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Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ons (5),(6) and (7) were added to section 3. 4. SRO No. 124 (Annexure-C in Writ Petition Nos. 838, 728 of 1990 and 1092/89, Annexure-B in 1115/89, 803, 802 of 1990 and Annexure-A in WP No. 456/89) dated 18.6.87, SR No. 192 dated 1.7.88 (Annexure-E (i) in WP Nos. 838, 728 of 1990, Annexure-B (I) i......entral Government within thirty days of the notification by any aggrieved person, be reviewed by a Review Board constituted under sub‑section (6) to which the application shall be referred; and the decision of the Review Board confirming, reducing or increasing the production capacity shall be fin..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....the Respondents. Design Petition No. 1 of 1993. Judgment KM Hasan J.- This is an application under section 51A of the Patents Designs Act, 1911 for cancellation of registered Design No.00750 dated 19‑5‑90 in Clause‑1 in the name of Haji Md. Firoz, Proprietor of M/s. National King Elec......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....te ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 3960 of 1996. Judgment Syed Amirul Islam J.- This Rule is directed against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No.53 of......tained the instant Rule. 3. Mr. Md. Ruhul Amin, the learned Advocate appearing for the plaintiff Petitioner, submits that the appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice inasmuch as the learned Court failed to appreciate that the ..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
...., Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No 109 o......being special legislation setting up a special Court the remedies will follow as provided therein.” 14. Mr. Sirajul Hoque, the learned Advocate appearing for the petitioner could not show us any decision that a revisional application lies under section 115 of the Code of Civil Procedure against..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54 of 19......nder Order 47 rule 1 of the Code of Civil Procedure was misconceived and the learned SCC Judge committed an illegality by entertaining the same. The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....ur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate on Record - For the Respondent. Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I......so, this Court on reading their judgment and hearing the Deputy Attorney-General who appeared in person and also the arguments advanced by Mr. Maksudur Rahman, another Deputy Attorney-General and the decision cited by him unanimously have arrived at a different conclusion resulting in the acquittal ..Category: Criminal Law | Date: | Hits: 116
....kar, Advocate-on-Record—For the Appellant.
S. S. Hoda, Advocate-on-Record-For the Respondent No.4.
Ex-parte-Respondents No.1-3.
Civil Appeal No.55 of 1977.
(From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973)
Judgment
Debesh C......bility of the application of Respondent No.4 under section 34 of the Ordinance but the learned Judges of the High Court Division rejected the application summarily on holding, relying upon an earlier decision of the High Court Division in the case of Administrator, Omar Sons Ltd. Vs. Chairman, 1st L..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......of the High Court in Second Appeal No.996 of 1964). Judgment Kemaluddin Hossain J. - This appeal on special leave arises from a judgment of a Single Judge of the Dacca High Court, reversing the decision of the first Appellate Court, and restoring that of the trial Court, who dismissed the suit..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgment ......gh Court Division in Criminal Revision No.66 of 1980. Judgment Fazle Munim CJ.- I have gone through the judgments Written by Badrul Haider Chowdhury and Shahabuddin Ahmed, JJ; I concur with the decision of Badrul Haider Chowdhury, J. Badrul Haider Chowdhury, J.- I regret that I could not su..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....Choudhury J. - The Rule was under adjudication, issued on 4th May 2010, was in following terms; “Let a Rule be issued, calling upon the respondents to show cause as to why the impugned decision, dated 14.02.2010, of the respondent No.1, to lease out the ground and first floor of the front build......hamsuddin Choudhury J. - The Rule was under adjudication, issued on 4th May 2010, was in following terms; “Let a Rule be issued, calling upon the respondents to show cause as to why the impugned decision, dated 14.02.2010, of the respondent No.1, to lease out the ground and first floor of the f..Category: Property Law | Date: | Hits: 159
.... The Rule under adjudication, issued on 6th April, 2008 was in following terms:
“Let a Rule Nisi issue calling upon the Respondents to show cause as to why the impugned action of the respondents dated 3.4.2008 to demolish the construction of the petitioner partially and stopping its constructio......, like Re Liverpool Taxi Owners Association (1972 2 ALL E R 589), AG of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629), provide prolific examples of express promise based legitimate expectation, while the decision in the oft quoted House of Lords decision in the case of Council of Civil Service Unions Vs..
Category: Civil Law | Date: | Hits: 218
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....eneral- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Case No. 86 ......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....hereon at plot No.N(W)H, Block-6, 159 Gulshan Avenue, Gulshan-2, Dhaka (hereinafter called "the said property") originally belonged to one Mrs. Inge Flatz (an Austrian Lady) by virtue of a lease deed dated 14-9-1965 executed by the then Dhaka Improvement Trust (DIT) in her favour for 99 years. After......said Ordinance, i.e. Ordinance No.54 of 1985, and, as such, there was no bar in inclusion of the said property in the list published under section 5(1)(a). In this regard, he refers to the majority decision of our apex Court in CQMH Md. Ayub Ali Vs. Bangladesh reported in 47 DLR (AD) 71 and Mrs. A..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... of section 19 of the Ordinance, which he deemed to be income from other sources. 14. It also appears from the record as stated hereinabove that the Deputy Commissioner of Taxes recorded his order dated 25-5-97 amongst other that contents of the report were read out to authorized representative o...... which was shown by the applicant. 2. Being aggrieved, the applicant presented an appeal before the Appellate Joint Commissioner of Taxes, Range-1 at Dhaka who dismissed the appeal and affirmed at decision of the Deputy Commissioner with regard to investment in the house. Second appeal presented ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....he instance of the defendant No.6 on the following terms: "Let the records be called for and a Rule issue calling upon the opposite party No.1 show cause as to why the impugned judgment and decree dated 14-3-1996 and 19-3-1996 respectively passed by Additional District Judge, Magura in Title Appe......ent of the Trial Court without having regard to the Order 41, rule 31 of the Code of Civil Procedure and thereby, both the Courts committed error of law in decreeing the suit which is an error in the decision occasioning failure of justice. The learned Advocate submitted Kartik Chandra Biswas admitt..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... Wazed alias Sheikh Hasina, former Prime Minister of Bangladesh calling upon the opposite party to show cause as to why the proceeding of Special Case No.1 of 2008 arising out of Tejgaon PS Case No.2 dated 2-9-2007 corresponding to ACC General Registered Case No.89 of 2007 and Metropolitan Special C......he ought to have refused to accord sanction. In short, it may be called that the alleged sanction is a mechanical sanction and it did not fulfill the requirement of the law rather it is contrary to decisions of the Apex Courts and, as such, taking of cognizance on such charge sheet is illegal, mal..Category: Criminal Law | Date: | Hits: 156
....ks and to take necessary legal actions against those people who were engaged in digging activities at Mahasthangar. The above mentioned incident no. 1 was stopped immediately and has remained so till date. The incident no. 2 was also stopped by the respondent no. 3 without delay and has remained sto......hasthangorh Mosque, Mazar Development Committee and a renowned freedom fighter. There is an independent management committee for the Mazar and the Mosque in the subject vicinity.
18. Pursuant to a decision, the Mazar Committee took a decision to construct a 3-storeid building for the accommodatio..
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... the amendment to the Constitution in question incorporating the concept of the non‑party caretaker government is not destructive of the concept of the democratic government, rather it helps consolidate and institutionalise the democracy in Bangladesh. Concept of a neutral caretaker government as ......party caretaker Government installed for a very temporary period. The non‑party caretaker Government was perceived merely to hold the general election to the Parliament and not to take any policy decision unless it was indispensably necessary. Thus the concept of nonparty caretaker Government ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....hy section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should not be declared ultra vires of the Constitution and why the notice for sale in auction published in the daily Prothom Alo dated 25‑3‑2004 in respect of the petitioner's mortgaged property should not be declared to have......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... for confirmation of the sentence of death by hanging by the neck imposed upon the condemned‑prisoner Innocent N Egbunine under section 19(1)(4) of the Narcotics Control Act, 1990 on his conviction dated 19‑9‑1991 for the offence under section 9 thereof passed in Sessions Case No. 243 of 1990.......00 noon, Mr. Innocent alone returned to Gulshan Guest House with 4 bundles of clothes. The matter was informed to the Director Operation, the Additional Director and the Assistant Director who took decision to make a search. The informant along with his colleagues entered into the guest house, dis..Category: Criminal Law | Date: | Hits: 164
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