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Displaying 1301-1320 of 1984 results.
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....e Administrative Tribunal Act was not maintainable, and both the Administrative Appellate Tribunal and the Administrative Tribunal overlooking this provision given the respondent gratuitous relief in excess of its' jurisdiction. More so, the respondent though sought for a declaration of the memo dat......ook, if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government the respondent's continuous absence from duty for more than five years the Administrative Appellate Tribunal is justified, in treating him to..Category: Administrative Law | Date: | Hits: 229
Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)
.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......ormation Report with Sutrapur Police Station stating inter alia that main opposition political parties called day long hartal on 28-2-2000 and on that day informant along with his police force was on duty. Accused-appellant and 10/12 others created panic by exploding bombs. Accused- appellant along ..Category: Criminal Law | Date: | Hits: 34
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......edure and the nearest competent civil Court shall be deemed to be the Court which passed the decree and all provisions of the Code of Civil Court the matters of execution of the decree shall apply. A duty is, therefore, cast upon the trial Court to recover the fine imposed upon an accused by the Cri..Category: Criminal Law | Date: | Hits: 40
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......ent No. 1. 7. The learned Advocate appearing for the petitioner submits that since the land in question has not been utilised for the purpose for which it was acquired by the respondents, they are duty bound to return the same to the petitioner. The learned Advocate further submits that if the ac..Category: Property Law | Date: | Hits: 28
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... any other case. 14. On close scrutiny of sub-rule (1) of Order XXI rule 35 of the Code, it appears to me that when a decree passed for possession of any immovable property, the executing Court is duty bound to deliver possession to the decree-holder. Here, possession conceived of is the actual p..Category: Property Law | Date: | Hits: 29
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....efore agree with the learned Subordinate Judge that Order XXI, rule 100, Civil PC has no application to the facts of the case.” 23. MP Mishra Vs. Sangam Lal Agarwal, AIR 1975 All 424, is case of excessive execution. The applicant claimed that in execution of the decree the decree holder had obt......f and secondly, if, such claimant was in possession on his own account or on account of some person who was not the judgment-debtor. When the Court finds the answer in the affirmative, it becomes the duty of the Court to put the claimant back into possession at once. The proceedings under the rules ..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....preparation of map under sub-section (4), allot to the tenant whose lands was so lost by diluvion or, as the case may be, to his successors-in-interest, shall not exceed sixty standard bighas and the excess land of the tenant or his successors-in-interest, if any, after the allotment shall vest in a......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......n of trade mark which is identical with, or resembles a trade mark already on the register or amongst the pending applications.”
12. In consonance with the above, I am of the view that it is the duty of the Registrar to search whether an application for registration of the Trade Mark is pending..
Category: Intellectual Property Law | Date: | Hits: 167
....e records to the Court of Session’s Judge, Dhaka. The said Court in turn, issued a warrant of conviction against the petitioner. The petitioner has, thence, been languishing in jail for a period in excess of 3 years.
17. To substantiate his prayer, the petitioner contended that the Constitution......e agreement with the concept that our Parliament does not and can not enjoy British like omnipotence and this Division does not only have the power but, is also saddled with inerrant and inescapable duty to strike off any legislation which is repulsive to any express provisions of the Constitution..
Category: Constitutional Law | Date: | Hits: 482
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......n the date of opening the LCs the SRO No. 108 dated 11-6-1998 (Annexure-1) was in force. At that time according to the 1st Schedule published, under section 18 of the Customs Act, the rate of customs duty on the questioned item was fixed at 37.5% Later on, some exemption was allowed as to import of ..Category: Fiscal/Taxation Law | Date: | Hits: 62
.... the assessment year 1976-1977 the petitioner admitted to have sold cables worth Taka 16, 80,984.00, paid Taka 4, 20,246.00 as sales tax and demanded a refund of Taka 84,049.00 as having been paid in excess. The petitioner made those admissions in the tax returns sent under section 10(1) of the Act,...... has also cited the case of Ahmad Khan Vs. Controller of Estate Duty reported in 1969 PTD 494. The reported case, we cannot but conclude, was cited out of confusion. This related to-payment of estate duty on vast cultivable and uncultivable land upon the death of the owner thereof. We thus leave it ..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273.......trade marks in violation of the statutory provisions as laid down in sections 10(1) and 8(a) of the Act. Under these sections the learned Registrar as the custodian of the marks registered by him, is duty bound to protect the register of trade marks. In case of any contravention, it may be set aside..Category: Intellectual Property Law | Date: | Hits: 200
.... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266....... control of the Judges on habeas corpus, Judges are guardians of liberty of the subject. Judges are to see that the wrong is avenged and the wrongdoer is dealt with according to law. The judges owe a duty to safeguard the liberty of the subject.
6. In Corpus Juris Sccundum Volume 39 habeas corpus..
Category: Criminal Law | Date: | Hits: 39
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......arty No. 1 is a state functionary and it is expected in a Republic that the servants are required to discharge their duties neutrally, sincerely and honestly, more so when they are entrusted with the duty to adjudicate upon a legal right between the parties but unfortunately, in the instant case the..Category: Intellectual Property Law | Date: | Hits: 181
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......uch orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court”. 12. Power under section 151 of the Code is a power inherent in the court by virtue of its duty to do justice between the parties before it. The section does not confer new powers on courts b..Category: Civil Law | Date: | Hits: 66
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.......e proved by reliable and cogent evidence.” 17. In the case of Abdul Jalil Munshi and another Vs. Abu Bakar Siddique reported in 35 DLR (AD) 42, where in their Lordships observed: “It is the duty of everybody, particularly the parties to the cause to assist the court in the discharge of its..Category: Property Law | Date: | Hits: 33
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....racted finishing agent according to the letter of credit or to have the country’s hard-earned foreign currency refunded to the appellant. Ed. This Case is also Reported in: 54 DLR (2002) 193. ......lant illegally made a false declaration that he has imported finishing agent but on physical certification it was found that the imported goods are DOP and the appellant attempted to evade the custom duty of Taka 35,05,377.10, because the custom duty on finishing agent is 5% but duty on DOP is 37.5%..Category: Fiscal/Taxation Law | Date: | Hits: 70
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... of law endorsed by a long line of judicial authorities, any person charged with the authority of taking decisions affecting the rights and liberties of the citizen of the State has the corresponding duty of acting judicially and the superior courts having supervisory jurisdiction over such persons ..Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......o the case of Abu Taher and others Vs. State, reported in 1991 BLD (AD) 80 wherein it has been held that scrappy, examination of accused under section 342 Cr.P.C. by the trial Judge is neglect of his duty and in that case the trial Judge neglected his duty to make a proper examination of the accused..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......y to an Advocate is unusual. Moreover, the first order dated 16-3-99 was passed on the petition and not on the order sheet which shows that the Bench Assistant of the Court was not upto-date with his duty. 13. The Advocate Commissioner Mr. Akiluddin Bhuiyan mentioned in his report (at page 9 of t..Category: Property Law | Date: | Hits: 28
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