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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

.... the last part of September, 1998 and he again narrated and demonstrated the facts prior to, during and after, the occurrence. Shahid stated that on 5-4-1998 (during the absence of PW 2, his wife and members of the family) Hasan showed to Shahid the lay-out-of the room of Shajneen as Shahid generall...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)

....signed in it. 13. In cross-examination, he stated that Abdus Sobhan is the Chairman of Delderpur Union Parishad who is the brother-in-law of the informant Mamunur Rashid and accused Mozahar is the member of said Union Parishad. He denied the suggestion that the accused were the party men of forme......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..

Category: Criminal Law | Date: | Hits: 52

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... Advocate, appearing for the writ petitioner, has taken us through the writ petition and submitted that, the writ petitioner was appointed as an officer in the post of Terminal Supervisor in the then Pakistan National Oils Company Ltd, now Jumuna Oil Company Ltd, a subsidiary of Bangladesh Petroleum...... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ..

Category: Employment/Service Law | Date: | Hits: 66

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....s in distress, to the safety of the vessel or of its crew; or (c) rendering assistance to persons, ships or aircraft in danger or distress; or (d) obtaining emergency medical assistance for a member of the crew, or (e) for any other purpose recognized by international law. Sub-sectio......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......d others……………………Petitioners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....illment of the terms and conditions as laid down in the concerned provision of law. It is further contended that after receiving the review application by the respondent No.1 it was referred to the 3-member review committee on 11-1-2001. Thereafter, on the application of the petitioner company the N...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

....radicts the case as made out in paragraph 11 of the plaint and PW 5 Fakruddin. 41. PW 4 Abdul Mannan came to prove a 'Chowkidari' tax receipt, exhibit 3 only. 42. PW 5 Fakruddin claimed to be a member of the Union Parishad. He said that there was a farm house in the suit land. Defendant No. 1 ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....ber if he is below 25 years of age. For proper appreciation, section 7 of the Ordnance, 1983 is quoted below which runs as follows: Section 7. Qualifications and disqualifications of Chairman and members of Union Parishad.-(1) A person shall, subject to the provisions of sub-section (2), be qual...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....aving not been done, the construction cannot but be said to be illegal and without lawful authority. In our view, the government is no different, when constructing upon land under its control, from a member of the general public building on his own land. The idea behind the statutes regulating build......d the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works. 2. The facts of the case are as follows: In June 1959 the Central Government of Pakistan decided to establish a 'Second Capital' to be located at Dhaka in the then East Pakistan. W...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

.... 28. DW 3 Dr. Abul Khayer, Assistant Surgeon of the Dhaka Central Jail Hospital deposed that on 13-7-1992 the accused was admitted in the Dhaka Central Jail Hospital wherein a board consisting three members namely, Civil Surgeon, Assistant Surgeon and another Medical Officer was constituted for his......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..

Category: Criminal Law | Date: | Hits: 70

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....f which Sabekun Nahar alias Sony sustained bullet injury. In cross examination, he stated that BUET was a big area comprising of its halls and academic building. He further stated that he could not remember where he was on the date and time of occurrence. He also stated that the place of occurrence ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..

Category: Criminal Law | Date: | Hits: 236

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......nother PLD 1967 (Karachi) 492; Aluminium products Ltd Chittagong Vs. Registrar of Trade Marks. Chittagong, PLD 1958 (Dhaka) 481 = 10 DLR 251; Coopers Incorporated (now named Jockey International) Vs. Pakistan General Stores and another 1981 SCMR 1039. Lawyers Involved: Gazi Neamat Hossain, Adv......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...

Category: Intellectual Property Law | Date: | Hits: 189

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322........ Shahdeen Malik and Mrs. Jharna Jahin. Day Care Officer (Prison) of the Dhaka Central Jail. 10. There can be no doubt that the Ordinance is still operational. It came into effect in the then East Pakistan on 14 February 1962. It was amended in its application to East Pakistan by the Probation o......ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...

Category: Criminal Law | Date: | Hits: 97

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......rst Labour Court, Dhaka and another, 44 DLR (AD) 40; Shaheda Khatun Vs. the Administrative Appellate Tribunal. Dhaka and others, 3 BLC (AD) 155; Nawabzada Md. Amir Khan Vs. Controller of Estate Duty. Pakistan and others, PLD 1961 (SC) 119 = 13 DLR (SC) 105; Rupali Bank Limited Vs. Nazrul Islam Patwa...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...

Category: Employment/Service Law | Date: | Hits: 75

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....been stated as follows: "In general trades and customers cannot be expected to carry in their heads the details of any particular mark. A mark containing various features very often comes to be remembered by some feature in it. Which strikes the eye and fixes itself in the recollection? Such a f......e last five decades and for the purpose of distinguishing its products adopted a trademark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up in erstwhile Pakistan. In the year 1973 the petitioner applied for registration of the trade mark "NABISCO" with ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..

Category: Intellectual Property Law | Date: | Hits: 386

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..

Category: Family Law | Date: | Hits: 184

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

....Hon'ble Court. Article 112 of the Constitution of Bangladesh provides that all authorities, executive and judicial, in the Republic shall act in the aid of the Supreme Court. The contemners being the members of the executive authorities have obligations to execute the order of the Supreme Court. Mor......bdul Karim Sarker Vs. the State reported in 38 DLR (AD) 188 at page 194 paragraph 18 the Appellate Division of the Supreme Court of Bangladesh having concurred with a decision of the Supreme Court of Pakistan laid down certain principles in the matter of acceptance of apology in the following terms:......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...

Category: Civil Law | Date: | Hits: 1272

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ere discussed in the 27th meeting of the Parliamentary Standing Committee regarding the Ministry of Water Resources held on 19-12-1999. As per decision of the Parliamentary Standing Committee, a five-member Committee on appointment/ promotion/absorption was formed to enquire into their cases and whi......sidered for appointment as effected under Annexure-C to the Writ Petition. In this regard attention is drawn to an Officer Order in Memo No. 1130-UP(c)IV/6A- 36/66 dated 11-8-1966 issued by then East Pakistan Water and Power Development Authority (Annexure 1 to the Supplementary Affidavit to Affidav......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..

Category: Employment/Service Law | Date: | Hits: 79

State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)

....y. 11. In the present case question arises whether the prosecution had been able to prove the case beyond "reasonable doubt." And further a plea of self-defence cannot be turned down as it is by a member of pieces of evidence and by significant circumstances is placed juxta position to this resid...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..

Category: Criminal Law | Date: | Hits: 96

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....espondent Nos. 2, 3 and 4 in this respect is illegal and without lawful authority and of no legal effect. 2. The facts necessary for the disposal of the Rule are: The petitioner is the elected member of ward No. 9 of Anwara Sadar Union, under Anwara Upazila, within the district of Chittagong.......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201.......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...

Category: Election Law | Date: | Hits: 83