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Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....s review petition at the instance of the petitioners is directed against the judgment and order dated 24th March, 2009 of this Division in the Civil Petition Nos.60 and 214 of 2008. 2. The predecessor of the respondent No.1 Maulana Mohammad Harun, Secretary, Charia Kasemul Uluma Madrasha filed an......d the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was not made since file of E.C. No. 4401 was called for by Ministry of LA and L.R., Govt. of Bangladesh. Accordingly the enrolment application wa...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
.... No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, created by false personification and not binding upon the plaintiffs and for further declaration that no part and parcel......on the party who substantially asserts the affirmative of the issue and not upon the party who denies it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
..... Abdus Salam Bhuiyan, Assistant Attorney-General with Khaleda Begum, Assistant Attorney-General—For the State-Appellant. Md. Khalilur Rahman Bhuiyan, State Defence Lawyer—For the Condemned Prisoner Nos. 1-3. Muhammad Salahuddin with Md. Abu Hanif, State Defence Lawyers—For the Condemned......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......imb, chest and abdomen of different sizes. (ii) One bruise cum lacerated wound on right forearm causing fracture both radius and ulna. (iii) Extensive lacerated wound on both lower limb causing loss of both legs below knees and fracture right femur. On dissection profuse ante-mortem clotte..Category: Criminal Law | Date: | Hits: 224
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....8. ......in the case at the instance of Masud Alam and others. 6. PW 2 Md. Yusuf Bhuiyan deposed that deceased Abdul Khaleque was his elder brother and on 16-12-98 at about 3-00 AM his uncle Shirajul Islam called him and told him that there was an outcry coming from the house of his brother and then he (P...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....Khan J Md. Emdadul Huq J State…………………………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. Sta......ng well dressed came to the PO house and was present in Kulkhani of deceased Shajneen held on 26-4- 1998. Thereafter Hasan did not come to the PO house till 30-4-1998, on which date he came as he was called by his eldest daughter (PW 3). He also stated that prior to the occurrence deceased Shajneen ...... 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
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....na Begum got 8 anna share and later on Amina Begum died without any issue, leaving two cousins Hinguluddin and Alif Khalifa; that Alif Khalifa got 8 anna share and then Alif Khalifa died, leaving one son Meseruddin Khalifa and one daughter Mayajan; that Meseruddin got 5 anna 6 gonda 2 Kara and 2 kra......n the party who substantially asserts the affirmative of the issue and not upon the party who desires it. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. The parties on whom the onus of proof lies must, in order to succ......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ril 13, 2004. Cases Referred To- RD Harbottle (Mercantile) Ltd. and another Vs. National Westminster Bank Ltd and others, [1977] 2 All ER 862; Equitable Trust Company of New York Vs. Dawson Partners Ltd, [1927] 2 Lloyd's Law Report 49; Soporna Spa Vs. Marine and Animal Byproducts Cor...... Jalsard Pvt. Ltd. [1973] AC 279 Lord Diplock rules, "the banker is not concerned whether the documents for which the buyer has stipulated serve my useful commercial purpose or as to why the customer called for the tender of a document of a particular description. Both the issuing banker and his cor......o. BUCH 1063 and BUCH 1066 could not be traced as the goods were not shipped. Southern, therefore, claimed that the acceptance of the documents was induced by fraud. Southern consequently, suffered a loss of US $ 170,000. Southern then returned the documents to ABBL requesting to cancel the acceptan..Category: Business or Commercial Law | Date: | Hits: 289
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the respondents as plaintiffs instituted Other Class S...... It was stated that the written statement in the suit was filed on 16.04.2005 by the constituted attorney of the defendant No.1. On 18.05.2005 the plaintiffs by managing the CID of police, Chittagong called on the defendant No.1, the father of the constituted attorney and the son-in-law of the defen......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
.....37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which is ex facie mala fide and for collateral purpose to get some sort of leverage over a sub judice matter and, as such, the Rule is liable to be discharged. Th...... aforesaid suit and, as such, the Rule is liable to be discharged. Conceding, for argument's sake, even if letter of credit is not a limit given sanctioned by the respondent No. 3, the same cannot be called in question by the petitioners, in special original jurisdiction before this Hon'ble Court an......, as such, their names cannot be published as credit information by the respondent Nos. 1 and 2 as no credit limit was sanctioned in favour of the petitioners. The petitioners will suffer irreparable loss and injury and hundreds of their workers will become unemployed and their families will be seri..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ing the Captain alleging, inter alia, that while engaged on duty in the Bay of Bengal from 21 September, 2000 to resist smuggling and illegal fishing within the Bangladesh fisheries waters they found some vessels within Bangladesh. The said Naval Contingent passed command from their ship on those ve...... the Director General of Fisheries Directorate calling upon a report on the crews and the vessel FV Shin Fa Chern # 20 and the Ministry of Home Affairs on the basis of same verbal note No BC 131/2000 called for another report on 30-10-2000 about the said crews and the vessel of the FV Shin Fa Chern ......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)
.... and to establish Saw Mills and Sawpits within the district of Sylhet. Rule 9 of the aforesaid Rules, 1951 provides for sanction/licence to establish Saw Mill or Sawpit within one mile of the cold season bed of any river or channels of the Sylhet district. The elder brother of the petitioner applied......e state to realise a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice will be secured. Part III of the Constitution enumerates a number of rights called fundamental rights for realization of the fundamental aim of the State. Article 26(1) provide...... 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)
....nies went into commercial production on and from 1st April, 2000. The petitioners obtained Tax Identification Number and VAT registration number from the Commissioner of Customs, Excise and VAT and also obtained Bonded Warehouse Licence, CCI & E registration. BOI registration from the concerned ......assessee's company. The National Board of Revenue is silent about the rest of the 37 allegedly old machines when admittedly 8 machines were taken as loan from the sister concern. When explanation was called for as to use of the old machines, and for how many days the same were used, the assessee sub......ing inquiry in granting tax holiday under section 46A of the Ordinance. The policy of tax holiday encourages new undertakings to be established. The tax holiday practically does not cause any revenue loss rather, at the end of the day; this policy fetches more taxes from more and more new industrial..Category: Fiscal/Taxation Law | Date: | Hits: 93
....rs, (1991) 4 SCC 54; Authorised Officer, DIT, Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229; Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1.
Lawyers Involved:
Tanjibul Alam, Advoca......reas also reflects the necessity of such conservation. In the facts of the instant case, there is mention of open space, namely Zia Uddyan (National Assembly area). Arguably, that could mean the park called Zia Uddyan within the National Assembly area or the Zia Uddyan as well as the National Assemb...... 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)
....…………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove......in PLD 1953 Lahore 213, 5 DLR (FC) 64, 54 DLR 148 as referred by the learned Counsel for the defence. 43. It further appears to us before commencement of trial the learned Judge of the trial Court called for a report from the concerned authority of Pabna Mental Hospital as to the mental condition......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
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
....n support of his contention. 12. The only point that calls for determination in this case is to see whether the petitioners have shown sufficient cause arising out of appropriate circumstances for some consideration for the condonation of delay. 13. Section 5 of the Limitation Act deals with t......lt, the Rule is made absolute without any order as to cost and the delay of 285 days in filing the revisional application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425.......cation and that the delay was unintentional which was beyond the control of the petitioners. 9. Mr. Islam further submits that if the delay is not condoned, the petitioners will suffer irreparable loss and injury. 10. This Rule is opposed on behalf of the opposite party by filing an affidavit-..Category: Procedural Law | Date: | Hits: 116
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....st Class, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment f......at House No. 7 of Block A, Shah Jalal Upo Shahor as he was in trouble. The informant on that telephone call went there along with his friend Md. Rafiqul Islam @ Robu and when they reached there a man called him and took him inside the gate and then and there 5 persons pushed and drove him inside the......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. ..Category: Criminal Law | Date: | Hits: 65
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... 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; High Court Bar Association, Lahore Vs. Emperor, AIR 1941 Lah 301; Niranjan Lall Arya Vs. State AIR 1954 Cal 82; Hasar......ore Vs. Emperor, AIR 1941 Lah 301, it has been observed by another Division Bench of Lahore High Court: "Where an accused pleads guilty but the act complained of does not amount to an offence, the so-called plea of guilty is no more than an admission on the part of the accused that he had committed ......level of the police officer who investigated the case by framing the charge under section 304 of the Penal Code. The learned Sessions Judge erred in law in failing to consider that offences involving loss of human life, culpable homicide ranks, in point of gravity, next only to murder, but the punis..Category: Criminal Law | Date: | Hits: 51
Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)
....e petition along with annexure. Annexure A is the complaint. The opposite party No.2 in the petition of complaint disclosed that the accused petitioner is an importer and proprietor of Messrs Dream Associate, for the purpose of importing 150 metric tons of Indian rice opened LC on 23-9-1998 with 25%...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ......কভাবে ক্ষতিগ্রস্থ করেছেন। 6. From a reading of this allegation it appears that due to the activities of the petitioner, Bank has sustained pecuniary loss. 7. A proceeding can be quashed if on a reading of the complaint first information report it..Category: Criminal Law | Date: | Hits: 46
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....assed by the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment fo...... severely injured condition of Ansar with profuse bleeding and, as such, he was taken to the hospital but the doctor declared him dead. She deposed that co-accused Amili, being wife of accused Mazid, called her son to that house and subsequently, Mazid committed murder. She admitted that no allegati...... 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...Category: Criminal Law | Date: | Hits: 93
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....g their product with the trade mark 'Crocodile lacoste' since 14-11-1983 after getting registration and after the expiry of the period of 7(seven) years their trade mark was renewed. The respondent also filed affidavits-in-support of their case that they were using the trade mark in various countrie......oods under the trade mark 'Crocodile' to mislead and deceive the consumers, therefore, the Deputy Registrar rightly passed the impugned orders rejecting the rectification cases and no interference is called for by this Court with the impugned orders and, as such, both the appeals are liable to be di......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
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