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Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ...... absolute and declaring the memo dated 15th January, 2002 of the writ respondent No.2, the Deputy Commissioner, Dhaka to have been issued without lawful authority and is of no legal effect. 2. The dispute relates to a piece of land appertaining to SA Khatian No. 955 of S.A. Khatian No.542 measuri..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......eligible for regularization to their respective posts as per Rule 4 of Rules 1981 on or before 10th May, 1998, prior to the promulgation of Rules of 2000. The learned Deputy Attorney General does not dispute the claim of the writ petitioners in that regard. The Bangladesh Public Service Commission r..Category: Employment/Service Law | Date: | Hits: 91
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ...... not stated how the bank suffered damages or the quantum of the damages and unless there is proof by evidence the awarding of damages is barred under section 74 of the Contract Act. 7. There is no dispute on the transaction as alleged by the plaintiff bank. It is an admitted fact that the bank on..Category: Banking Law | Date: | Hits: 199
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......s whether the assessee borrowed money from the Bank and if so whether it was for the purpose of the business and that the amount claimed by the assessee was actually paid or not and since there is no dispute as to the amount paid as interest on borrowed capital the taxing authority and for that matt..Category: Fiscal/Taxation Law | Date: | Hits: 135
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......tion (2) may direct that any antiquity in respect of which the offence has been committed shall be forfeited to the (Central) Government. 7. Mr. Syed Abu Kowsar, learned Assistant Attorney-General disputes and contradicts the contention of Mr. Dastagir Hossain submitting inter alia that the Speci..Category: Criminal Law | Date: | Hits: 72
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......adesh and/or for other reasons the objection under section 8(a) of the Act is not sustainable in law and deserves rejection inasmuch as the appellant had never sold their goods with the trade mark in dispute in the market of Bangladesh and as such the question of deception and confusion by use of th..Category: Intellectual Property Law | Date: | Hits: 210
....6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......o not acquainted with the product of the respondent and they are also not “persons aggrieved” as contemplated under the law and when the respondent is not a person aggrieved they cannot bring any dispute. As to the registration of the appellant’s mark it appears from the perusal of the availab..
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......jheel PS case No.115 dated 19-10-96 accusing, amongst others, the Chairman and the Managing Directors of Bangladesh Bank was filed. It is submitted that the petitioner has become the scapegoat in the dispute involving the Chairman, the Government and others. It is stated that from various reports on..Category: Employment/Service Law | Date: | Hits: 79
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....be consistent with the petitioners’ aspiration, (3) whether we can direct the Parliament to frame Policy. 34. There is least doubt that the petition has raised a myriad of fact based questions, resolution of which would involve examination of evidence, not possible in a writ proceeding. That s......that some important legal questions have also been raised through the petition, which require attention. We are, hence, inclined to proceed to dispose of those points of law, albeit existence of some disputed questions of fact. The first issue is thus resolved in the petitioners’ favour. This ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....riation of the rice in question was fully discussed and deliberated. 15. In cross-examination he stated that the priority list for distribution of the disputed rice is not before the Court but the resolution dated 15-1-91 passed by the Bera Upazila Parishad was before the Court. He also stated th......shad held on 15-1-91 the question of misappropriation of the rice in question was fully discussed and deliberated. 15. In cross-examination he stated that the priority list for distribution of the disputed rice is not before the Court but the resolution dated 15-1-91 passed by the Bera Upazila Pa..Category: Criminal Law | Date: | Hits: 88
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......guaranteed." 8. So we hold that the submission of Mr. Islam, the learned Counsel in the light of the provision of the Constitution of Bangladesh also invites much impact and thinking as to present dispute. So the allegation does not come within the ambit of the offence of section 295A of Penal Co..Category: Criminal Law | Date: | Hits: 52
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457....... parte on 17-4-1970 and record of right was accordingly corrected. During RS operation the suit land has been correctly recorded in the name of the defendant. Against such record that plaintiff filed dispute and objection case before the settlement Authority which were rejected on 27-2-1973 and 10-4..Category: Property Law | Date: | Hits: 71
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....lection by filing writ petition. In the facts of this case and on construction of Article 123(4) providing for holding by-election in case of death of any sitting Member and Article 125 providing for resolution of any election dispute by filing an election dispute case, it was held that in that situ......tion. In the facts of this case and on construction of Article 123(4) providing for holding by-election in case of death of any sitting Member and Article 125 providing for resolution of any election dispute by filing an election dispute case, it was held that in that situation the returned candidat..Category: Constitutional Law | Date: | Hits: 202
Abu Sayed Vs. State, 2001, 30 CLC (HCD)
....he time the Sessions Judge at Pabna Send down the records of the case at once if he is not wanted in connection with any other case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 559. ......ck and on two fingers of the right hand of the deceased. 5. None was named in the FIR as none of assailants could be identified. But Taju Master and Nazim were named as suspects in the FIR for the disputes they had with the deceased over contracts for sale of land with them. In all 18 witnesse..Category: Criminal Law | Date: | Hits: 41
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....e-D. Subsequently, the Parliamentary Party of Jatiya Party in its meeting dated 20-6-96 presided over by respondent No.5 and attended by all the members of the party in the Jatiya Sangsad also took a resolution to support Awami League for forming the Government and the minutes of the said meeting wa......nt rendering the seat of the petitioner in the parliament vacant under Article 70(1) of the Constitution. But nonetheless, the Speaker referred the matter under Article 66(4) of the Constitution as a dispute to the Election Commissioner for determination and this was communicated by the Parliament S..Category: Constitutional Law | Date: | Hits: 196
....en up a national policy and this problem is not faced by this country alone but is recognised all over the world and accordingly, the United Nations has taken up this problem with due weight and took resolutions and following the guidelines of the United Nations, Bangladesh has formulated the plan f...... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540...
Category: Property Law | Date: | Hits: 97
....ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519.......s and cancelled the contract, only in order, as it appears, to hide their own misfeasance.
10. True it is that petition under Article 102 of the Constitution is not generally maintainable when the dispute involves determination of the contractual rights and obligation of the parties. But even in ..
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......herefore, balance of convenience and inconvenience was not in favour of the plaintiff. 5. Mr. Fakir Shahabuddin Ahmed, learned Advocate appearing in support of the appeal contends that there is no dispute on the fact that the plaintiff is a consumer of gas for industrial purposes. There is also n..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......lenge. In all these reference application in fact, the status of the statutory corporations namely, Bangladesh Sugar and Food Industries Corporation, Bangladesh Chemical Industries Corporation are in dispute. According to the Revenue Department, the Corporations brought into existence by virtue of t..Category: Fiscal/Taxation Law | Date: | Hits: 86
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......and from 1989 to 1992. 44. The sale deed being No. 42106 dated 13- 12-67 purchasing 12 decimals of land stands in the name of Farida Rahman. The consideration appears to be Taka 5,000. There is no dispute about the title of the vendors. Then, by order dated 20-1-69 passed in mutation case No. 742..Category: Property Law | Date: | Hits: 139
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