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Karam Ali Vs. State, 2001, 30 CLC (HCD)
....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......tly commit or attempt to commit a robbery, or where the whole number of persons conjointly are committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting aiding, is said to commit “dacoity..Category: Criminal Law | Date: | Hits: 97
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......count-holder Haji Asgar Ali. Thereafter two bearer cheques were deposited in the said savings Bank account No.5131 in the name of Haji Asgar Ali on different dates. Subsequently, by forged cheques an amount of Taka 93,060.00 was withdrawn from the account by false personation. Ultimately, it transpi..Category: Criminal Law | Date: | Hits: 40
Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)
.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......le and acceptable ground for his coming late. The judicial discretion to be exercised by the Court in condoning any justifiable delay is never circumscribed by any rule of law or established judicial principle, the supreme consideration in the whole scheme of the different Codes of law, being the ad...... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ..Category: Criminal Law | Date: | Hits: 32
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ......ut has not provided that the breach of the provisions constituting an offence and or that the breach shall entail penalties by way of fine not exceeding Taka fifty thousand. 7. It is now a settled principle of law as to the interpretation of any statute that if the law providing any obligation is......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......e defendant Nos. 1-4 i.e. the sons and daughters through his first wife and also the sons and daughters of Alimuddin through the plaintiff, i.e., defendant Nos. 5-12. Though Alimuddin paid the entire amount of Taka 4, 181, 28 against the allotment of Ka schedule property made in his favour on 16-7-6..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......e defendants. The presence of the Province of East Pakistan thus becomes necessary for the purpose of enabling the Court to receive all relevant information which will give guidance as to appropriate principles applicable to the case.” 12. In the case of Bajrang Lal Agarwala, ATM Afzal J, as hi......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......n to the decree-holder. My answer is no. I, therefore, cannot with due respect, share the view of learned single Judge in the case of Md. Islam as that is not the correct statement of law. I find the principle on which the Division Bench of the Calcutta High Court in the case of Shah Abdul Hamid aff......jurisdiction. In deciding the issue, one of the learned Judges observed that when the plaintiff is out of possession of joint property the grant to him of separate possession of his partitioned share amounts to two reliefs: 1. joint possession of his share, and 2. the transformation of that jo..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost 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) 340....... Artha Rin Adalat.” 8. It further appears that in Sultana Jute Mills case the scope and implication of Articles 109 and 114 of the Constitution were not raised at all. 9. It is also a settled principle of law that if the Court is one from which appeal lies to the High Court though in certain......ection 151 CPC is maintainable and that an aggrieved party may only file an appeal or an application under Order 9 rule 13 CPC for setting aside the ex parte decree by depositing half of the decretal amount as provided in section 6(2), the said Artha Rin Adalat Act in this regard. But by the impugne..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......n the case between Akhter Hossain and others Vs. State, reported in 4 BLC 236 and another case in between Abdul Wahed alias Chandu Mia Vs. State, reported in the same BLC 320, that this is a settled principle that in case of carnal offence the prosecution is to be believed in awarding conviction to......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......the instant case the writ petitioner was neither given any hearing nor informed about the fate of his application till date. The respondent has thus acted illegally, male fide and in violation of the principle of natural justice and thus Articles 19 and 27 of the Constitution have been violated. ......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......e lands of a holding or a portion of such lands are lost by diluvion, the rent of the holding shall, on application made by the tenant in the prescribed from to the Revenue-Officer, be abated by such amount as may be considered by the Revenue-Officer to be fair and equitable in accordance with the r..Category: Property Law | Date: | Hits: 68
.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
......dgment consideration is given to a prior case of Bassra Soap Factory Vs. Punjab Soap Factory reported in PLD 1973 Karachi 279 wherein it is held, “Implicit in rule 23 of the Trade Mark Rules is the principle that notice should be sent to all the persons or applicants who either have a registered t...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......hout gullibility, as no usurper can survive unless blanketed by judicial stuffing. With his resplendent submission, Mr. Islam asserted that through cyclic martial law, attempts were made to undo the principles on which the war of liberation was fought. He stated that General Ziaur Rahman, assisted ......r 1984, Kala Miah along with his son was busy in selling spices in the market. During the period of intermission Kala sent his son off to their residence to fetch lunch items. His son was carrying an amount of Tk.1500. An hour afterward, one of the accused persons named Nur, cited in the FIR, appro..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291....... We find the finding of the learned Subordinate Judge that the suit is barred by limitation is based on total disregard of the above averments made in the plaint. Moreover, it is now well established principle of law for safe guidance that the question of limitation is always a mixed question of law......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291...Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287.......at the customs authority vis-a-vis the government was within its jurisdiction to change or vary the amount of exemption of the customs duty earlier than that proviso came in. 16. To understand the principle of law applicable to this conflict, the section 21 of the General Clauses Act also may be ......he questioned item by the Annexure ‘E’ which is a subsequent SRO fixing customs duty at the rate of 30% which was earlier fixed at the rate of 15% by SRO Annexure ‘D’ by way of decreasing the amount of exemption and in support of his submission, Mr. Ali, the learned Additional Attorney-Gener..Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... this Rule is discharged. No order as to costs. Order of stay granted at the time of issue of the Rule is re-called and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 285....... consideration for transfer of the land. In such circumstances, it was held that the pre-emptee is not estopped from proving the actual value of the land transferred by the deed of Hiba-bil-Ewaz. The principles decided in the peculiar facts and circumstances of that case have no manner of applicatio......t to hear and decide on the valuation of the proceeding even for the purpose of pecuniary jurisdiction by the impugned order. It was also held that whatever might be the actual price of the land, the amount stated in the deed of sale as consideration shall have to be taken as the valuation of the pr..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......d not take any loan from the Sonali Bank, he was only a guarantor and the loan was actually taken by the defendant Nos. 1 and 2 of that suit. 5. Mr. Farooqui, in his reply, has submitted that the principle laid down in the case reported in 6 MLR as cited by the learned Advocate of respondent No.......ember of Parliament on the date of filing of nomination paper because the respondent No.5 Sonali Bank obtained a decree in Title Suit No.181/90 against the respondent No.1 and two others and decretal amount still remained unrealised and as he was a defaulter, he was disqualified from being elected a..Category: Election Law | Date: | Hits: 88
....and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
......stries (Electrical), a licensed importer and manufacturer of electrical cables and other similar product, imported PVC compound in the assessment years 1975-76 and 1976-77 as per law and rules and an amount of Taka 1,78,866.00 and Taka 4,20,246.00 respectively thus totaling an amount of Taka 5,99,11..
Category: Fiscal/Taxation Law | Date: | Hits: 69
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222....... 3. We agree with the submission of the learned Advocate for the petitioner. It is clear to us that cognizance Court did not treat the naraji petition as a petition of complaint. It is now a settled principle of law that a naraji petition should be treated as a petition of complaint. The Magistrate......nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222...Category: Criminal Law | Date: | Hits: 42
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ......ial legislation for the co-owners of an undivided homestead or dwelling house against the onslaught of an outsider. The object of this legislation is reasonable and it is quite in consonance with the principle of equity, justice and good conscience…………………………..(17) Cases Refer......al Court the plaintiff petitioners on 10-4-97 filed an application before the learned Subordinate Judge praying for determination of the value of the 1/3rd share of the Suit property out of the total amount of Taka 2,80,000.00 as the price of the entire suit property shown in the impugned sale deeds..Category: Property Law | Date: | Hits: 42
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