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Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
..... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ......ter the confessing accused were again given on remand as per prayer of the Investigating Officer. Giving of remand of the confessing accused after recording his confessional statements is against the principle of law and it has been held that the order of remand after recording the confessional stat......esponding to Kotwali PS Case No. 24 dated 09-08-1991, convicting the accused-appellants along with three others under section 395 of the Penal Code and sentencing them to suffer rigorous imprisonment for seven years each and also to pay a fine of Taka 1,000.00, in default to suffer rigorous imprison....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ......itzerland and in other parts of the world. 12. Mr. Ohidullah also contended that they relied on the case reported in PLD 1979 Karachi 83, before the learned Registrar but he without discussing the principles of law enunciated in that case most arbitrarily rejected the objection of the appellant a......ector was rejected. 2. The appeal arises out of the following facts and circumstances. The respondent No.1 Messrs Hosnara Begum trading as “BALLY” shoes, filed application No.15884 in Class-25 for registration of the trade mark as “BALLY” shoes having her office at 230/4 New Elephant Road......t persons in respect of the trade marks which are identical or similar and should relate to the same goods or description of goods. The question arises when the Registrar should leave the parties for determination of their rights by the Civil Court. The Trade Marks Act provides a self-contained mach..Category: Intellectual Property Law | Date: | Hits: 210
....the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
...... that the plaintiff’s position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of ad valorem Court fees. In that case the p......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......ts should not ignore the international obligations, which a country undertakes and that if the domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. 10. By further elaboration Mr. Faqooqui......f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho...... and others, AIR 1986 Supreme Court 1773, where the Supreme Court of India sent the case on remand to inquire as to the age of the accused. With respect, our view would be that if it is felt that the determination of the age of the accused may be material to the proper adjudication of the appeal, th..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544....... from the case of Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others reported in 39 DLR (AD) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation involved in both the cases are the same. In the Dira Dockyard ......3. Bail petition of the appellants was rejected by the impugned order 7-3-2000 holding, inter alia, that on 10-3-99 at about 1-40 AM the appellants along with a group of miscreants were lying in wait for the arrival of their adversaries and on seeing the police closing in, they started fleeing away ......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544...Category: Criminal Law | Date: | Hits: 38
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537.......he aforesaid amount deposited either by cash or by bank security, the 50% of the remaining amount should be deposited at the time of preferring appeal before the High Court Division. They submit that principle as provided in section 6(2) and section 7(2) are similar in view of the fact that by an ap......Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......y objection on the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-...... the business under the name and style “Foto Fast Color Lab” in the year 1992 after obtaining necessary Certificate from the Dhaka Municipal Corporation on 21-7-1991 and opened a letter of credit for import of the machine in 1991 and upon arrival of the machineries submitted bill of entry togeth......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533...Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530....... to deposit the money before the cheque is presented for encashment. In any case, our view is that simple dishonouring of a cheque itself is not an ingredient of cheating. 10. It is an established principle that to constitute an offence of cheating as described in section 415 of the Penal Code, t......e quashed. 2. As the facts and question of law involved are similar in both the Rules, these were heard together and are now disposed of by this single judgment. 3. The relevant facts necessary for the purpose of disposal of the above Rules are stated below: “The petitioner in Criminal Mi......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530...Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....e and its discipline and law and order, she is creating imbalance in the social harmony through supply of arms to the miscreants, and assisting and harboring anti-State elements. She was arrested for guiding miscreants to create artificial water and electricity crisis in the country to subvert socia......(SC) 214, the case of Faisal Mahbub Vs. Bangladesh reported in 44 DLR 168 and the case of Sayedur Rahman Khalifa Vs. Secretary Ministry of Home Affairs and others reported in 1986 BLD 272. 15. The principles laid down in these cases substantially apply in this case and we are of the opinion that ......the Respondents. Writ Petition No.1389 of 1999. Judgment Md. Abdul Matin J.- This Rule Nisi was issued calling upon the Respondents to show cause as to why the detenu should not be brought before this Court so that it may satisfy itself that she is not being held in custody without any lawf......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
.... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ...... of detention the material basis of its satisfaction that the detenu is required to be detained, failing which the order of detention is liable to be declared illegal and not sustainable and the same principle is applicable in a case under section 4 of the Anti-Corruption Act. 32. We are afraid t......tition No.5384 of 1996 with Writ Petition No.736 of 1993 with Writ Petition No.2538 of 1991. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioners in the afore-mentioned Writ Petitions under Article 102 of the Constitution of Bangladesh Rules Nisi were is......the observation made by Lord Ried in the case of Wiseman Vs. Bormeman. Lord Ried said: “It is, I think, not entirely irrelevant to have in mind that it is very unusual for there to be a judicial determination of the question whether there is a prima facie case. Every public officer who has to d..Category: Criminal Law | Date: | Hits: 69
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......ant” as defined within section 2(d) of the Public Servants (Retirement) Act, 1974 because he is not an employee of any corporation, national enterprise or local authority and further in view of the principle as laid down in the case of Deputy Managing Director and Chairman National Bank of Pakista......ct Director under BSTI vide Memo dated 31-12-1991 (Annexure-A) and vide memo dated 2-3 (Annexure-B) his pay scale was fixed at Taka 7100x200-8900 and the petitioner since his appointment, had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexur......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226...Category: Employment/Service Law | Date: | Hits: 117
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ......fter complying with all the ports and customs formalities. 9. Mr. Ariff, relying on the decision reported in 1956 Appeal Case page 458 further submits that the impugned judgment is also hit by the principle of double jeopardy inasmuch as the master and another officers of the vessel MV ALBA were ......(part)/475 (Annexure -M) by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, owner of MV Alba (formerly MV Alsara), in brief, is that they are represented in Bangladesh by Mariners (Bangladesh) L......llowed. The office is directed to return the above certified copies alter furnishing of the Photostat copies of the same by the petitioner. Ed. This Case is also Reported in: 51 DLR (1999) 211. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......to buy the gas, will push the country to a situation of economic duress of unbearable proportion. The government, for reasons best known to it, have kept the PSC documents concealed, in breach of the principle of transparency and national interest and, have been consistently failing to address the i......e Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi issue calling upon the respondents to show cause as to why they should not be directed to evolve and formulate a National Strategy Policy through Parliament ensuring appropriate participating interest ......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......f 1996 (Pabna), convicting accused appellant Md. Rowshan Ali under section 409 of the Penal Code read with section 5(2) of Act II of 1947 and sentencing him thereunder to suffer rigorous imprisonment for three years and to pay a fine of Taka 1,96,800.00, in default, to suffer rigorous imprisonment f......he guilt of the accused appellant by most consistent and overwhelming evidence and as such there is no justifiable ground to interfere with the impugned order of conviction and sentence. Point for determination: 10. The only point for determination in the appeal is whether the learned Division..Category: Criminal Law | Date: | Hits: 88
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ......he facts and circumstances of the case inasmuch as in those cases returns were filed by the assessee whereas in the instant case no return at all was filed by the assessee applicant and, as such, the principles of law enunciated in these decisions cannot be applied to the present case. The learned D......d order dated 17-9-90 passed by the Taxes Appellate Tribunal Bangladesh, Dhaka, in Income Tax Appeal No.1656 of 1985-86 (Assessment year 1981-82). 2. The assessee applicant did not file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued......eedings initiated under section 22(2) terminated without finalisation of the assessment in question on 30-6-82. Here the Tribunal misconceived the legal position. The material question that calls for determination in such a case is in what circumstances assessment proceedings could be held to be pen..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......decree of the trial Court has already been affirmed by this Court in First Appeal No.86 of 1992. 20. Mr. Wahab, the learned Advocate appearing for the plaintiff-respondent however submits that the principle of section 11 of the Code of Civil Procedure will not apply in this case inasmuch as the e......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......t those dated 28.4.1999 passed by the Second Commercial Court, Dhaka in Title Suit No. 1 of 1996 decreeing the suit. 2. The above title suit was filed by Aziz Pipes Ltd., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangla......) of the loan agreement in holding that the Government had already instructed the BSRS and other DFIs to charge 1% less than that charged for industries situated in developed area inasmuch as final determination of rate of interest shall be on the basis of the terms and conditions and /or as decid..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....rected to take steps for disposal of the application in the light of our findings as above. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 82; 28 BLD (AD) (2008) 138; V ADC (2008) 796. ......the case on the facts of the case. But entertaining hypothetical questions raised and allowing them in the fashion as has been done is highly deprecated as the High Court Division ignored the settled principle that "general propositions do not decide concrete cases" as held by Justice Homes of U.S. ......t: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts including the Supreme Court of Bangladesh. Therefore under rule 19(gha) the Supreme Court is also debarred from granting bail to persons accused of ......tion there may be cases depending on the facts of each case making out a case of without jurisdiction, coram non judice or malafide and finding of the Court to that effect upon final adjudication and determination and then in those cases the bar in Rule 19(Gha) in granting bail under Section 498 of ..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. .......) ………..Petitioner Vs. Md. Mokarram Ali and others ……….Opposite Parties. Judgment March 15, 2001. Lawyers Involved: Mir Mokhlesur Rahman with Nasrin Parvin, Advocates—for the Petitioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- f...... the deed is genuine and acted upon or not. Ira the frame of the suit, such an issue cannot be decided. But the trial Court appears to have converted the suit for specific performance into a suit for determination of title and decided that a thirty years old registered Kabala exhibit 1 was forged an..Category: Property Law | Date: | Hits: 91
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... has resulted in serious miscarriage of justice. He also cites the decision in the case of Alhaj Mirza Shamsuddin Beg Vs. Bangladesh and another reported in 41 DLR 356 where it has been held that the principle of constructive res judicata applies here on the defence now taken by the respondent corpo...... application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted Other C...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
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