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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......s state of the law, other statutes in pari materia, the general scope of the statute and the mischief that it was intended to remedy, as has been mandated by the Supreme Court of India in the case of Union of India vs Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563. In this regard, t......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)

....followed in this case we find no scope whatever for Court's interference with the authority's finding and decision imposing compulsory retirement from the service. The petitioner was appointed in the post of Sub-Assistant Engineer on 11-11-1982 under the respondent No. 1, Bangladesh Water Developmen......ken against him within 7 days from the date of receipt of the said notice which was answered by the petitioner on 6-12-1993 denying all the allegations made therein. After receiving that reply a four-member inquiry committee headed by the Chief Engineer physically inquired into the work done from 8-...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..

Category: Employment/Service Law | Date: | Hits: 76

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....iable to be realised under Artha Rin Adalat Ain, 1990 include interest thereon and the financial institution granting loan are legally entitled to realise the interest on the loan amount and it is preposterous to submit that the loan amount is only realisable under the Artha Rin Adalat Act and the a......ent purpose as the very heading of the section is in the style of "Effect of repeal". In fact, section 6(e) is not at all applicable where the repeal is followed by a fresh legislation. It is to be remembered that where a sta­tute is repealed and a new statute takes place for the same purpose, the ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged with­out any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..

Category: Others | Date: | Hits: 104

Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)

.... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... the section can only be held valid when the prosecution proves in addition to possession that the accused used the note or having reason to believe the same to be forged or counterfeit. It must be remembered that in course of daily interaction with various people a fake or counterfeit note may come...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ...... a copy of the judgment for information and taking necessary action.  Ed.  This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......strial Property, the mark Liberty for shoes which has been registered as a famous trade mark in some of the countries of the world, including India, deserves to be protected in Bangladesh, one of the members of the union, as well known Trade Mark and the registered mark being C-6724 in Class-25 is l......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)

....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..

Category: Criminal Law | Date: | Hits: 29

Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)

....igious institutions established by religious philanthropists. Attracted by the advertisement published by the National Uni­versity in 'The Daily Inqilab' on 17-8-2004, the petitioner applied for the post of Lecturer in Arabic after observing all necessary formalities. Having received an interview c......ily Inqilab' on 17-8-2004, the petitioner applied for the post of Lecturer in Arabic after observing all necessary formalities. Having received an interview card, the petitioner appeared before the 4-member Selection Board. The peti­tioner was confident of getting the letter of appoint­ment dated ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ..

Category: Employment/Service Law | Date: | Hits: 65

Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)

....tending, inter alia, that the suit is not maintainable in its present form. Their positive case, in brief, was that the plaintiff on 29-10-1972 was appointed on an hoc basis in the Rupali Bank in the post of Clerk. The service of the plaintiff was guided by Rupali Bank Service Rules. While he was po......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...

Category: Criminal Law | Date: | Hits: 29

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....mpany including the petitioner provided their personal guarantee as security for repayment of loan. Thus even though the petitioner transferred his share in the borrower company and resigned from the post of directorship on 7-8-1985 the peti­tioner has not been able to show any paper that the leadi......been sanctioned by any banking company, whether availed of or not, and includes- (i) In the case of a company or Corporation, its subsidiaries; (ii) In the case of a Hindu undivided family, any member thereof, or any firm in which such member is a partner; (iii) in the case of a firm any p......d to have been made 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) 540; 13 MLR (HCD) (2008) 353. ......d to have been made 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) 540; 13 MLR (HCD) (2008) 353. ..

Category: Banking Law | Date: | Hits: 124

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....ication under Article 102 of the Constitution of the People's Republic of Bangla­desh, calling upon the respondents to show cause as to why, the impugned order of transfer of the petitioner from the post of Civil Surgeon, Jhenidah to Health Directorate, Dhaka, as Assistant Director, under the Signa......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......on 81(2) read with section 85(3) of the Companies Act for a direction to hold annual general meetings of the Company for the years from 1982 to 1997 by condoning the delay in holding such meetings. A member or a director of a Company can invoke the jurisdiction under section 81(2) of the High Court ......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......ical/A/Sc/61/222 dated 16.08.2002 has been issued by the respondent No. 4 in violation of Section 13 of the Chittagong Port Dock; that the appel­lants are the victim of the conflict of 4(four) Tribe Union in Chittagong Dock and the impugned order was issued in violation of Section 15 and 26 of the ......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803...

Category: Labour and Industrial Law | Date: | Hits: 109

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

....inistrative Tribunal No. 3, Dhaka. 2. The facts involved in the facts, in short, are that the petitioner in Appeal No.32 of 2006 was appointed as an Examiner of Coin/Note and was pro­moted to the post of Coin/Note Examiner Grade-2 on 23.02.1997 and confirmed in the post and thereafter he was pro...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....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. ......oduced not by the petitioner but by the opposite party No. 1, although on paper it may be shown as CI Fittings. 23. In deciding the question of similarity between the two marks the test is whether member of the public is at risk to be confused or deceived. Actual confusion or deception is not nec......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

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......ে কাজী ডাকিয়া আনিয়া বিবহ করাইয়া দিয়াছে। I and in cross-examination, he stated that marriage was solem­nised by the Kazi of Murapara Union and there was sweets in that ceremony. 18. PW 9 Billal Miah, Sub-Inspector of Rupganj ......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...

Category: Criminal Law | Date: | Hits: 44

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦...Respondent Judgment April 5, 2007. Cases Referred To- Monir Hossain (Md) @ Monir Hossain vs State 53 DLR 411; Sheele Barse vs Union of India AIR 1986 SC 1773; Baktiar Hossain vs State 47 DLR 542; State vs Deputy Commissioner 4......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

.... After the death of the victim Mahima, UD case No.4/02 was lodged upon receiving infor­mation from the hospital authorities and inquest was held on the dead body before it was sent to the morgue for postmortem examination. A separate case, being Putia Police Station Case No. 22 dated 19-2-2002 unde......te neighbours who heard directly from the victim, that she was raped by the accused persons and this fact has been corroborated by the post-mortem examination and the evidence given in Court by all 3 members of the Board of Doctors who conducted the post-mortem examina­tion. The learned Deputy Atto......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

Taju and others Vs. State, 2007, 36 CLC (HCD)

.... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... these terms apply in different footing in the facts and circumstances and upon the critical analysis and assessment of the evidence on record of individual case. 40. Moreover, we must also remember that first information report is only the beginning of a particular criminal case. It just se...... the State defence they stated that they cannot say who brought the victim at the place of occurrence and who injured her. 21. PW 6 Md. Yunus Miah is the inhabitant of village East Haripur of Union Musapur. He also stated that on the date of occurrence in the evening after seeing some person...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..

Category: Criminal Law | Date: | Hits: 42

Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)

....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......on and in his cross-examination he admitted that accused-appellant is his brother by village courtesy. He was cross-examined by the defence. 15. PW 6 Md. Rezaul Karim is a police witness and a member of the raiding party who narrated the entire occurrence as it has been deposed by PW 1, the i......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expedi­tiously. Ed. This Case is also Reported in: 59 DLR (2007) 492...

Category: Criminal Law | Date: | Hits: 42

Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....o. 60220 is hereby declared to have been made 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) 451....... been sanctioned by any banking company, whether availed of or not, and includes (i) in the case of a company or Corporation, its subsidiaries; (ii) in the case of a Hindu undivided family, any member thereof, or any firm in which such member is a partner. (iii) in the case of a firm any pa......o. 60220 is hereby declared to have been made 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) 451.......o. 60220 is hereby declared to have been made 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) 451...

Category: Banking Law | Date: | Hits: 125