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

....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. ......o costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......(2006) 531. ......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

Badrud Doza (alias Momin) (Md.) Vs. State, 2006, 35 CLC (HCD)

....econd consignment in the same way another 14 Kg heroin was exported in beauty shop and tissue paper cartons which was detected in London and, after recovery, the British High Commission requested the Government of Bangladesh to inquire into these matters. The Ministry of Home Affairs, Government of ......ent in the same way another 14 Kg heroin was exported in beauty shop and tissue paper cartons which was detected in London and, after recovery, the British High Commission requested the Government of Bangladesh to inquire into these matters. The Ministry of Home Affairs, Government of Bangladesh inq......ourt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Syed Refaat Ahmed J Badrud Doza (alias Momin) (Md.)……………Petitioner Vs. State ……………………………………………………….Opposite Party. Jud......satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 58 DLR (2006) 529...

Category: Criminal Law | Date: | Hits: 64

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

....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. ......e Province Lorribarde, [1992] 1 Bank LR 251; Itek Corporation Vs. First National Bank of Boston, 566 Fed Supp 1210; National Thermal Power Corporation Ltd. Vs. Flowmore Pvt. Ltd. [1995] 4 SCC 515 and Bangladesh Vs. Israil Ali, 1981 BLD (AD) 371; Maurice o' Meara Co Vs. National Park Bank of New York...... High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 1......end down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

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

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment ...... Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers invo......resent: SANM Rahman J Zubayer Rahman Chowdhury J AM Ziaul Hoque……………………………………………………………………………………..Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents J........Petitioner Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment April 20, 2004. Lawyers involved: Dr. M Zahir with Md. Mizanul Hoq Chowdhury, Advocates-For the Petitioner. M R Hasan, Advocate-For Respondent N..

Category: Employment/Service Law | Date: | Hits: 66

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Shrimp and Fish Processing Plant Ltd and another……………..Petitioners Vs. Bangladesh Bank, Dhaka and others…………………………………..Respondents. Judgment ......Supreme Court High Court Division (Special Original Jurisdiction) Present: MM Hossain J Farid Ahmed J Shrimp and Fish Processing Plant Ltd and another……………..Petitioners Vs. Bangladesh Bank, Dhaka and others…………………………………..Respondents. Jud......f Communication (Roads and Railway), Dhaka & another, 2001 BLD (AD) 59 = 7 BLC (AD) 41. Lawyers Involved: Mainul Hosein with Hassan MS Azim, Bepul Bagman Advocates—For the Petitioners. Md. Ashadullah, Advocate—For Respondent No. 1. M Saleem Ullah, Advocate—For Respondent No. 3...

Category: Business or Commercial Law | Date: | Hits: 251

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

....h Court Division (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Ca......on (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred t...... High Court Division (Special Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005......es Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapashi Bhattacharjee Vs. Bangladesh & others, 2004 BLD 365 = 9 BLC 613; Mahmudul Haque (Md.) Vs. Md. Hedayetullah and others, 48 DLR (AD) 128; Abu Bakkar Siddique Vs. Justice Shahabuddin A..

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

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

....ners Vs. Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, A...... Divisional Forest Officer and others………..Respondents. Judgment February 16, 2006. Cases Referred to- Jibendra Kishore Vs. East Pakistan, 9 DLR (SC) 21; Oali Ahad Vs. Government of Bangladesh, 26 DLR 376. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Advocates— Fo....... ...... the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..

Category: Environmental Law | Date: | Hits: 551

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

.... 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. ......nd the same and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Both the petitioners are the limited companies incorporated under the companies laws of Bangladesh and are engaged in the business of producing and manufacturing various types of garments ......upreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Abdul Hafiz J Ashique Jeans Apparels Ltd and another…………..Petitioners Vs. National Board of Revenue and another... ……….Respondents. Judgment April 13, 2005...... Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

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

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

.... will vary from case to case. With regard to the School Register it has long been held that it is very common to understate the age when entering a school in order that the boy may not be too old for Government service, vide Mohammad Hashem Vs. Safdar, ILR 14(Lahore) 473. " 13. From the above pro......o one appears—For the Respondents. Writ Petition No. 3013 of 2004 Judgment Quamrul Islam Siddiqui J. - In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the declarat...... High Court Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Abu Musa Kutub (Md.) …………………………………………..Petitioner Vs. Secretary, Election Commission and others ……….Respondents. Judgment July 18, 2005...... 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)

....n Act, 1952 and the gradual disfiguring of the Jatio Sangshad Bhaban area by allowing illegal and unlawful construction works. 2. The facts of the case are as follows: In June 1959 the Central Government of Pakistan decided to establish a 'Second Capital' to be located at Dhaka in the then Ea......ance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......1.......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

Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)

....d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ......anced and he was found gloomy. The Principal of that college reported to him that Babi was suffering from homesickness and mental depression and according to his advise he took his son from London to Bangladesh and he was under the treatment of Dr. Nazimuddin, a psychiatrist of PG Hospital. The doct......upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Wally Ahmed alias Babi..................................Appellant Vs. State…………………………………………………………………..Respondent.......; Khan Baig Vs. State, PLD 1984 Lahore 434. Lawyers Involved: Abdul Malek, Senior Advocate with KZ Alam, Senior Advocate with Shorful Islam Khan, SM Shahjahan, Advocates—For the Appellant. Md. Ibrahim Khalil, Assistant Attorney-General— For the Respondent-State. Criminal Appeal No. 1..

Category: Criminal Law | Date: | Hits: 70

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

....riginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgm......iction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. Judgment June 26......ecial Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Nazrul Islam (Md.) and another………………………………………………….Petitioners Vs. Government of Bangladesh and others……………………………………..Respondents. ...... Case is also Reported in: 58 DLR (2006) 431...

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

Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)

....€¦Opposite Party. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul Majid and others, 2 BLC (AD) 11; Government of Bangladesh Vs. KH Shajahan, 2 MLR 199 = 2 BLC 599; Bangladesh Vs. Abdul Wahab and othe......ty. Judgment April 4, 2006. Cases Referred to- Additional Deputy Commissioner (Rev.) and Assistant Custodian, Vested Property Vs. Md. Abdul Majid and others, 2 BLC (AD) 11; Government of Bangladesh Vs. KH Shajahan, 2 MLR 199 = 2 BLC 599; Bangladesh Vs. Abdul Wahab and others, 45 DLR 30;......425....... application is hereby condoned. Ed. This Case is also Reported in: 58 DLR (2006) 425...

Category: Procedural Law | Date: | Hits: 116

Jalaluddin Vs. State, 2006, 35 CLC (HCD)

....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410....... April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddin Vs. State, 38 DLR (AD) 311; Bangladesh Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Sarwar Vs. State, 45 DLR 489; State Vs. Babul......urt High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Jalaluddin ……………………………………………..Appellant Vs. State ……………………………………………………..Respondent. Judgment ......andra Baroi, 1986 BCR (AD) 225; Sarwar Vs. State, 45 DLR 489; State Vs. Babul Hossain, 52 DLR 400; Profulla Kumer Sarker and others Vs. Emperor, AIR 1931 Cal 401 FB; Fazlul Haq Vs. State, 11 DLR 316; Md. Shah Alam and others Vs. State, 1985 BCR (AD) 315. Lawyers Involved: Md. Omar Ali Khan, ..

Category: Criminal Law | Date: | Hits: 55

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

....mity and the respondent No. 2 is the Chairman, Rural Electrification Board. The petitioner having purchased the schedule land on 18-3-1974 from the recorded owner mutated his name and has been paying Government land development tax and possessing the same since purchase. The petitioner is a business......e been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner being a citizen of Bangladesh is a renowned businessman both in Bangladesh and Saudi Arabia. The respondent No. 1 is th...... High Court Division (Special Original Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Engineer Md. Nurul Islam Chowdhury…………………..Petitioner Vs. GM, Dhaka Rural Electrification Samity 1 and another ……………Respondents. Judgment ......rom the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405...

Category: Others | Date: | Hits: 146

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

....that he himself took part in the shooting even then he was sentenced to imprisonment for life. Therefore, it appears that sentence was not given according to the formula devised by the learned Judge. Government, however, did not file any appeal for enhancement of sentence or no Rule for enhancement ......judgment. 6. The essence of the prosecution case is that on 8-6-2002, at about 12-50 PM while on her way to girls' hostel, Sabekun Nahar alias Sony, a student of Chemical Engineering Department of Bangladesh University of Engineering and Technology (BUET) sustained injury by bullet fired by some ......vision (Criminal Appellate Jurisdiction) Present: Syed Mahmud Hossain J Md. Fazlur Rahman J State………………………………………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1...... Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..

Category: Criminal Law | Date: | Hits: 236

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

.... 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. ...... 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. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J Firoz Hossain Shah (Md.) ……………….Accused Petitioner Vs. State ………………………………………………Opposite Party. Judgment No......is also Reported in: 58 DLR (2006) 361. ..

Category: Criminal Law | Date: | Hits: 46

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

....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....... that he had been using the trade mark 'Crocodile' since 1980. The Deputy Registrar, however, observed that there was evidence to show that the respondent has been using the trade mark 'Crocodile' in Bangladesh. The Deputy Registrar further found that although the applicant claimed to have been usin......ion (Special Statutory Civil Appellate Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Ju......is Case is also Reported in: 58 DLR (2006) 343...

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

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

.... sections 7 to 18, relate to the procedure to be followed and the factors to be considered in such a trial. Part II requires that trial of a child is to be held by a Juvenile Court established by the Government for a specified area. However, according to section 4, an Additional Sessions Judge, amon......nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J Ismail Howlader and others……………………….Appellants Vs. State …………………………………………………………..Respondent. Judg......nd if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335...

Category: Criminal Law | Date: | Hits: 43

Abdul Khaleque Vs. Hazera Begum and another, 2006, 35 CLC (HCD)

....ith a copy of this judgment at once. Let a copy of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322.......the course of an altercation. It is unlikely that the petitioner would commit such an offence again. However, that is not to say that he should not be punished at all. In my view, the penal system of Bangladesh is essentially reformative in character a opposed to retributive. The provision afforded ......006) 322.......inistry of Law, Justice and Parliamentary Affairs. Ed. This Case is also Reported in: 58 DLR (2006) 322...

Category: Criminal Law | Date: | Hits: 97