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Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......le potatoes remain unrestricted goods so far as importation is concerned. It is stated that the impugned omission is arbitrary and without proper authority and the respondent No. 1 is under a legal duty not to prevent the petitioner from importing table potatoes subject to the latter's compliance ..Category: Business or Commercial Law | Date: | Hits: 219
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......he Rule. 4. Rule being ready was fixed for hearing. 5. Prosecution case at the trial, in brief, was that informant PW 3 Habilder Md Kowser and Constable A Sabur of CMP Kotwali PS were on patrol duty at 12 hours (duty time) on 4-10-96 in Station Road to the south of BRTC Bus Stand. They saw 2 p..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. ......82 Bombay 505. Learned Counsel further submitted that the application having been received at a time when the same mark had already been registered earlier, the Registrar of Trade Marks failed in his duty under Rule 23 of the Rules in allowing the impugned trademark to be registered. In this regard,..Category: Intellectual Property Law | Date: | Hits: 187
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......ioning authority directed 3 other charge sheeted accused persons to be made witnesses against the petitioners. This appears to be an unusual interference in the prosecution process as it is not their duty to decide who is to be a witness or not in the prosecution case. This is also indicative that t..Category: Anti-Corruption Laws | Date: | Hits: 140
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
.... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... was appointed as District Commander of Muktijudda Unit Command of Chittagong South District. Since the petitioner was very much dutiful and obedient to the Superior Officers, he was given additional duty by his Superior Officers vide office order dated 19-6-1991 and he took special training from 4-..Category: Anti-Corruption Laws | Date: | Hits: 150
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......here initial onus is discharged by the plaintiffs by giving a slight evidence the burden shifts to the defendant to prove the contrary". According to him, the defendant failed to discharge his duty that consciously the alleged deed was executed in favour of him. The learned Counsel lastly sub..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......entioned here that the Government property cannot be leased out without observing transparency. It is important to note that transparency inhibits corruption and promotes good governance. It is the duty of the Government to safeguard the revenue of the country. In this connection, reliance may be ..Category: Constitutional Law | Date: | Hits: 200
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....y incident of kidnapping on 3-7-2001 from the said place. He said that he informed Khaleda Zia and MP Dulu about missing news of the deceased Shujan on 6-7-2001. He said that deceased Shujan had easy excess to his residence. 19. PW 4 Nasrin Huda @ Bithi is wife of PW 3 Mini and she also deposed t......istance in between Motijheel Police Station and Jonaki Cinema Hall was about 60/70 yards intervened by Polwell Market. It is also deposed that in the said area, Police Patrol party usually remains on duty. He only recorded statement of the witness Nurul Huda Miru, Bhithi Huda and Anowarul Huq. It is..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ....... Troiluckhya Nath Chowdhury and another reported in 33 IA 60 at 65: "The registration is a solemn act, to be performed in the presence of a competent official appointed to act as registrar, whose duty it is to attend the parties during the registration and see that the proper persons are present..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......ed on 11-81991 without further inquiry as to who has overwritten the date on the application form, is not satisfactory. If the interpolation has taken place in the Office of the Registrar it is his duty to examine who has caused such interpolation before accepting the explanation of the applicant ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328....... her on bail. We cannot be oblivious to the fact of this humanitarian disaster caused to the accused petitioner No. 1 by the reason of erroneous proceeding initiated by a public servant whose prime duty is to protect the vested property by way of appropriate legal proceeding with the help of legal..Category: Criminal Law | Date: | Hits: 28
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
.... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......licating the accused appellants alleging, inter alia, that he along with patrol party came out from Hilli Camp Border outpost for preventing smuggling and guarding the border area and while on patrol duty at Fakirpara Dharanda area at about 11-30 AM found some male, female persons and children named..Category: Criminal Law | Date: | Hits: 84
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....disallowances from other heads. It also deleted the disallowance from miscellaneous expenses under the broad head advertisement and promotional expenses. The Tribunal also reduced the disallowance of excess perquisite under section 30(e) of the Ordinance, 1984 from Taka 8,55,078 to Taka 3,49,539. Th......and against the Department but other costs mentioned in the said question are answered in the affirmative. No order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 308. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....efusing it proceed to pronounce judgment according to the award, and upon the judgment so pronounced a decree shall follow, and no appeal shall lie from such decree except on the ground that it is in excess, of, or not otherwise in accordance with, the award. (emphasis supplied) 21. Where in any ......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Md. Khayruddin Vs. State, 2009, 38 CLC (AD)
.... petitioner. Preparation of the paper-book is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC(2010) 1018. ......of the petitioner under Section 19A and 19(f) of the Arms Act. 2. The facts leading to the filing of this petition are that while the informant, a Sub-inspector of Police, in course of his patrol duty, reached near the Burigonga Second bridge, found that the petitioner was running away, as such,..Category: Criminal Law | Date: | Hits: 41
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....nt Nos. 2-3 on 21st October, 1999, and thereupon, the plaintiffs filed the suit. 3. The respondent Nos. 1-3 contested the suit by filing a written statement. Their claim is that the land being the excess land of the ex-landlords vested in the Government, and accordingly it was recorded in the kha......ord arrived at a correct decision. We, therefore, find no merit in the contention of the learned Advocate-on-Record. The petition is accordingly dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......inciple of law that suspicion, by itself, however strong it may be, is not sufficient to take the place of proof. In a criminal trial the onus of proof is upto the prosecution. 54. It is incumbent duty of the Judge to consider all probabilities that appear from the evidence before him. A Judge sh..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... jurisdiction to be influenced by extraneous considerations or to disregard vital matters. This is good sense and enables the Court of Queen's Bench to receive evidence to prove the error. But an excess of jurisdiction in this sense is very different from want of jurisdiction altogether which is......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ......atement as required by clause (d) of rule 1 of Order VII that the plaintiff is a person of unsound mind and that a next friend is suing on his behalf the court must at once hold an inquiry. It is the duty of the Court to do so, and it is not necessary for the next friend to make a separate applicati..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....tiff’s deed to ascertain whether plaintiff is in possession of area covered by purchase deed or much more land in his possession. (ii) To relay whether defendant has been possessing any lands in excess of land purchased by him. (iii) To note physical features of the land and to submit Field ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236