Search Options
Judgment Advanced Search
Displaying 3001-3020 of 3806 results.
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
.... The High Court Division on consideration of the Provision of the VAT Act observed "From a reading of sub section (2) of Section 42 of the Act, as it stood originally it appears that the power was given to the respective appellate authority to accept and hear an appeal either on deposi...... Mohammad Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....he police personnel started living therein and occupied the house without any agreement with the writ-petitioner. Thereafter, the President and Secretary of the Dhaka Memon Anjuman executed a general power of attorney on 20.04.2004 appointing Khawaja Mohammad Akbar to do all acts on behalf of the wr......ding, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For t......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....y report did not come forward in the suit to support, on oath, his report; the Memo dated 12.10.94 was issued without giving any hearing to the respondent No.1; the respondent No. 5 was also not empowered to cancel a permanent lease by such show of executive fiat; further exhibit Kha showed that......s Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 930 of 2004. (From the judgment and order dated 22.3.2004 passed by the ......ation of the evidence and materials on record arrived at a correct decision. The learned counsel could not point at, any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Rep......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
..... 145 of 2004 is allowed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Dru......ed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for......ransÂferring the case to the Druto Bichar Tribunal, Chittagong with the mala fide intention to harass and to deprive them of fair and impartial trial. Accused are very poor and some of them are physically very ill and are quite incapable to go to Chittagong from Companigonj, Noakhali to attend the ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....rademark of the respondents, committed fraud upon the Registrar of Trademarks in obtaining the registration. Therefore, the High Court Division rightly cancelled the registration in exercise of its power under section 46(4) of the Trademark Act………………&hell......Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark ......estion. They never lodged any objection as to the trade mark registered in the name of the appellant. It was stated that UNILAC used to supply raw materials to the appellant from Australia. The so-called user agreement dated 1st July 1991 has no binding effect on the appellant because it was nev...... with the print thereon of the impugned 'Diploma' trade mark belonging to die appellant which were used for packing the milk powder in the factory of the appellant. A perusal of the minutes of the meeting of the Board of Directors of the appellant held on 30-7-1995 in Melbourne, Australia, evide..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....¿à¦¸à¦¿/সেচ/উইং/১৯৩/২০০১/১৮৫ dated 24-7-2003 discharging them from their service (Annexure-C and C-l to the writ petiÂtion) and ’পদায়ন’ Rules of BADC Manpower ReÂorganisation setup issued on 20-11-2000 (Annexure-C-2 to the writ petition) and notificati......ulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied......e Regulation 1990 including payment of three months' notice in advance or making payment of three months salary in lieu of notice were not fulfilled, and so the impugned judgÂment and order does not call for any interference. 24. Leave was granted to consider the above mentioned submissions. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... Judgment May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a ......ter dated 28-6-2007 requested for necessary sanction by the NBR. The NBR thereupon on the same date by a Memo dated 28-6-2007 informed the respondent No, 5 of the necessary sanction accorded by it calling upon him to arrange for filing the petition of complaint against the respondent. The respon......me Tax Ordinance, (2) Whether the sanction by the NBR for filing the said criminal case was valid without issuing any prior notice on the respondent and whether the sanction accorded by NBR in its meeting preside by its chairman who was not a member was hit by the principle of coram-non-judice, ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....ts filed the present leave petition. 11. Mr. Zoynul Abedin, the learned Deputy Attorney General, has argued in both the appeal and leave petition that the Government in exercise of its power under sections 7 and 11 of the Private Forests Act, 1945 took over and vested the suit land i......3) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal......over the management of the Mango garden to them but did not have the desired result. The plaintiffs then represented to the Forest Department for releasing the suit land and thereupon a report was called for and the date of hearing was fixed on 30-03-1992 in this regard. But the Forest Departmen......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From the Order dated 13th November, 2007 passed by the High Cour......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ..Category: Others | Date: | Hits: 84
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
...., husband of Monowara Islam used to look-after the Hotel business on her behalf. Other floors and rooms were rented to different persons. When her husband Azizul Islam became seriously ill, a power of Attorney was executed in favour of one Abdul Alim to manage the property including the hot......d of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Restauran......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....f the above, we find so subÂstance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconÂstruction of any document or that finding are perverse and contrary to law or eviÂdence resulting in an error in the decision occasioning failure of justice, the concu......ustice, the concurÂrent findings can not be interfered with by the revisional Court under Section 115(1) of the Code of Civil Procedure. The judgÂment and decree passed by the Courts below does not call for interference. In view of the above, we find so subÂstance in submissions of the learned......f the above, we find so subÂstance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..Category: Property Law | Date: | Hits: 21
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
.... in 24 DLR 78 it has been held been that in a case where fraud is committed upon the Court as well as upon the party, a Court has inherent jurisdiction to interfere in the matter in exercising its power vested in section 151 of the Code of Civil Procedure and similar view has also been expressed...... Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to: Abul Khair Mia vs. Abdul Latif Sardar, 32 DLR (AD) 167; Mofazzal Molla and another vs. P......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ed by limitation and the suit as framed is maintainable and that the plaintiff has proved his right, title and interest in the land in suit, that from the evidence of PW 4 it is seen that the power of attorney (Exhibit 3) and the kabala dated October 16, 1988, (Exhibit 4) are genuine, that ......l Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46;......own interest therefore the plaintiff should also seek the additional relief by way of setting aside the decree or canceling the deed. Section 42, as has been pointed out above, does not specifically provide for declaration of nullity and cancellation of a written instrument, but section 39 ......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....e Rule as the learned advocates of both the sides were found absent; in the case of Safaruddin and others vs. Fazlul Huq and others reported in 49 DLR (AD) 151 it has been held that the revisional power of the High Court Division, being a supervisory power, may be exercised even suo motu in the......nother...............................Petitioners Vs. Syed Madassir Ali and another...............................Respondents Judgment July 16, 2006. Cases Referred to: 4 BLC (AD) 102; 2001 BLD (AD) 236; 44 DLR 242; 2003 BLD 158; Safaruddin and others vs.......vil Rules and Order provides that it is for the Advocates to be present at the proceeding to make themselves acquainted with the order passed and it is not the duty of the officers of the Court to call upon the Advocates to show the orders issued or to inform them of the nature of the orders pas......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ......y and other, 4 MLR (AD) 127. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- For the Respondent. Civil Petition for Leave to Appeal No. 1219 of 2006 (From the judgment and order dated 24.7.2006 passed by the High C......and meanwhile the valuation of the case land increased manifold and the High Court Division erroneously held that there is no misreading or non consideration of evidence although it was specifically submitted before the High Court Division that deposition of P.Ws.2 and 3 regarding date of k......ty or infirmity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 339 ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....s exclusively used for the purpose of the Seed Multiplication Farm of B.A.D.C; the said pathway is a kutcha pathway which runs by the eastern boundary of the above farm on which the farm installed power pumps for supplying water to the paddy fields of the farm comprising of 45 acres of land.........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record -For the petitioner. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....f has acquired permanent 'Maliki' right i.e. proprietary right upon the settled land which is heritable and transferable according to the existing law of the country and the defendants have no power, authority and jurisdiction to cancel the settlement on 19.01.1992 A.D. Lastly, the lea...... Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the High Court ...... case, failed to consider and interpret the condition of the kabuliyat No. 10 dated 15.07.1976 to the effect that after the expiry of 15 years the settlement in favour of the plaintiff will automatically be converted into a permanent 'maliki' settlement but the Single Judge of the High Court......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....f the materials on record bona-fide and without any malice or motive. He also submits that the Police Report is not conclusive and sacrosanct to be accepted by the Magistrate but the absolute power is with the Magistrate either to accept the Police Report or to direct for fresh investi...... Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2006 passed......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ..Category: Criminal Law | Date: | Hits: 38
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....riminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Division may exercise inherent power to quash a proceeding or even conviction on conclusion of trial if the Court concerned g...... Khondker Mahbubuddin Ahmed, Senior Advocate, represented by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 178 of 2004. (From the judgment and order dated 17-01-2004 passed by the High ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ..Category: Criminal Law | Date: | Hits: 42
Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ......st 7, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 537 of 2005. (From the judgment and order dated 4th January, 2005 passed by th...... counsel could not point out any misreading of evidence or non consideration of the materials on record or any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Re...... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 239. ..Category: Property Law | Date: | Hits: 44
26732669266026562654265226512648264326392631261526142609260325902589257525722565