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Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......t it is fit case for its interference at an intermediate stage. Another test to be applied is to see whether it is allowed to proceed………………………………………(22) The settled principle of law is that to bring a case within the purview of section 561A, Cr.P.C. for the purpose......at an initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and continuation of the proceedings will cause abuse of ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......as to keep the foot-paths, pavements of the roads and streets of Dhaka City clean and clear for passage and use of the public and passerby...." is still in force. 17. It is now well settled principle that unless final order is passed in a matter, person interested in the matter or persons ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
.......00 crore and it availed of the aforesaid loan facility. Thereafter by a letter dated 24th June, 2004, the writ respondent No.7 confirmed the loan of Tk. 11.00 crore in addition to previous loan amount of Tk.9.00 crore to the writ respondent No.9, the writ respondent No.7 also confirmed that th..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......nce and arguments based on deterrence are not permitted to override this factor. Of course, the statutory maximum may coincide with the effective range. 6. The policy framework of our sentencing principles is double track system which has become the order of the day. This is a dual system of se......any. 4. There is no dispute that the petitioner issued the cheques in question which were dishonoured and thereafter, the complainant issued notices upon the petitioner requesting him to pay the amount involved in those cheques, and that despite receipt of notices, he did not pay to the complai..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ......ost of which have been accepted by the petitioner, and the said proposals being reasonable, can be applied as the procedure for handling any situation of similar nature upon strictly following the principle that whenever the higher class seats are available/vacant the dignitaries available in th......s, unless a specific reasonable charge for every excess weight, fixed by the said airline, is being paid. But Biman is the only airline, who allows its passengers to carry more than the permissible amount of weight after being satisfied by the illegal gratification for which the National Flag car..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......d b) whether the signature on the third nomination letter was a forgery…....................(24) The IO failed to examine sufficiently the relevant persons and documents pertaining to the principle legal issues of the case prior to submitting his investigation report, and therefore furth......al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......le Execution Case No.25 of 2004 on 5-8-2009 demanding Taka 86,02,592.76. Judgment-debtor-petitioner filed application on the basis of Judgment giving interest at the rate of Taka 12% and deposited an amount of Taka 45,30,267.26. The statement from the office of Bangladesh Steel and Engineering Corpo..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... behalf of the petitioner that the New Nation Printing Press was not the successor establishment of the New Nation Publications Limited and held that this was a defence plea which as per well settled principle was to be decided on evidence before the trial Court and it was not at all ground for quas...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......vides punishment only for infliction of grievous injury on demand of dowry, but the Ain does not provide anywhere any punishment for infliction of simple injury on demand of dowry. It is the cardinal principle of interpretation of statute that provisions of any penal law or that of any special law s......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)
....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......ONE BLAUWE TOREN KOL VESTRAAT 4-800 BRUGGE BELGIUM for exportation of 420 master cartons frozen shrimps and obtained invoice No.FEL/92/01 dated 23.04.1992 for 420 master cartons frozen shrimps for an amount of US$ 63,294.06. The insurer i.e. defendant Nos.1, 2 and 5 having satisfied about the stock ..Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616
....e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......e made absolute without any order on
costs. The authorities are directed to stop collection of user fees at the
government hospitals forthwith.
Ed.
This Case
is also Reported in:
......t, entitlement to “free” medical treatment is not a right guaranteed under
the constitution of the People’s Republic of Bangladesh. Therefore, mere
charging of user fees for patients does not amount to violation of the
fundamental right to medical treatment. Moreover, user fee is only charg..
Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......aogaon in Artha Rin Adalat Case No. 264 of decreeing the suit. 2. The appellant as plaintiffs instituted Money Suit No.47 of 1987 in the Court of Subordinate dge, Naogaon for realization of loan amount impleading the respondents as defendant. The defendant contested the suit by filing writ..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....ed up to 26.12.2006, that is, the loan was to be paid by the company after 26.12.2006. Therefore, the burden lies on the appellant to prove that the loan was paid or renewed or rescheduled or the due installments were paid within due time after 26.12.2000. Curiously enough, the appellant failed to a......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
...... 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka(Respondent No.7) under memo No.BBA/GAD-1/14930 stating that the appellant was a bank loan defaulter for an amount of Tk.15,44,32,437.31 as on 30.11.2008.
The second source was a letter issued by the Joint D..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......isions of law applicable thereto. Their further contention in respect of the words-"without any deduction"-as used in the impugned memo is that by those words the BTRC illegally claimed the amount mentioned in the impugned memo without any deduction of VAT therefrom, which is contrary to t..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
....rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 17 BLC (HCD) (2012) 730.
...... that there is no confusion regarding the production of the Gawa Ghee."
34. Their lordship in the Appellate Division in the Case of BCIC Vs. Sattar Match Works reported in 44 DLR (AD) 208 laid the principle as to refusal to register similar trademark by registrar in the following language:
"Re......said brand and, as such, a total volume of sale of "PRAN FROOTO" Mango Juice rose at Tk. 4376170 million in four years starting from 2007 accordingly it acquired 82% of the market share paying a good amount in taxes to the Government and therefore, the petitioner is entitled to register its Trade ma..
Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......his Constitution. (2)............................ 11. The learned Advocate also refers to Article 8 (2) of the Constitution which reads as:— (1)..................... (2) The principles set out in this Part shall be fundamental to the governance of Bangladesh, shall be appli......other of the two respondents was present before the Court, as such, a query was made by this Court, as to why her two daughters have entered in to a compromise with such a shockingly meager amount of 12 (twelve) lakhs as against a vast property left behind by her late husband Badsha Miah w..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......; 5. I would like to point out here that the principle of pleading guilty is not applicable to a case the offence of which is punishable to death......ntion of all accused contemplated in section 34 is to commit culpable homicide irrespective of specified person. In such a case, each member shall be liable for the act resulting in culpable homicide amounting to murder. The consistent case of the prosecution proved by P.Ws. 1, 12, 17 and 18 is that..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......found in chapter III, whereas, section 56 is found in Chapter VI under the heading ‘Transfer of Waqfs Property.' These two chapters provide for two distinct purposes. It is established principle that the duty of the Court is to effectuate the purpose of an enactment and not to defeat ...... the Waqfs Ordinance, 1962 and illegally held that a mutawalli of a waqf estate can transfer a portion of the waqf property by lease exceeding five years in failing to notice that such lease tantamount to absolute transfer which is not intended by the legislature. It was further urged that the ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......omplainant to substantiate the allegation of second marriage. 8. An appeal against acquittal may be entertained when the impugned judgment is perverse or so unreasonable that its maintenance would amount to miscarriage of justice. It can be allowed only in exceptional circumstances, when the infe..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ...... enquiry whether the evidence in question is reliable or not. This is the function of the trial court and it might so happen that quashment of a criminal proceeding before commencement of trial would amount to stifling the proceedings before the prosecution got an opportunity to bring evidence in su..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
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