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Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....and dragged him in the southern room. Then one of them dealt an iron rod blow on the shoulder and back of Abdul Khaleque. Two of them came in front of the informant Rahena Akthar with knives in their hands and they ordered her to keep mum, otherwise they would finish her off. The remaining 3 people ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..

Category: Criminal Law | Date: | Hits: 91

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

....) Where important questions of law are involved or considerable section of public is interested in the litigation (ix) To prevent abuse of the process of Court; 15. The following, on the other hand, have been held not to be sufficient grounds for transfer: (i) Mere fact that the opposite ...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....ia Pervin Liza will get maintenance. 19. The contention of defendant-petitioner is that she will get maintenance till she attains the age of puberty that is up to 15 years of her age. On the other hand, the contention of plaintiff-opposite party is that she will get maintenance till her marriage.......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..

Category: Family Law | Date: | Hits: 214

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....Assistant Attorney-General and Nazmul Haque, Assistant Attorney-General—For the State. Khalilur Rahman Bhuiyan, State Defence Lawyer—For the Condemned-Prisoner Shahidul Islam alias Shahid. Khandaker Mahbuh Hossain with Anisul Huq, Mosharraf Hossain, Sk. Mohammad Ali and Md. Masud-ul-Haque,...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)

....tated in 'Kha' scheduled land is illegal, without jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 2......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..

Category: Property Law | Date: | Hits: 70

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

.... 11. 6. Mr. Mosharraf Hossain Khan, the learned Deputy Attorney-General appearing along with Mr. Kazi Waliul Islam, the learned Assistant Attorney General on behalf of the respondent, on the other hand, submits that although the DCT disallowed the expenditure on some heads of the account yet the ......ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....received by KEB at 9­:00 AM on Monday that is 5‑7‑1993 because of the fact that the banks in Korea remained closed from 1:30 PM on Saturday until 9:00 AM of Monday. The branch office of KEB that handled the matter received the telex on Tuesday, that is 6‑7‑1993. First defendant on behalf of......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

Category: Business or Commercial Law | Date: | Hits: 289

Dr. Md. Abu Obaidah Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....s under the definition employee of the said company. Therefore, he should be given exemption on house rent allowance. 7. Mr. Kazi Waliul Islam, the learned Assistant Attorney-General, on the other hand, by referring to Rule 33(3) (b) of the Income Tax Rules, submits that the assessee being admitt...... the learned Advocate for the applicant. Thus, question Nos. (iii) and (iv) are also decided in the affirmative in favour of the Department. Ed. This Case is also Reported in : 58 DLR (2006) 515...

Category: Fiscal/Taxation Law | Date: | Hits: 91

Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....l FV Shin Fa Chern # 20 with 13 crews were arrested by the Bangladesh Navy and the case was started in the Patenga Police Station being No. 10 dated 24-9-2000. Thereafter, on 30-9-2000 the vessel was handed over to the Marine Fisheries Department by the Bangladesh Navy as nobody claimed the vessel. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 221

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....is not actually done. In this context, he submits that the respondents committed illegality in issuing the impugned orders which are liable to be declared without lawful authority. 9. On the other hand, Mr. Kazi Waliul Islam, the learned Assistant Attorney-General appearing on behalf of the respo...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

....iable to be set aside. In support, he cited 6 MLR 199, Abul Quashem and another Vs. Hafizur Rahman and others. 18. Mr. Sadananda Rana learned Advocate for plaintiffs-opposite parties, on the other hand, submits that both the courts below decreed the suit as prayed for and such decree is now bindi...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

....ion of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the case referred to above fully applies in the facts and circumstances of the case in hand. 17. In fact, the question of determination of age of a person is a highly contentious issue...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

....lated in the National Assembly of Bangladesh. There was no suggestion that the petitioners had any ulterior motive in filing the instant writ. We also do not consider them as busybodies. On the other hand, in view of the wide berth given to the meaning of the phrase 'person aggrieved' in the case of...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441...

Category: Environmental Law | Date: | Hits: 484

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....e the arbitration clause in the contract, the present writ petition is maintainable. 6. Mr. Mrinal Kanti Biswas, learned Advocate appearing on behalf of respondent Nos. 1, 4, 6 and 7, on the other hand, submit that the present Writ petition is not maintainable as there is scope for arbitration fo......ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431...

Category: Business or Commercial Law | Date: | Hits: 186

Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)

.... night he along with his wife Nandita were sleeping in their house when the informant's elder brother Jenu Lal Barua went out to respond to the call of nature at about 12 in the night with a torch in hand and had seen Kanu Barua, Kazal Barua and Kazal Barua's cousin and other 15/20 persons rented by......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351...

Category: Criminal Law | Date: | Hits: 59

State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)

....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 200......nd circumstances of the instant case. In this connection reliance may be made on the case of Bhagat Singh and another Vs. Emperor AIR 1930 (Lahore) 266 wherein it is held: "The defence that these bombs were designedly constructed with a weak charge and were deliberately thrown at places where th..

Category: Criminal Law | Date: | Hits: 236

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

.... others, 1986 BLD (AD) 261 = 38 DLR (AD) 246, Ghulam Mustafa Vs. Abdul Karim and others, 16 DLR (WP) 27; Saber Ahmed and 30 others Vs. Amir Hamja and 6 others, 31 DLR 169; Md. Shamsul Alam Vs. Kanak Chandra Shomee and another, 31 DLR (AD) 150; Nader Ali Sheikh Vs. State and others, 35 DLR 180; Md. A......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364...

Category: Criminal Law | Date: | Hits: 55

Firoz Hossain Shah (Md.) Vs. State, 2005, 34 CLC (HCD)

....used petitioner, as such, for ends of justice, the aforesaid case is liable to be quashed. 3. Mr. Md. Shafiquel Islam Siddique, learned Advocate appearing for the opposite party No.2, on the other hand, submits that the petition of complaint disclosed sufficient ingredients for prosecuting the ac...... in the Court of Magistrate, First Class, Rangpur is quashed. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 58 DLR (2006) 361. ..

Category: Criminal Law | Date: | Hits: 46

Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)

.... the accused the neighboring witnesses nished there and saw the injured condition of the deceased with profuse bleeding and they also had seen accused Mazid to go out of the house with a knife at his hand and subsequently, he fled away by throwing the dagger near the place of occurrence. Subsequentl...... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355...

Category: Criminal Law | Date: | Hits: 93

Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)

....TM-5 stating, inter alia, that they are the internationally reputed manufacturers and merchants of men, women and children clothing’s, including sport and casual wear, shirts, pants, skirts, socks, handkerchiefs, coats, rainwear, jacket slippers, sandals, shoes and headgear and all these goods hav......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...

Category: Intellectual Property Law | Date: | Hits: 189