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Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....ugar arrived at Chittagong. Meanwhile, the Government by another notification dated 6-11-84 enhanced the rate of duty by exempting duty above 75% ad valorem. Rejection of the customs authority of the prayer of the importer to pay duty at the earlier rate of duty at 50% instead of the new rate of 75%......nior Advocate—As Amicus Curiae. Writ Petition Nos. 3541, 3559, 3562, 3835, 3836, 3854 of 1998 with 290, 293, 298, 1978, 1981,1295 of 1999. Judgment Md. Abdur Rashid J.- In the aforesaid Rules Nisi, the only issue that is raised is as to whether or not the enhancement of the cu...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....nd then on 18-2-93 the next date fixed for filing written statement the defendant-opposite party again prayed for time to file written statement and the petitioner having raised objection to the said prayer, the learned Subordinate Judge fixed the next date on 1-3-93 for ex parte hearing. But on 1-3......nate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No.93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant/opposite parties praying for realisation of Taka 1,29,161,40 as ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....iew that said petitioner had got no scope of achieving any relief in the suit. 7. It found that the plaintiff had got a prima facie and arguable case and the defendant had no chance of loss if the prayer for temporary injunction was refused. Upon such view, it allowed the appeal and set aside the......in Other Class Suit No. 236 of 2002 and set aside the order of ad interim injunction. 2. On or about 25-6-02 opposite party No. 1 as plaintiff instituted the suit against the petitioner and others for a decree declaring the memo 19-6-02 issued by defendant No. 1 canceling the licence for exhibiti......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
....rder dated 13.10. 2010 passed by the High Court Division in writ petition No. 2910 of 2009.)
Order
1. To-day the Civil Petition for leave to appeal has been fixed for hearing. On the subsequent prayer of the petitioner an application for mandatory injunction/status quo and a contempt petition ......ttorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent Nos.1,3,4 and 5.
Not represented- Respondent No.2.
Date of hearing:
November 29, 2010.
Civil Petition for Leave to Appeal No. 2300 of 2010
(From the judgment and order dated 13.10. 2010 passed by the......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
.... Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the ......Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule ar...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145....... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....de the scope of suit for partition, which would change the nature and character of the suit. 6. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondent submitted that the prayer for declaring the decree dated 19.08.1990 passed in Other Class Suit No.81 of 1982 in respect......Barman built up 2 shops in 0100 acres of land which were given on rent to Idris Ali and Majid Khan. Mozaffar Talukder became the owner of the shops after the death of his father, Idris Ali; that the aforesaid Gopal entered into an agreement to sell the land to the plaintiff on 02.07.1973; that on 20......nted to consider the submissions of the learned Advocate-on-Record for the appellants that "in view of the suit being one for specific performance of contract, the High Court Division erred in law in remanding the suit to the lower appellate Court in order to enable the respondent to file an appliÂ......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....ts mentioned in Class‑6 and not under Class‑ 11. As such, the learned Advocate submits that the question of passing of his products as the products of the petitioner, does not arise, as such, the prayer for expunging the trade mark of the opposite party No. 1 is misconceived and the petition is ......ocate‑ For Respondent No. 1. Trade Mark Application No. 04 of 2001. Judgment ABM Khairul Haque J.- This is an application under section 46 of the Trade Marks Act, 1940 (the Act), praying for expunging the trade mark registered under No. 38818 in Class‑6 consisting of the word 'Lucky' ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....proceeds, but without any result. On the verbal order of the Administrator the plaintiff made a mosque on the suit land out of his own fund and with the help of local 'Musallis' and have been holding prayers and other religious service. 4. Further case of the plaintiff is that Defendant Nos. 2 to......ted 06‑06‑95 of the Court of Additional Subordinate Judge at Narayanganj passed in Title Suit No. 353 of 1992, which dismissed the suit. 2. The plaintiff instituted the suit against defendants for a decree of declaration that the suit land measuring 22.5 decimals fully described in schedule-K......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
.... was raping her accused Farid took pictures of her in the nude and accused Uzzal said that he could now make blue films. The witness further stated that when her mother reached home just after Magrib prayer she and Mahima narrated the whole occurrence to her. At 8-00 PM when her brother reached home......2002. Judgment Md. Imman Ali J.- This Reference under section 374 of the Code of Criminal Procedure made by the learned Judge, Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Rajshahi, is placed for conÂfirmation of the sentence of death imposed upon convict Md. Farid, Md. Kamrul Hasan @ Faroq......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......rned Special Tribunal No.5, Mymensingh, in Special Tribunal Case No.41 of 2002 convicting the jail appellant under section 19A and 19(f) of the Arms Act sentencing him to suffer rigorous imprisonment for 10(ten) years and 7 (seven) years respectively directing there under to run both the sentences c......nt case. The High Court Division erred in holding that concessionary provision of punishment as provided in section 35A of the Code is quite inconsistent with the scheme of the Special Powers Act and remanding the case on that score. 10. Their Lordships in allowing the Jail Appeal upon setting as......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....ncluding IDSC. 4. It manufactured Cold Rolled Steel out of said raw materials and exported them under different bills of export and received export proceeds. In the usual course, and upon the prayer of the petitioner for adjustment of Customs duty, VAT and IDSC, the customs duty and VAT were......ion 13(1) of the Value Added Tax Act, 1991, in short, the VAT Act. 2. The petitioner is a private company limited by shares and was duly incorporated in Chittagong. It established a heavy industry for manufacture of Cold Rolled Steel being an intermediary raw material for finished goods, namely, ......tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......tual export of the finished goods as drawback expeditiously, preÂferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....eing Title Suit No. 21 of 2000 in the court of the SubÂordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The case of the plaintiff, in short, i......77; Mallikpur Fishermen's Cooperative Society vs. Secretary, Ministry of Land 1995 BLD (AD) 243 = 48 DLR(AD) 88; Baber Ali Pramanik vs. Mosar Ali Pramanik 45 DLR(AD)120. Lawyers involved: Md. Jafor Ali, Assistant Attorney-General—For the Petitioners. M. Khaled Ahmed, Advocate—For the Op......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....ourt noticing the decision reported in 11 DLR 353 and discussing the case of Md. Azizul Bari Vs. Md. Ismail and another reported in 19 DLR 184 has held the view in the following: "giving away of a prayer mat, a copy of Holy Quran and/or a Tasbih to the donor by thee donee is not considered as a p...... @ Kazal Khan and others, 50 DLR 544; Shafiq Mia and others Vs. Hafizuddin Ahmed and others, 11 DLR 353; Md. Azizul Bari Vs. Md. Ismail and another, 19 DLR 184. Lawyers Involved: None appears for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ......‘1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Title Suit No.164 of 1998 in the Court of Subordinate Judge, 5th Court, Dhaka with a prayer to make the award of Taka 24, 00,000 (Twenty-four lac) as passed and signed on 30-5-1998 by t......impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Titl......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
....hese annexures support the submission of the learned Advocate for the petitioner.
6. The learned Deputy Attorney-General for the State though has made submission but could not virtually oppose the prayer for release of Nazma Akhter from safe custody.
7. We have considered the submissions of th......how cause as to why the detenu Nazma Akhter who is now being detained in "Nirapad Abason" under Shamaz Sheba Adhidaptor, Barisal should not be released from the safe custody.
2. The facts relevant for the purpose of disÂposal of the Rule, in short, are, that the mother of the detenu namely, Mst.......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
..
Category: Criminal Law | Date: | Hits: 41
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....nesses, the accused persons were examined under the provision of section 342 of the Code of Criminal Procedure who did not state any plea in their examination excepting claiming their innocence and a prayer for submitting some papers and documents by the accused No. 1 Jamir Ali. 7. The defence ca......3 of the Explosive Substances Act, 1908 corresponding to GR No. 767/99(A), convicting the appellants under section 3 of the Explosive Substances Act, 1908 and sentencing them to suffer transportation for life. 2. The prosecution case relevant for disposal of this Appeal is that one Rafiza Bibi lo......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....uit No. 20 of 2002, the plaintiff, Nurul Islam filed a money suit against Unilac Australia Pty Ltd. In that suit, the plaintiff filed an application for attachment, which is marked Annexure-N. In the prayer portion of the said application (Annexure-N) the plaintiff prayed for attachment of the trade......No. 11 of 2002. Judgment Md. Imman Ali J.- New Zealand Milk Brands Ltd filed the instant application under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for rectification of the Register of Trade Marks by removal of registered trademark No. 62724 in Cla...... 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. ...... 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. ..Category: Intellectual Property Law | Date: | Hits: 187
Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....etitioner has been passed mala fide. 13. In the instant case it appears that the petitioner was allotted a plot of 3 kathas of land on 30-12-1989 when he was a private citizen. Subsequently on his prayer the plot was exchanged on 14-9-1991. Although at the material time the petitioner was a Membe...... Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the petitioner in Metro Special Case No. 178 of 1999 arising out of Motijheel PS cas...... 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. ...... 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. ..Category: Anti-Corruption Laws | Date: | Hits: 140
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....al application having sought for amendmen the form of declaration of title and further declaration that the deed 22.02.1956(exhibit-1) be declared void all the co-sharers having been made parties the prayer for amendment has been allowed without objection from the defendant. The trial Court also fou......olved in case, in short, are that the predecessor of respondent Nos.1 and 59-61 instituted the above Title Suit No.207 of 1981, which was subsequently renumbered as Title Suit No.391 of 1984, praying for a decree for partition in respect of the suit land described at the schedule 'Ka' to the plaint ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..Category: Property Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....n 164 of the Code of Criminal Procedure, hereinafter referred to as the Code. The accused-petitioner on 28-7-98 prayed for certified copies of the said statements. The learned Magistrate rejected the prayer and hence is this Rule. 3. Mr. Golam Kibria, the learned Advocate appearing in support of ......tate of Madras vs. G Krishnan AIR 1961 (Mad) 92; Hussain Ershad vs. State, 48 DLR 95. Lawyers Involved: Golam Kibria, Advocate — For the Petitioner. M Imman Ali, Deputy Attorney-General— for the State. Criminal Revision No. 611 of 1998 Judgment Amirul Kabir Chowdhury J.- Challe......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..Category: Criminal Law | Date: | Hits: 25
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