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Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)

....19 of the Customs Act which is as follows: “19. General power to exempt from customs duties: (1) if the Government is satisfied, after consultation with the Board, that it is necessary in the public interest to do so, it may, subject to such conditions, limitations, restrictions, if any, as ......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...

Category: Fiscal/Taxation Law | Date: | Hits: 62

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....the case of Abdus Rab Mia Vs. District Registrar and others as reported in 4 BLC (AD) 8, the Appellate Division has observed that as the petitioner did not come before the writ court to establish any public right but to serve his selfish end, a writ of quo warranto cannot be indulged in for such a p......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...

Category: Election Law | Date: | Hits: 88

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227...

Category: Property Law | Date: | Hits: 39

Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)

....e envelope bears the seal of Sonaimuri dated 11-10-98. Those were filed in Court with a list dated 26-10-98. More important is that the document is not executed before, and authenticated by, a notary public nor any representative of our foreign mission in Abu Dhabi. In view of section 85 of the Evid......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..

Category: Limitation Law | Date: | Hits: 175

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....ined by a competent Court.” 14. While considering an application under section 10 of the Trade Marks Act the Registrar has to consider whether the trade mark applied for is likely to deceive the public. He is to keep it in mind while exercising such discretion whether the applicant’s mark is ......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...

Category: Intellectual Property Law | Date: | Hits: 200

Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

....s Jurisdiction) Present: AK Badrul Huq J ABM Khairul Haque J Aftab Hossain (Md)………………… Petitioner Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors…………………………….. Opposite Parties J......Law and order” and “Public order”. The concept of ”Law and order” is not identical with the concept of “public order”. “Public order” is an aggravated form of disturbance of public peace. It affects the general current of public life. The expression “law and order” is wider in..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....e officer under section 54 of the Code of Criminal Procedure. 3. Mr. Islam has argued that a detention order cannot be passed with a view to prevent the activities of the detenu which may endanger public safety and public order. In this connection, he referred to some cases including the case of ......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195

Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....5. Save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the court or by such other person as the Court may appoint in this behalf and shall be made by public auction in manner prescribed.” 9. Since the Artha Rin Adalat Act has not prescribed any ......date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ..

Category: Civil Law | Date: | Hits: 76

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

....2001 and hence this proceeding. 3. Mr. MA Samad, the learned Advocate appearing for the petitioner, submits that the contemner opposite party 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, m...... 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. ..

Category: Intellectual Property Law | Date: | Hits: 181

State Vs. Moslem, 2002, 31 CLC (HCD)

....omes louder and Court must hear the loud cry for justice by society, more particularly, in cases of heinous crimes and Court should impose proper punishment befitting the crime so that Court reflects public abhorrence of crime. It is to be kept in view that it is the nature and gravity of crime and ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ......ch, there is no illegality in the same. 5. Upazilla Nirbahi Officer Gomostapur issued an order under section 144 of the Code of Criminal Procedure on 21-3-91 as there was apprehension of breach of peace over the possession of disputed Akhra and its properties between the second party petitioner S..

Category: Criminal Law | Date: | Hits: 32

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....earned Advocate, further submits that Article 152(2) of the Constitution provides that in interpreting the provisions of the Constitution the General Clauses Act 1897 will be applicable and statutory public authority has been defined in Article 152 of the Constitution which obviously includes a loca......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...

Category: Fiscal/Taxation Law | Date: | Hits: 94

Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)

.... allotment of the said plot in his favour. 3. In the aforesaid premises the writ petitioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present petitioners to show cause as to why they should not be......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...

Category: Others | Date: | Hits: 81

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

....(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others), where it has been held that application under Order 47, rule 1 must be treated with a considerable measure of caution. That is a matter of public policy as it is ob­viously necessary that, save in exceptional circum­stances, finality in ......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..

Category: Procedural Law | Date: | Hits: 95

Mrs. Tahera Islam Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others, 1987, 16 CLC (HCD)

....order was issued by the Government directing his detention for three months. The grounds of detention were served on 9.3.87. According to the detention order the detention was made in the interest of public safety but according to the grounds served, the detention was made on the ground of non-payme...... Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compli­ance. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 193...

Category: Banking Law | Date: | Hits: 151

State Vs. MA Monir & Others, 1987, 16 CLC (HCD)

....Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the re­putation of the entire judicial system in the estima­tion of the public. 2. The contemner No.1 is the letter writer him­self. A copy of the Rule was sought to be......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...

Category: Criminal Law | Date: | Hits: 35

Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)

....issued in the Assamese language by the Public Health Department of the Government of Assam, stating that Sekh Mishir son of late Nazir Sikh died on 27.11.63. Under Section 78(6) of the Evidence Act, "public documents of any other class in a for­eign country has to be proved by the original, or by a......ke out any case for reception of addi­tional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...

Category: Property Law | Date: | Hits: 29

Asgar Ali & others Vs. Additional Deputy Commis­sioner, Khulna & others, 1987, 16 CLC (HCD)

....hamsu Gha­ni of Sir Iqbal Road, Khulna and the said owner hav­ing left this properly; the properly has become aban­doned property. 12. Ext. 11(a) of that suit is a declaration before the Notary public at Calculta by Nirmal Kumar Nag wherein he stated that be had exchanged the property with his...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..

Category: Property Law | Date: | Hits: 36

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....For the Respondents. Writ Petition No.1481 of 2001. Judgment Md. Shamsul Huda J.- On an application filed by the petitioner under Article 102(2)(b)(i) of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondent to show cause why, the deten......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...

Category: Criminal Law | Date: | Hits: 45

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

....hat may ultimately be passed will just formalise independent and exclusive possession of present owners. The submission of Mr. Islam that even after so many transactions and transfers since the final publication of CS record of rights, and the long and exclusive possession and enjoyment by the prese......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..

Category: Property Law | Date: | Hits: 39