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Md. Nurul Hakim @ Md. Noor Hakim Vs. State, 2011, 40 CLC (HCD)
....rney General -For the respondent. Criminal Appeal No. 8051 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order No. 7 dated 22.11.2010 passed by the Special Tribunal No. 4, Cox’s Bazar in Special Tribunal Case No. 17......t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 57
Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)
....cate—For the Appellant. Shahidul Islam, Advocate—For the Respondents. First Miscellaneous Appeal No.189 of 1994. Judgment Gour Gopal Saha J.- This appeal is directed against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Ord...... of the applicant, the Court should liberally consider the prayer for setting aside abatement as an abatement deprives the applicant the opportunity of proving his claims. The view taken in the cited decision applies to the facts and circumstances of the present case. The scope of Order 22 rule 9(2)..Category: Property Law | Date: | Hits: 73
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....t a copy of this order be communicated to Mr. Rafique-ul Huq and Dr. M Zahir, the learned Advocates immediately. 4. Let this matter be fixed for hearing on 23-6-1999 and come up in the list on the date for orders. 24-06-1999 Mainul Hosein with Manjur Kader, Advocates, for the appellant-peti......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....zlul Karim J.- On an application under Article 102 of the Constitution the Rule was issued calling upon the respondents to show cause as to why the Judgment and order passed by the Appellate Tribunal dated 2-6-97 affirming those of dated 16-9-96 passed by the Commissioner (Current charge) Customs Ex......e monthly amount of VAT at Taka 19,877/81. 9. The learned Deputy Attorney-General could not lay his hand on any provision of law in the VAT Act to show that the authority could make such arbitrary decision of making an average amount of income which is not found on record of the concerned enterpr..Category: Fiscal/Taxation Law | Date: | Hits: 139
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....laint before the Nalishi Adalat ‘Ka’ Anchal, Satkhira alleging that the accused is a businessman and was known to him from before and he had been taking shrimp fries from complainant on different dates on credit. The accused took delivery of shrimp toes of Taka 30,91,303.00 during the year 1995 ...... it may be inferred initial intention of deception. This is clear from the principle laid down in the case reported in 46 DLR (AD) 180. In this reported case our Appellate Division considered several decisions on this point specifically the decision given in 30 DLR 327 wherein it was held that when ..Category: Criminal Law | Date: | Hits: 46
Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)
....on through Miscellaneous Case No.377 of 1999 under section 3(2) of the Special Powers Act and the said order of detention was extended for further period of 3 months vide Memo No.1318-Sha:Ma:(Nira/3) dated 11-5-1999. The respondents denied all the allegations of the petitioner made in the writ petit......se the detenu Mrs. Jobaida Rashid now detained in Dhaka Central Jail, Dhaka forthwith if she is not wanted in connection with any other case. Ed. This Case is also Reported in: 52 DLR (2000) 526...Category: Criminal Law | Date: | Hits: 64
Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)
....o the Government.” 15. Pursuant to section 9 the Government delegated its power under section 4(1) of the Anti-Corruption Act to the Director General of the Bureau of Anti-Corruption by an order dated 3-10-89. The said order reads as follows: “পত্র সংখ্যা-রাস/জ......against private person. It was submitted that the definition of corruption would show that the private citizen cannot be involved in such an offence and in support of their contention referred to the decision of a Division Bench of the High Court in the case of Abut Basher Vs. State that a private p..Category: Criminal Law | Date: | Hits: 69
...., Shawkat Ara Begum, Advocates — For the Respondents.
Trademark Appeal No. 4 of 1995
Judgment
Mahmudul Amin Choudhury J. - This Trade Mark Appeal is directed against the Judgment and order dated 31-1-95 passed by the Registrar of Trade Marks, Dhaka in Rectification Case No.166 of 1993 by ......was also not available in this part of the world. He submits that non use of the trade mark from an earlier dated is no ground to entitle them to any protection and in such a situation he relied on a decision of the Supreme Court of Pakistan reported in 21 DLR 357 Bengal Friends & Co. Dacca Vs. ..
Category: Intellectual Property Law | Date: | Hits: 319
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....sion No. 4205 of 1997. Judgment Mahmudul Amin Choudhury J. - This Rule was issued calling upon the opposite party Nos. 1, 20 (ka) to 20 (cha), 27 (ka) to 27 (Gha) and 31 to show cause why order date 7-10-97 passed by the learned Subordinate Judge, and Artha Rin Adalat No.1, Dhaka in Money Exec...... cannot interfere under section 115 of the Code of Civil Procedure in an interlocutory matter passed by the Artha Rin Adalat. Here the Adalat passed the order on 7-10-97 and in view of the consistent decisions of both the Divisions of the Supreme Court we hold that the present Rule obtained under se..Category: Civil Law | Date: | Hits: 108
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
.... the petitioner A Rahim Chowdhury under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why Memo No. BRPD (P) 651/9(1)/96-831 dated 22-12-96 (Annexure-A) issued by the respondent Nos. 1 and 2 under the signature of respondent ......was further directed that the Bangladesh Bank in accordance with the provision of section 48 of the Bank Company Act, 1991 will dispose of the petitioner’s appeal, and thereafter send a copy of its decision to this Court, on receipt of which the Court will hear the parties and pass necessary order..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....he Respondents Nos. 2 and 3. Writ Petition No. 1293 of 1995. Judgment Md. Tafazzul Islam J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be decl......issued from the office of respondent No.2 whereby without showing any cause or reason whatsoever, was informed that his appointment as Project Director has been cancelled with immediate effect by the decision of the office of the Secretary, Ministry of Industries. The petitioner then submitted repre..Category: Employment/Service Law | Date: | Hits: 117
Shahidul Vs. State, 1998, 27 CLC (HCD)
....ed by the accused petitioner Shahidul calling upon the opposite party, State, represented by the Deputy Commissioner, Khulna, to show cause as to why the judgment and order of conviction and sentence dated 28-9-97 passed by the Special Tribunal No.7, Khulna in Special Tribunal Case (STC) No. 227 of ......f the trial Court or that the facts alleged do not constitute any criminal offence or that the conviction has been based on no legal evidence or otherwise for securing the ends of justice. The latest decision on exercise of inherent jurisdiction by this Court under section 561A Cr.P.C. in 46 DLR (AD..Category: Criminal Law | Date: | Hits: 33
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....he Respondents. Writ Petition No. 1515 of 1988 Judgment Md. Tafazzal Islam J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 22-6-88 passed in File No. 2(12 Cus-7)/88 (part)/475 (Annexure -M) by the respondent No.1 shou...... his judgment and order dated 28-1-88 categorically held that the said vessel was coming to Chittagong port after complying with all the ports and customs formalities. 9. Mr. Ariff, relying on the decision reported in 1956 Appeal Case page 458 further submits that the impugned judgment is also hi..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Jashim Uddin Vs. State, 2011, 40 CLC (HCD)
....nt Attorney General-For the respondent. Criminal Appeal No. 3933 of 2009. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 12.5.09 passed by the Metropolitan Special Tribunal Judge, Court No.11, Dhaka in Special Tribu...... cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ntracts, entered into by the government may not be conducive to public interest. Following that congregation, the executive committee of a body, named “Centre for Human Rights,” at it’s meeting dated 15th September 1998, authorised the petitioners to proceed with appropriate action to protect ......s being incapable of serving national interest, should be amended in line with PSC’s entered into by other developing countries. Albeit tenders have been invited from foreign companies, no policy decision has been adopted designating the quantity that should be reserved for posterity, pointing o..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
.... The Rule (originally in Civil Revision No. 144 of 1986) was obtained on 03-03-86 by the petitioner in an application under section 115 of the Code of Civil Procedure, shortly the Code, against order dated 03-12-85 passed by the Subordinate Judge at Dinajpur acting as an Arbitrator under section 28 ......er section 28 of the Ordinance to make the application to the Arbitrator for revision of the award and for this reason alone, his application under section 28 is simply not maintainable. As such, the decision of the learned Arbitrator rejecting the application of the petitioner does not call for any..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....he Appellant. FKMA Mahbub, Assistant Attorney-General—For the State. Criminal Appeal No.2087 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 30-11-96 passed by the Divisional Special Judge, Rajshahi Division in Special Case No.26 of 19......her the learned Divisional Special Judge was justified in convicting and sentencing the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II of 1947. Findings and decision. 11. The learned Advocate appearing for the accused appellant has placed before me the f..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
..... Writ Petition No.723 of 1994. Judgment Md. Abdul Quddus J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order bearing No.32/94 (Ga)/Ra: FO-2/5231 dated 27-3-94 (Annexure A) to the petition should not be declared to have been made without lawful a......titioner sent demand of Justice notice dated 22-4-94 (Annexure-C) through Advocate requesting the Respondents to withdraw the impugned order vide notice dated 27-3-94 (Annexure-A) and communicate the decision to the petitioner but with no reply and result. Hence the petitioner moved this Court with ..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....nds. Send down the records of the case to the Court of the Magistrate at once. Also communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 52 DLR (2000) 497.......n 7 DLR (Lahore) 17 in which the question of proscription of that book and its legality was considered under section 99A of the Cr.P.C. was decided by a Special Bench of 3 Judges (Lahore) and in that decision it has been observed as to offence to be-constituted under section 295A of the Penal Code i..Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was obtained by the successors-in-interest of the plaintiff, late Sultan Ahmed against the judgment and decree dated 16-06-94 passed by the Additional District Judge, 4th Court, Chittagong in Other Appeal No.146......11. In view of such submissions, I feel, it is my duty to examine closely the entire evidence, both oral and documentary, on record in facts and circumstances of the case in order to find whether the decision arrived at by the Court of appeal calls for any interference by this Court. 12. The plai..Category: Property Law | Date: | Hits: 113
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