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

...., 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 Corporat......ot by the Corporation and that the General Manager of the Company has no authority to make any recommendation for filling up the post of the Marketing Manager, which as per law, has to be done by the Board of Directors of Jamuna Oil Company Ltd. The learned Advocate stressed on the point that the im...... 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. ......J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: ..

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

Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......the above, we find no sub­stance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......ated 2nd Ashwin, 1362 B.S. and regarding his non-relinquishmcnt though the same has been recorded in the name of Majar Ali, the plaintiffs corrected the same in their favour by filing case before the Revenue Authority and accordingly, prayed for dis­missal of the suit. 4. Leave was granted to co......rted in: VIII ADC (2011) 100. ..

Category: Property Law | Date: | Hits: 74

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

....nt No. 1 Bangladesh Bank which provides Credit Information and status of borrowers under Article 42 of President's Order No. 127 of 1972 and publishes such information regularly. The respondent No. 3 National Bank Limited is a schedule Bank. The impugned Credit Information has been issued in respect...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ......by vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ..

Category: Business or Commercial Law | Date: | Hits: 251

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

.... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......e only natural, legal and reasonable presumption would be that he must be giving at least some time and attention to the business of the other company as well. He must be attending the meeting of the Board of Directors of the other company i.e. the Sonear Engineering Limited also. Therefore, the ass...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515.......Joint Commissioner of Taxes with the finding that the assessee appellant being a director of more than one company is not an employee within the meaning of the" Rule 33(3) (b) of the Income Tax Rules and, as such, the assessee was not entitled to the exemption on account of house rent allowance. The..

Category: Fiscal/Taxation Law | Date: | Hits: 91

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

....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. ......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. ......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak..

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. ...... 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. ...... 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. ...... 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)

....Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Ca......High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Cases Refer......t Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005. Cases Referred to- ......(2006) 478, 26 BLD (HCD) (2006) 324. ..

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

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

.... 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. ......No.6 is 22 years and his date of birth as it appears from the voter list is 1-1-1978. From the tabulation sheet of the Dakhil Examination held in the year 2000 under the Bangladesh Madrasha Education Board, it also appears that the date of birth of respondent No.6 is 2-2-1984 (Annexure-A). On 9-6-20...... 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. ......nal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashe..

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)

....dgment Md. Imman Ali J. - This Rule Nisi was issued on an application under Article 102 of the Constitution challenging the construction of residences for the Speaker and Deputy Speaker within the National Assembly Area in violation of the original plan and the Building Construction Act, 1952 and...... 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....... 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....... 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)

....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. ......Jail examined the appellant and found him unbalanced with unsoundness of mind. DW 4 Dr. Sushil Kumar Saha, Resident Medical Officer of the Mental Hospital, Pabna and one of the members of the Medical Board examined the appellant as directed by the learned Judge of the trial Court and submitted the r......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. ......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne..

Category: Criminal Law | Date: | Hits: 70

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......¦.Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26, 2005. Case Referred to- Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (AD) 1. Lawyers Involved: Subrata Chowdhury......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431....... is also Reported in: 58 DLR (2006) 431...

Category: Business or Commercial Law | Date: | Hits: 186

Solaman Vs. State, 2005, 34 CLC (HCD)

..... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......1, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. State, 20 DLR 666; The Board of Secondary and Higher Secondary Education Dhaka & another Vs. Md. Nurul Islam and others, 19....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......itioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. Stat..

Category: Criminal Law | Date: | Hits: 53

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

....entia—Where the Court has reason to believe that an accused person has absconded or concealing himself so that he cannot be arrested within 7(seven) days shall be ordered to publish in at least one National Daily Bengali newspaper having wide circulation direct such person to appear before it not ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ......the best way the Court would deem fit and proper within 2(two) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 419. ...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o..

Category: Criminal Law | Date: | Hits: 65

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405.......nowned businessman both in Bangladesh and Saudi Arabia. The respondent No. 1 is the General Manager, Dhaka Rural Electrification Samity and the respondent No. 2 is the Chairman, Rural Electrification Board. The petitioner having purchased the schedule land on 18-3-1974 from the recorded owner mutate...... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405.......sdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Engineer Md. Nurul Islam Chowdhury…………………..Petitioner Vs. GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents. Judgment October 23, 2005. Lawyers Involved: Mob..

Category: Others | Date: | Hits: 146

Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)

....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......he SA & T Rules, 1955 the Director of Land Records has no legal authority whatsoever to pass an order over a judgment of appellate Court about after 19 months. Under Rule 42A of the said Rules, a Revenue Officer can only direct for correction of the judgment of the appellate Court when an entry ......l Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006. ..

Category: Property Law | Date: | Hits: 62

Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)

....upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......upon Mr. Md. Abdur Rashid Mia then Sessions Judge, now Jananirapatta Bignakari Aparadh Daman Tribunal, Barisal by guaranteed registered post. Ed. This Case is also Reported in: 58 DLR (2006) 393.......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177..

Category: Criminal Law | Date: | Hits: 51

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

....udgment April 9, 2006. Case Referred to: 1972 Criminal Law Journal (Madras High Court) 1641. Lawyers Involved: Md. Khalilur Rahman Bhuiyan. Advocate—For the Appellant represented by National Legal Aid Committee. Sarah Parveen, Assistant Attorney-General—For the Respondent. ...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355....... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge..

Category: Criminal Law | Date: | Hits: 93

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

....ses Referred to- William Parrel Vs. BH Cagabati company Ltd, 1894 Appeal Cases, 8; Aktiebolaget Jonkoping Vulcan Vs. VSV Palanichany Nadar and other, A AIR 1969 (Cal) 43; SM Taufiq and others Vs. National Biscuit Co. New York, PLD 1962 (Karachi) 355; Samah Razor Blades Industries Ltd Vs. Super M......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.......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.......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe..

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

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....... 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....... 3. Both the Writ Petitions have been filed by the same petitioner against the same respondents. In both the Writ Petitions it has been stated that the petitioner worked as Accounts Assistant in the Revenue Department all through in the head office of the respondent No. 1, Titas Gas Transmission an......Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Faruque Hasan…………………………………………………...Petitioner Vs. Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents Judgment August 16, 2005. Cases..

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

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

.... book by P. Narayanan on Trade Marks and Passing Off, Third Edition, Paragraph 896, which refers to the purity of the Register. He also referred to the decision in the case of SM Toufiq and others vs National Biscuit Co. New York where the very word trade marks "NABISCO" was challenged. In that case......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. ......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. ......or Leave to Appeal here. Read the Civil  Review Petition here. Supreme Court High Court Division (Civil Statutory Original Jurisdiction) Present: Md. lmman Ali J Nabisco Biscuit and Bread Factory Ltd…………………………….Petitioner Vs. Baby Food Products Ltd. ..

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