law | Date: | Hits: 93
Belal Ahmed Vs. State, 1987, 16 CLC (HCD)
....liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ......formation report and acting upon it. He next subÂmits that non-examination of C.S. witnesses has not prejudiced the accused in any manner. He submits that the prosecution is not bound to examine any number of witnesses but it may confine examination of such number of witnesses as being required und..Category: Criminal Law | Date: | Hits: 38
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......€™ in respect of their purchased land of 0.63 acre. The suit was on 15-12-54 decreed in the preliminary form the suit was then transferred to the Fourth Court of Subordinate Judge at Dhaka and was re-numbered as Partition Suit No.584 of 1993. The suit is still pending for final decree. Further case ..Category: Property Law | Date: | Hits: 39
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......e pond. She used to live in Dhaka and occasionally used to visit Rupganj. Presence of the visitors in the park at 3-00/3-30 PM was thin. There were 10/15 employees in the park. She could not give the number of employees of the canteen. Her husband established the park 13 years ago. There were some h..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......ode of Criminal ProceÂdure for enabling the accused persons to place their cases before the learned Magistrate or trial Court in order to come out of the proceeding. It has already been settled in a number of cases that a case cannot be quashed on defence materials. Reliance may be made in the case..Category: Criminal Law | Date: | Hits: 97
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 29Â6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purÂp..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged withÂout any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......No. 22 of 1998, as has been quoted above. Moreover, as to the banking system of business, the banks and financial instituÂtions indulge themselves in a variety of activities which are regulated by a number of statutes and are subject to regularity mechanism of Bangladesh Bank as the Central Bank an..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ...... interrogation the accused could not gave satisfactory answer. Thereupon there was an altercation between them. Then PW 1 nabbed the accused with the said counterfeit note and seized the same bearing number কর 289318 and prepared seizure list in presence of PW 5 Narayan Chandra Saha and PW 6 Md ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......een registered." 11. In Sunil Kumar Das vs. Canon Kabushiki Kaisha and another reported in 57 DLR 93 it has been stated that it appears that the mark "CANON" with its "LOGO" is registered in a number of classes in this country and the mark is in use throughout the world for the same products...Category: Intellectual Property Law | Date: | Hits: 198
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......ther provisions of the Act including sub-section (7) of section 25 (levy of tariff value) and section 30A (value and effective rate of duty) of the Customs Act. In holding such view, it relied upon a number of decisions including that of A Hannan. 23. In the case of Selim (Haji) vs. Collector..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... side by side, it transpires that among memo Nos....... 6497.........6499,.......6500, memo No. 6498 is missing. The learned Advocate for the petitioner submits that missing memo No. 6498 is the memo number of the letter of appointment of the petitioner. The learned Advocate for the petitioner submi..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......nt/opposite parties filed an application under section 151 CPC praying for accepting the written statement which was filed by them on 17-3-93 and also for restoration of the suit to its original file number. The plaintiffs petitioner filed written objection opposing the said application submitting t..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... policy underlying in sections 234 to 239, of which section 239 is relevant for our consiÂderation, is not to cause undue harassment or confusion to the accused persons by giving evidence of a large number of items covering an unduly long period. And that would have also saved Court's valuable time..Category: Criminal Law | Date: | Hits: 90
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......the Act. If the case is triable by the Court of Sessions only then the case of the juvenile is to be dealt with under section 5(3) of the Act. Our Courts have strictly interpreted this provision in a number of cases including State vs. Deputy Commissioner Satkhira, 45 DLR 643. 21. In the cas..Category: Criminal Law | Date: | Hits: 32
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......on with the offence and this period in custody may continue for months and years till conclusion of trial due to prolongation of investigation and trial and this is a common feature manifest in large number of cases waiting for trial in the subordinate Courts and unless the period the accused may be..Category: Criminal Law | Date: | Hits: 43
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.......Taxes decided and decided by the Taxes Appellate Tribunal against the assessee, need our answers are,- (a) if the disallowances of Taka 18,05,141 made by the Deputy Commissioner of Taxes under number of heads in the profit and loss account is valid in law and on facts; (b) if rejection..Category: Fiscal/Taxation Law | Date: | Hits: 99
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.......of the informant, alleging that the informant's family members are liable for committing murder of the son of said Jamir Ali. Upon his call, a rowdy assembly of the accused persons, who were 40/50 in number, stormed into the house of the informant. During the ransacking of the house the accused No. ..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. ......ar of Trade Marks and another reported in 11 BLT 194. Referring to Annexure-M of the petitioner's affidavit-in-reply dated 12-6-2003, he pointed out that in Money Suit No. 13 of 2002, which was later numbered as Money Suit No. 20 of 2002, the plaintiff, Nurul Islam filed a money suit against Unilac ..Category: Intellectual Property Law | Date: | Hits: 187