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Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)

.... of paper books is dis­pensed with as prayed for. The period of order of stay granted ear­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......f 2005 with Criminal Appeal No.1439 of 2005 and Jail Appeal No.344 of 2005). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 18th, 19th and 20th day of November,...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mamun Sheikh Mamun.................................Petitioner Vs. The State…………...........................................Respondent Order April ......ar­lier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21...

Category: Criminal Law | Date: | Hits: 49

Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)

.... the schedule of the plaint, claiming their title and possession, on the basis of registered deed from the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian ill......l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents ...... In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19...

Category: Property Law | Date: | Hits: 93

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....VIII ADC (2011) 217. ......) 217. ......AD 90, VIII ADC (2011) 217. ......in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..

Category: Civil Law | Date: | Hits: 174

Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

.... (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cas......inal Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to......ion (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004.......hout any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..

Category: Business or Commercial Law | Date: | Hits: 194

Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)

.... registration of the trade mark and since registration the appellant are in the manufacture of the product and its product gained much popularity in the market. It has further been contended that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the res......Express" in respect of the cigarette, manufactured tobacco falling in class 34. The said Trade Mark was initially registered in erstwhile Pakistan on 11‑5‑1943 and thereafter it was registered in Bangladesh under the Bangladesh Trade Mark Invalidation and Summary Registration Order, 1973, namely...... Division (Special Statutory Civil Appellate Jurisdiction) Present: Syed Amirul Islam J SAM Mominur Rahman J Virginia Tobacco Company (BD) Ltd. ………………………Appellant Vs. Registrar of Trade Marks and another………………….Respondents Judgment January ......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..

Category: Intellectual Property Law | Date: | Hits: 226

Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....PLD 1974 Lahore 256. Lawyers involved: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case......l J Nurul Islam Babul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others V......04) 347. ......on and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Refe......344. ......€¦â€¦â€¦Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- Shorna Mehta Vs. Rajani, 1 CWN 55. Lawyers involved: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite Parties. Ci..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

.... the Code, inasmuch as, a police officer has the power to arrest a person under this section on any of the grounds contained therein whereas, an order of detention of a person can only be made by the Government or a District Magistrate or Additional District Magistrate, as the case may be, if the sa......C 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Class, Parivati Puram, AIR 197......reme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August ...... This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285......., also, a crime against basic Human Right and is violative of victim's most cherished Fundamental Right that is Right to Life enshrined in Article 32 of The Constitution oil' the People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Spec......HCD) (2004) 285.......with him and accused‑appellant Shibu Pada did not commit rape upon her. [Special Tribunal noticed that Prosecutrix PW1 was crying in court when she denied defence indecent suggestions.] 10. PW2 Md. Abdul Jalil in his testimony testified that father of Prosecutrix PW1 Ratna Rani Achariya having..

Category: Criminal Law | Date: | Hits: 64

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....ining mutation of 0.8266 acres of land in the name of the petitioner and 4.13 acres of land out of 4.96 acres of land was ordered to be recorded in Khatian No. 1 treating the same as khas land of the Government. Photostat copy of the order sheet of the said Miscellaneous Case No. 32 of 1993-94 along......” For Respondents. Writ Petition No. 84 of 1994. Judgment Bijan Kumar Das J. - This Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause why the initiation of the proceedin...... DLR (HCD) (1999) 183.......f the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183...

Category: Property Law | Date: | Hits: 172

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....s per terms 4, 7 and 8 no industry was established, and commenced. 20. Then, said defendant No.4 issued the letter dated 12‑10‑1994 informing the plaintiff that his lease was cancelled and the Government would re‑enter into the land under terms 16(9) and 42 of the lease document. 21. Whe......cts are not disputed that the suit plot was allotted to the plaintiff. On receipt of requisite fees, a deed of lease was executed and registered on behalf of the President of the People's Republic of Bangladesh by one authorised officer of the Ministry of Works. 18. Said deed of lease stipulated,...... Division (Original Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Sultan Mahmud Chowdhury ............................................................Appellant Vs. Secretary, Ministry of Public Works and Urban Development & others........Respondents ......legal effect. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 269. ..

Category: Property Law | Date: | Hits: 73

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....53) was though shown to have been served on 30‑10‑65 for acquisition but was not served on them. On 17‑1‑66 another notice under section 93A(4)(b) of said Act was served on them. In 1972, the Government took over possession of said land giving very negligible price of the land. Since the acq......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondents Judgment March 4, 2004. Cases Referred to- Chimanlal Hargovindas Vs. Special Land Acquisition Officer, Poona, AIR 1988 SC 1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur ......9. ......1652; Abdul Gafur Khan Vs. Bangladesh, 4.2 DLR (AD) 99; Bangladesh Vs. Abdul Khaleque and others, 29 DLR (SC) 110; Abdul Gafur Khan and others Vs. Bangladesh 36 DLR (AD) 163. Lawyers Involved: Md. Rafiqul Islam with Md. Nazimuddin and Abdul Basit, Advocates-For the Appellant. AKM Nazrul Is..

Category: Property Law | Date: | Hits: 77

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......urt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judg......reme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents ......no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

....at cannot be negated and no Court other than the one designated by law can assume or arrogate to itself the jurisdiction it is not invested with. 16. By SRO 124-L/86/SVI/LC-56/83 dated 16-4-86 the Government in exercise of powers conferred under sub-section (1) of section 35 of Industrial Relatio......permission for cancellation of registration of the Union is tantamount to taking away of the right of the employees to form trade union guaranteed under the Constitution of the People’s Republic of Bangladesh. 13. Respondent No.2 (The Registrar of Trade Unions) has opposed the Rule by filing an......ed in: 51 DLR (HCD) (1999) 179. ......machari Union………………..Petitioner Vs. Member, Labour Appellate Tribunal Dhaka and others……………………..Respondents Judgment October 28, 1998. Lawyers Involved: Md. Khalilur Rahman with Mahbubul Hoque and Afsar Zahan, Advocates — For the Petitioner. Salahu..

Category: Labour and Industrial Law | Date: | Hits: 186

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

.... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ...... also for recovery for possession in the scheduled property. 3. During the pendency of the suit plaintiff Gurupada Chakraborty went to India and fell ill. As the plaintiff was unable to return to Bangladesh promptly, he appointed Md. Arab Ali Master as his constituted attorney to conduct the sui......R (HCD) (2004) 230. ......e order dated 17­-8‑1999 passed by the Assistant Judge, Chandina in Comilla in Title Suit No. 6 of 1994 accepting the power of attorney allegedly executed by plaintiff Gurupada Chakraborty whereby Md. Arab Ali was appointed as his constituted attorney. 2. The opposite party No.1 as plaintiff i..

Category: Property Law | Date: | Hits: 65

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....ce the imported goods would fetch on a sale in the international market between a buyer and seller independent of each other. Sub‑section (7) of section 25 of the Customs Act no doubt, empowers the Government to fix by notification in the official gazette tariff value for the goods imported or exp......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Salim (Md)……………………………………………………..Petitioner Vs. Commissioner of Customs and others ………….Respondents Judgment July 7, 2003. C......is order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)

....reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J H.M.A. Sattar.....................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariate, Ramna, Dha......1. ......y, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ..

Category: Civil Law | Date: | Hits: 90

Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)

....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... (HCD) (2004) 224. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Bangladesh Jute Mills Corporation.............................Petitioner Vs. Maico Jute and Bag Corporation and others ...............Opposite Parties Judgment Apri...... Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)

....of Act 11 of 1947 and (7) seven witnesses have already been examined out of 10 (ten) witnesses cited in the charge-sheet. At this stage the Special Public Prosecutor, Khulna enclosing a letter of the Government filed an application on 10‑10‑2001 for withdrawal of the accused petitioner from pros......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ...... Court Division (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Loskor Md. Mostan Billah……………….Petitioner Vs. State……………………………………………….Respondents Judgment ....... This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..

Category: Criminal Law | Date: | Hits: 56

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....e Code of Criminal Procedure (for short The Code) can be glanced at which runs thus: "174. (1) The officer‑in‑charge of a police station or some other police officer specially empowered by the Government in that behalf, on receiving information that a person‑ (a) has committed suicide, o.............Appellants Vs. State represented by the DC.................Respondent Judgment April 5, 2003. Cases Referred to- Rameshwar Dayal and others Vs. State of UP, AIR 1978 SC 1558; Bangladesh (State) Vs. Paran Chandra Baroi, 1986 BCR (AD) 225; Asadur Rahman alias Asad and others V......D) (2004)174. ......¬à§‡à¥¤" Inmates of informant PW1's house woke up. Accused persons entered into the house of gate‑crashing and dragged out Ismail Kha (deceased) from the house and started assaulting him. Informant Md. ldrishur Rahman (PW1), his sister Parul Begum (PW3), younger brother Obaidul Islam alias Shipon ..

Category: Criminal Law | Date: | Hits: 54