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.... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......
Abdul Quyaum with Tapash Kanti Biswas and Md. Ali Reza, Advocates—For the Opposite Parties.
Civil Revision No. 937 of 2006.
Judgment
Siddiqur Rahman Miah J.- This revisional application under section 115(4) of the Code of Civil Procedure is directed against the judgment and..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....e case under Nari-o-Shishu Nirjajtan Daman Ain, 2000 and issue warrant against the rest accuseds. The revision case is accordingly, disposed of." 6. It is settled principle of law that naraji is a fresh complaint. The order passed by the learned Sessions Judge taking cognisance in revision arisen......or the accused petitioners, submits the learned Sessions Judge acted without jurisdiction, in other words, exceeded his jurisdiction in taking cognisance of the offence in disposing of the revisional application arisen from a naraji petition. 3. Mr. Helaluddin Mollah, learned Deputy Attorney-Gen..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....officers in the process of assessment. 26. For the foregoing reasons, the impugned order of the Taxes Appellate Tribunal cannot be sustained in law. Facts and circumstances of the case demand fresh assessment in the light of our observations. 27. We accordingly, answer the questions ......n surmise and conjecture. None of the appellate authorities could appreciate the specific objections taken against such arbitrary disallowances. Such disposal of appeals could only be possible by non-application of mind. 9. In the trading/receipt account, the applicant claimed receipts on t..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458.......nd 5 of the Destructive Insects and Pests Rules, 1966 framed pursuant to the powers delegated to the Government under section 3 of the Destructive Insects and Pests Act, 1914. The petitioner filed an application on payment of requisite fees of Taka 310 through Government Treasury Chalan No. Ga Da 2/..Category: Business or Commercial Law | Date: | Hits: 219
....ders of stay is recalled and vacated.
Send a copy of this judgment to the respondent No. 3 for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 448.
......tioner has come to this Court and obtained the instant Rule and ad-interim order staying the aforesaid impugned orders.
4. Respondent No. 4 is contesting this Rule by filing Vokalatnama and an application for vacating the order of stay contending, inter alia, that the petitioner obtained ap..
Category: Civil Law | Date: | Hits: 77
....y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......er.
Humayun Kabir Bulbul, Deputy Attorney-General-For the Opposite Parties- State.
Criminal Miscellaneous Case No. 3353 of 2006.
Judgment
Nazmun Ara Sultana J.- This Rule was issued on an application under section 491 of the Code of Criminal Procedure calling upon the opposite parties ..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ction . . . there is no use of sending the appeal back to the High Court Division for consideration on merit. Learned Advocate submits that if the case be sent back to the Court below to hold the fresh trial under provisions of Special Powers Act in view of recovery of bottles of Phensidyl fro......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......lam, Md. Tosaddeque Hossain, Advocates—For Opposite Party No. 1. Trade Mark Application No. 11 of 2002. Judgment Md. Imman Ali J.- New Zealand Milk Brands Ltd filed the instant application under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as "the Act") for..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ......judgment and decree of the trial Court by his judgment and decree dated 13-11-2001. 8. Being aggrieved by the judgment of affirmance the plaintiff-appellant-petitioner filed the instant revisional application before the High Court Division. 9. The learned Advocate Mr. Mushfiquddin Bakhtiar, ap..Category: Property Law | Date: | Hits: 40
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
....vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......versing this finding, made the Rule absolute and further the High Court Division did not give any opportunity to the defendant-petitioner to file additional written statement even after following the application filed by the plaintiff for amendment of the plaint; that the Court of Appeal below held ..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......h, question of right of self-defence does not arise at all. We find no ingredients of section 304 part II of the Penal Code and the decisions of cases cited by the learned Advocate, have no manner of application in the facts and circumstances of this case. 13. Accused Shahjahan admitted in hi..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ...... below rightly decreed the suit, which calls for no interference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels, I have gone through the revisional application, the pleadings, evidences, all exhibits, judgments and decrees of the Courts below, and ..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....itioner for 5 years for establishment of a 'petrol pump' for a premium of Taka 32,727.27 to be paid each year. Before expiry of that period of lease, the petitioner and respondent No.6 entered into a fresh lease agreement for another 10 years to be renewable after every 5 years as evident in Annexur......cate—For Respondent No. 7. Zaman Akhter Bulbul, Deputy Attorney-General— For Respondent No. 6. Writ Petition No. 3681 of 2003. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nis..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... has been acquired for a public benefit is not a sufficient excuse. in our opinion, if the respondents are interested in acquiring the petitioners' land for the public benefit then they ought to make fresh acquisition/requisition-proceedings. The present acquisition proceedings of the, petitioner's ......e), Lakshmipur made his award of compensation on 18-71994 as per section 7(3) of the Ordinance, the petitioners have not received any compensation. On 1010-1995, the petitioner No. 1 filed an application with the Office of the Deputy Commissioner, Lakshmipur which was numbered as Petition ..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....10 witnesses under section 161 of the Code of Criminal Procedure. He also took steps for recording of 164 statement of 4 witnesses and accordingly, he produced them before the Magistrate. He prepared fresh sketch map and index showing place of occurrence which are admitted in evidence as Exhibits-45......not cross-examine him. 40. PW 23 Jadu Gopal Chakrabarti was a Police Officer attached with Tejgaon Police Station on 178-1996. He deposed that on 17-8-96 he recorded GDE No. 1469 on the basis of application submitted by Shahjahan Howlader Shujan. In the GDE he made allegation about the threat o..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
..... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......d. Muzibur Rahman, Advocate—For the Petitioner. Azra Ali with Shahidul Islam, Advocates—For the Opposite Party. Civil Revision No. 2063 of 2004. Judgment Syed Refaat Ahmed J.- In this application under section 115 of the Code of Civil Procedure Rule was issued calling upon the opposi..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....d and accordingly, the registration certificate issued shows the wrong date of registration. It was noted that the applicant will be requested to return the original certificate and that thereafter a fresh certificate of registration and renewal certificate should be issued. (h) The office no......-ul Huq, Senior Advocate with Kamal-ul Alam and Md. Tosadeque Hossain, Advocates—For the Opposite Parties. Trade Mark Application No. 9 of 2002. Judgment Md. Imam Ali J.- This application was filed by the petitioner, Bonlac Foods Limited (hereinafter referred to as "Bonlac") ..Category: Intellectual Property Law | Date: | Hits: 199
Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)
....e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328....... No. 21 of 2001. 5. Challenging the entire proceeding in CR case No. 509 of2000 pending before the Magistrate, 1st Class, Madaripur, the accused petitioners six in number preferred this revisional application and obtained the instant Rule. 6. Pursuant to the Rule, the learned Assistant Att..Category: Criminal Law | Date: | Hits: 28
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ...... Kabir Chowdhury J.- Challenging the legality of an order refusing to furnish certified copy of statement of co-accused under section 164 CrPC this Rule was obtained by the accused-petitioner upon an application under sections 439/435 of the Code of Criminal Procedure. 2. Short facts leading to t..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......stimating receipt of Taka (11, 50,000 in the Trading account and the determination of the gross profit @ 40% thereon without specifically finding any defect in the books of account. In this reference application in paragraph No. 7 the filing question has been formulated for our opinion: “(a) Wh..Category: Fiscal/Taxation Law | Date: | Hits: 72
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