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Abdul Mannan alias Mona Miah Vs. State, 2002, 31 CLC (HCD)
....llah, Deputy Attorney-General with Fara Mahmuda, Assistant Attorney-General—For the State. Md. Azizul Haq with AM Mahbubuddin Ahmed with Fazlul Karim Chowdhury, Advocates—For the Condemned Prisoner. Death Reference No. 9 of 1999 with Criminal Appeal No. 152 of 1999 with Jail Appeal No. 13......ever of demand of any dowry either before or after the marriage. He next submits that the UD Case No. 5 dated 29-11-1997 was filed on the written first information report of PW1 and therefore, the so called first information report Exhibit 1 is only a statement under section 161, Cr.P.C. and no firs...... of Additional Sessions Judge, and Nari-o Shishu Nirjatan Daman Bishesh Adalat No. 2, Noakhali for necessary action in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 91. ..Category: Criminal Law | Date: | Hits: 96
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
.... Hossain J.- This appeal by leave, is directed against the judgment and order dated 27-07-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 348 of 1985 making the Rule absolute-in-part with a direction to the writ respondent No. 1-Appellant to deliver possession of th...... Advocate appearing on behalf of the respondent submits that the High Court Division has committed no wrong in making the Rule absolute with direction as stated above and as such no interference is called for. 10. We have heard the learned Attorney General for the petitioners, the learned Advoc......tling the outstanding dispute regarding release of the properties and payment of compensation by the writ respondents for withholding payment of compensation and occupying the godowns legally causing loss to the writ-petitioners to the tune of Tk.1. crore. In the circumstances, the writ petitioners-..Category: Property Law | Date: | Hits: 128
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....A.A.T. Appeal No.137 of 2004 allowing the appeal and thereby setting aside the judgment and order dated 25.04.2004 passed by the Member of the Administrative Tribunal No.1 in Case No.89 of 2000 and also dismissing the A.T. Case on the point of limitation. 2. The facts, in short, are that the peti......he Administrative Appellate Tribunal No.137 of 2004. 12. The Appellate Tribunal by the order dated 27.09.2004 admitted the appeal and issued notices upon the respondents (the present petitioners), called for the records of the case, fixing 07.12.2004 for filing memo-in-opposition. The order dated......smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ..Category: Administrative Law | Date: | Hits: 215
....nj, for declaration of title and for khas possession. The plaintiffs case in short is that one Kademunnessa Khatun was the superior landlord of the suit land and Salim Khan, Alep Khan and Fazil Khan, sons of Baru Khan, were bargadars under the said landlord and the same has been correctly recorded i...... 216, we are of the opinion that the High Court Division has passed the impugned judgment and order in accordance with law on due consideration of the materials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
......rials on record and hence no interference is called for.
Accordingly the application for leave to appeal is dismissed without costs.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 105...
Category: Property Law | Date: | Hits: 81
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....o.2 is the owner and defendant No.3 is his wife. This defendant No.2 while maintaining current account No.870 with the plaintiff bank purchased medicines worth Taka 1,75,925.00 on hire and those were sold to the defendants on the basis of sanction order dated 7-5-88. The price of medicine was Taka 1......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......he defendant on accepting the quantum of profit took the delivery of medicines but he only repaid Taka 11,000.00 and after that till date he has not paid a single farthing for which the bank suffered loss and damages. It is submitted that the trial Court illegally found that in the agreement there w..Category: Banking Law | Date: | Hits: 199
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....llowable deduction from the income of the applicant. (ii) Whether in the facts and circumstances of the case the learned Taxes Appellate Tribunal was right in holding that giving loans to others ipso facto is a ground for disallowing the claim for interest in respect of capital borrowed for the p......pplicant and being aggrieved by the aforesaid judgment of the Appellate Tribunal the assessee applicant preferred the aforesaid reference under section 160 of the Income Tax Ordinance, 1984 hereafter called “The Ordinance” and raised the following questions for our opinion: (i) Whether in the......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)
....o.1 will pass off as the goods of the higher quality of the appellant and as a result the innocent and unwary public will be deceived as a result thereby apart from the fact that the appellant will also suffer irreparable loss and injury in their trade and reputation. The appellant has given world w......tries of the world. To protect and safeguard their right, interests and titled to such trade mark in Bangladesh the appellants applied for its registration to the Registrar of trade marks hereinafter called “the Registrar” and that application has been numbered as 16272 in Class-25. It is furthe......he goods of the higher quality of the appellant and as a result the innocent and unwary public will be deceived as a result thereby apart from the fact that the appellant will also suffer irreparable loss and injury in their trade and reputation. The appellant has given world wide publicity of their..Category: Intellectual Property Law | Date: | Hits: 210
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others .......................Respondents Judgment March 2, 2010. Result: The Rule is made absolute in part. Cases Referred to- Sheela Barse and another Vs. Union of India and others, AIR......ferent ways under different circumstances. The members of the public who are against the death penalty usually may change their views if in a certain case they are the victims of any occurrence which called for the death penalty. Murder is a very abhorrent act, but still there are citizens who will ......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. ..Category: Criminal Law | Date: | Hits: 128
.... registered trade mark and that the mark was given wide publicity through newspaper and various other media which attained wide popularity amongst the members of the public. Cautionary notices were also published from time to time in the newspapers. This registration of the mark conferred upon the r......6/93 is hereby set aside and the appellant’s mark is restored to its original position.
Send down the lower Court records expeditiously.
Ed.
This Case is also Reported in: 51 DLR (1999) 237.......l sense and not merely in a fantastic view. In the case of Ellis & Co’s TM reported in 21 RPC 617 it has been held that ‘every person who will in a reasonable probability suffer any injury or loss (using those words in a legal and not in a sentimental sense) from the other persons claiming t..
Category: Intellectual Property Law | Date: | Hits: 319
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... for amendment as prayed for is allowed and made a part of the prayer. 3. The petitioner’s case is as follows: He comes from a respectable family of Chittagong and took up a career of banking soon after his graduation in 1964. He joined the then Standard Bank in 1964 as a junior executive an....... Power of Bangladesh Bank to remove directors etc. from office.- (1) Where the Bangladesh Bank is satisfied that it is necessary to remove the Chairman, director or chief executive, by whatever name called, of a banking company in the public interest or to prevent the affairs of a banking company b......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....had been performing his duties most satisfactorily. However suddenly he received the memo dated 29-6-92 (Annexure-C), issued from the office of respondent No.2 whereby without showing any cause or reason whatsoever, was informed that his appointment as Project Director has been cancelled with immedi......ointment could be cancelled by the respondent Nos. 1 & 2 and accordingly, we find no illegality in the impugned order cancelling re-employment 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 Cas......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
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....in Choudhury J Shah Abdul Hannan and others ………………………………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Energy and Mineral Resources,Government of Bangladesh, Bangladesh Secretariat, Segunbagicha, Dhaka and others…………......ese documents are kept secret, were, nevertheless, able to procure them, leaving one to wonder how they had access to them if they were kept in Alibaba’s Cave. It is interesting to note that the so-called public concern is being voiced only since the last year or so, whereas the first PSC was exec...... Bangladesh would find itself in grievous predicament and be constrained to import it from abroad. 18. Gas scarcity is already taking it’s toll on the power sector, causing substantial economic loss, which will remain in progression. At the moment only 2-3% of the populace enjoy the privilege ..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....ove impugned notice dated 27-3-94 (Annexure-A) under section 4(1) of the Anti-Corruption Act asking her to submit statements of her properties moveable and immoveable including liabilities disclosing sources of her income standing in her own name or in the names of her dependents within 45 days fail......ection 3 runs as below,- “3. Constitution and powers of the Bureau.— (1) Notwithstanding anything contained in the Police Act, 1861 (V of 1861), the Government may constitute a Bureau to be called the Bureau of Anti-Corruption for enquiry into and investigation in the offences specified in......-2/5231 dated 27-3-94 (Annexure-A) to the writ petition is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 503. ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....n 561A CrPC on the prayer of the four accused petitioners, namely (1) Shamsuddin Ahmed, Assistant Editor Daily Jana Kantha, (2) Md. Atiqullah Khan Masud, Editor, Daily Jana Kantha, (3) Toab Khan, Advisory Editor, Daily Jana Kantha and (4) Borhan Ahmed, Executive Editor, Daily, Jana Kantha, having it......ing of any Muslim or to distort the meaning of the said Sura or the Holy Quran. 7. The intention of the publication was to make the real Muslim aware about the false interpretation given by the so-called half educated and self-claimed preachers of Islam in the society. In fact, the petitioners wh......nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497...Category: Criminal Law | Date: | Hits: 52
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....in upholding the action of the Commissioner of Taxes (Appeal) in construing the receipt of the order by the Authorised representative as the receipt of the Assessee though he received the order after some time. (c) Whether the Taxes Appellate Tribunal Division Bench-I, Dhaka was justified in law ......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......he Commissioner of Taxes (Appeal).” 2. The relevant facts may be stated as follows: The applicant assessee is manufacturer of Bins which filed a return for the assessment year 1989-90 showing loss of Taka 6,11,500.00. The income tax officer assessed income at Taka 26,50,771.00. Being aggriev..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....r rule 17 or rule 18 the appellant may appeal and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks......ice. The learned Advocate further submits that in view of the fact that the appellants failed to prove that they were prevented by sufficient cause from appearing before the Court when the appeal was called for hearing the learned Subordinate Judge erred in law in re-admitting the appeal illegally a......-6-91 is maintained. 8. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 450. ..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es of the case when the assessment proceedings were in a state of pendency following issue of notices under sections 22(2) and 22(4) whether it could have been said that income had escaped assessment so that a notice under section 34 of the Income Tax Act, 1922 could validly be issued. (iii) Whet......t file any return for the assessment year 1981-82 and on his failure to file the return the assessing authority issued a notice on 12-3-82 under section 22(2) of the Income Tax Act, 1922 (hereinafter called the Act) calling for the return in terms of the said notice. The assessee applicant did not c......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
.... but only Taka 35 lac was sanctioned and paid. Since the money was not sufficient enough to complete the project the plaintiff company prayed for further loan of Taka 15 lac and the defendants Bank also sanctioned Taka 5 lac but in fact paid only 4 lac in different instalments. The further case of t......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. ......ate with the plaintiff company in realizing the claim for damage from Insurance Company, obstructed the plaintiff in getting loan from the other Banks and financial organisations and thus caused huge loss to the plaintiff company. The further case of the plaintiff is that there was flood and politic..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ined on the basis of terms and conditions as received from the Government. The plaintiff claimed that New Industrial Policy (NTP) of 1982 came into force on 1.7.82, in which the Government introduced some incentives for the industries located in less developed areas and for 100% export oriented in......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. ......eceived from the government and the money which is recovered from a borrower is also deposited in the Bangladesh Bank. He has further submitted that annual statement of account including profit and loss, balance-sheet etc., are prepared under Article 29 of the Bangladesh Shilpa Rin Sangstha Order,..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ower 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 offences mentioned in rules 14 and 15. However ......Panir Vs. Bangladesh reported in 44 DLR (AD) 319 held:- "Therefore the broad decision that a law can be declared void in case of a conflict with any provision of Part II of the Constitution was uncalled for and made on hypothetical facts. This, as a rule, the Courts always abhor. The Court does ......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. ..Category: Criminal Law | Date: | Hits: 100
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