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....rs and threatened to dispossess the plaintiffs from the suit land and that faced with such situation the plaintiffs filed criminal case in the Court of Magistrate, who upon hearing dismissed the case holding the defendant to be in possession of the suit land and that the plaintiff also lost in the a...... setting aside the judgment and decree dated 27.7.1994 passed in Title Suit No. 34 of 1989 by the 1st Court of Subordinate Judge, Munshiganj, dismissing the suit filed for declaration of title and recovery of khas possession.
2. The plaintiff filed Title Suit No.34 of 1989 in the Court of Subordi..
Category: Property Law | Date: | Hits: 81
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
....o the date of filing of the suit. The bank also claimed some damages at the rate of Taka 19.90% per annum till realisation of the aforesaid amount. The trial Court it appears decreed the suit in part holding that in Ext.1 there is no mention of awarding damages. 13. We have considered the whole a......accepted Taka 1,60,000.00 on condition of paying of Taka 1,75,925.00. The difference is calculated as profit. So the basis of calculation of the damages is there in the agreement. But the trial Court overlooked it. 6. Mr. Mahmudul Islam, the learned Counsel appearing on behalf of the respondent, ..Category: Banking Law | Date: | Hits: 199
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
...., no incriminating article was recovered from their control and possession, nor the accused-appellants were placed in TI parade, but the learned trial Court arrived at a decision on guess and surmise holding the accused-appellants guilty for the offence charged under section 395 of the Penal Code on......e to the file of the present trial Court who on the basis of materials available on record framed charge against the accused-appellants and others under sections 395/397 of the Penal Code and read it over to the accused persons in dock who pleaded not guilty and demanded trial. 5. The prosecution..Category: Criminal Law | Date: | Hits: 67
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....84 hereafter called “The Ordinance” and raised the following questions for our opinion: (i) Whether in the facts and circumstances of the case the learned Taxes Appellate Tribunal was right in holding that the claim of investment in respect of capital borrowed for business was not an allowabl......ent of interest on borrowed capital and in arriving at that finding he has specifically observed that on the day when the loans were advanced by the assessee company to third parties they were fully covered by the companies capital and other liabilities than the said Bank loan and the learned Senior..Category: Fiscal/Taxation Law | Date: | Hits: 135
....oth the parties examined witness and their documents were admitted into evidence.
7. The learned Sub-ordinate Judge by the impugned judgment and decree dated 02.11.1996 decreed the suit on contest holding that the defendant No.1 and 2 (appellants) are not entitled to get any kabala deed executed ......he impugned judgment and decree.
11. Upon considering the case of both the parties as made out in their respective pleadings we need to fram the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to p..
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....trial the petitioner was a child as contemplated in the Children Act, 1974. More so, no such grievance was made before the trial Court and as such there has not been any scope for the trial Court for holding any inquiry as to the age of the petitioner. In such view of the matter, the petitioner's th...... Imman Ali J Sheikh Abdul Awal J Bangladesh Legal Aid and Services Trust (BLAST) and another ..........Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others ...........Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
...., Bhutto and 2/3 other unknown persons brought those arms. The appellants were arrested under section 54 of the CrPC. 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 miscreant......started fleeing away from their place of assembly. The appellants were arrested and brought back to the: place where they were found waiting and as many as 5 kirizes, one chapati and 2 knives were recovered from their possession. 4. Mrs. Umme Kulsum Rekha, learned Advocate for the appellants subm..Category: Criminal Law | Date: | Hits: 38
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....t be allowed, although the High Court Division never found and the same has occasioned failure of justice. The learned Advocate further submits that the learned Subordinate Judge also erred in law in holding of surmises and conjectures that the petitioner had earlier knowledge about the death of dec......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541...Category: Property Law | Date: | Hits: 73
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....at the petitioners appeal was rejected on the flimsy ground of being barred by limitation instead of considering the grievance of the petitioner and not being served with any show cause notice or not holding any enquiry as contemplated under section 45 of the VAT Act, 1991 prior to re-opening of the......tter of fact on perusal of the same in Annexure-D it is very much clear that on the fact of the matter the same was a demand simpliciter claiming Taka 1,98,316.00 due from the petitioner for alleged government revenue. 7. From the aforesaid sequence of event it can be concluded that the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 139
....Having given our anxious consideration to the materials on record and on hearing the learned Advocates of both the sides we hold that the Registrar of the Trade Mark committed illegality and wrong in holding that the objector-respondent is a person aggrieved and he is entitled to bring an objection ......he members of the public. Cautionary notices were also published from time to time in the newspapers. This registration of the mark conferred upon the registered owner an exclusive and monopoly right over the trade mark “Supermax” for use on blades in Bangladesh. There was no question of visual ..
Category: Intellectual Property Law | Date: | Hits: 319
Ekramul Huq @ Bachchu and another Vs. State, 1999, 28 CLC (HCD)
....its trial by a competent Court. He has also pointed out that the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 was repealed by a fresh legislation in 1995 and, as such, there is no scope of holding any fresh trial for the offences committed under that Ordinance. The learned Assistant Attor...... cannot pass an order for re-trial. 9. We are of the view that the facts and circumstances of the above two reported cases are different from the facts and circumstances of the case before us. Moreover we have no intention to pass any order for retrial. In the facts and circumstances of the prese..Category: Criminal Law | Date: | Hits: 90
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....ion, Chittagong and then by judgment and order dated 30-7-86, the said Civil Rule was made absolute by the High Court Division restraining the customs authority from disposing of the said coconut oil holding that MV Alba is the changed name of MV Alsara. 5. The respondent No.1 contested the Rule ......Member National Board of Revenue by order dated 28-1-88 (Annexure-K) set aside the aforesaid order dated 4-6-87. Thereafter revision, under section 196B of the Customs Act 1969, was initiated by the government against the aforesaid order dated 28-1-88 which was heard by respondent Nos. 1, 2 and 3 by..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....0 accused persons including the appellants were alleged to be arrested with 2 arms and some ammunition considering them they were engaged in piracy but there is no specific allegation against them of holding the fire arms of ammunition by any of the accused persons, the trial court even though rejec......olding the fire arms of ammunition by any of the accused persons, the trial court even though rejected the prayer for bail on holding that there is a specific allegation against the appellants and recovery of fire arms and ammunition were made from the specific control and possession of the appellan..Category: Criminal Law | Date: | Hits: 60
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....The Supreme Court of India in MC Mehta Vs. Kamal Nath (1996 (6) Scale (SP) 10(1), came out with a mile stone decision to expound the fullest import of the English Common Law doctrine of Public Trust, holding that the Public Trust Doctrine in the English Common Law extended only to certain traditiona......ury 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…………………..Category: Constitutional Law | Date: | Hits: 231
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....w comes whether in view of delegation of power or duty in the matter by section 9 of the Act the Bureau of Anti-Corruption can issue such order as contemplated under section 4(1) of the Act after the holding of the enquiry as required having got itself the satisfaction as contemplated under the said...... Supreme Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Abdul Quddus J Begum Tahmina…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Prime Ministers Secretariat, Dhaka and others..Category: Criminal Law | Date: | Hits: 78
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....nt after the expiration of the assessment year 1981-82 which was upto 30-6-82 and issuance of notice under section 34(1) on 6-12-83 was valid and legal. We also find that the Tribunal erred in law in holding that the validity of the notice issued under section 22(2) clearly extinguished after the ex......he learned Deputy Attorney-General, on the other hand, contended that the period of limitation as contemplated in proviso (iii) of sub-section (2) of section 34 applies only in those cases which are covered by sub-clause (b) & (c) of sub-section (1A) of section 34. Since the applicant did not fi..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ms and conditions given by the Government to BSRS under the respective line of credit, in the instant case being 4% above the Bank rate subject to minimum 14.5% under Saudi Grant II and wrongly holding that BSRS Office Order No. 56/82 dated 19.9.82 envisaged 1% less interest. 11. Because t......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 Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....2007 applies also to the Supreme Court as defined in Article 152 of the Constitution providing "Court" means any "Court of law including Supreme Court" and therefore, the High Court Division erred in holding that "Court" did not include "the Supreme Court." 7. It was submitted on behalf of the r......l to his firm and the respondent No.2 sold fuel accordingly. On 31.01.2007 the informant party on the basis of a G.D. Entry No. 1025 dated 31.01.2007 raided the compound of the respondent No.1 and recovered 50,000 liters of fuel and lodged the FIR with Dighalia Police Station alleging that the respo..Category: Criminal Law | Date: | Hits: 100
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....s plaintiff instituted the suit for specific performance of an agreement for sale of land measuring about 0.2631 acre. The plaint case, in short, is that land measuring 41 shatak of the suit plot and holding was originally owned and possessed by Tusta Pramanik. Tusta Pramanik died leaving his wife S......f the agreement dated 5-10-79 the ‘Kabala’ was to be executed and registered within three months from that. The agreement does not appear to have made the time as an essence of the agreement. Moreover, the Courts below have found that the suit is not barred by limitation as Sharijan Nessa could ..Category: Property Law | Date: | Hits: 91
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....present case is liable to be dismissed. 10. Miscellaneous Case No. 493 of 1990 was fixed for hearing on 28-8-91 and the learned Court after hearing the parties rejected the said Miscellaneous Case holding that the case is not maintainable under section 17(1) of the SCC as the order dated 4-8-90 p......rts Act for setting aside the ex parte decree and for restoration of the said suit in its original file and number. 7. The said Miscellaneous case was fixed for hearing on 2-8-90 and 2-8-90 being Government holiday, the file was put up for hearing on 4-8-90 and the defendant-petitioner having bee..Category: Civil Law | Date: | Hits: 86
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