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State Vs. Syduzzaman Faruq, 2010, 39 CLC (AD)

....he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he respondent on bail. There is, therefore, no cogent reason to interfere with the same. '' Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 115. ......he State, represented by the Deputy Commissioner, Dhaka........Petitioner Vs. Syduzzaman Faruq....................................................Respondent Judgment December 5, 2010. Lawyers Involved: Momtazuddin Fakir, Additional Attorney General instructed by Mrs. Sufia Khatun,..

Category: Criminal Law | Date: | Hits: 46

State Vs. Mirza Abbas, 2010, 39 CLC (AD)

.... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114....... the case at this stage. We find no merit in the contention of the learned Attorney General. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 114.......sain J Surendra Kumar Sinha J The State........................................Petitioner Vs. Mirza Abbas....................................Respondent Judgment October 4, 2010. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-R..

Category: Criminal Law | Date: | Hits: 42

Abdul Jabbar Vs. Akter Hossain Bhuiyan being dead his heirs Md. Masud Hossain Bhuiyan & others, 2009, 38 CLC (AD)

....wo S.A. Khatian being Exhibit Kha (2) contained the name of the C.S. recorded tenants along with the name of the predecessors of the plaintiff. In this connection Mr. Dhali submits that it is settled principle of law that the last record of right will prevail than the earlier record of right, in sup......rials on record and hence no interference is called for. Accordingly the application for leave to appeal is dismissed without costs. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 105.........Respondents Judgment March 15, 2009. Cases Referred To- 35 DLR (AD) 216; 35 DLR 295; 17 DLR (HC) 392; 27 DLR 589; 42 DLR (1990) 434; Erfan Ali Vs. Joynal Abedin Mia, 35 DLR (AD) 216. Lawyers Involved: Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioner. Not represented-t..

Category: Property Law | Date: | Hits: 81

Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ......edm J Md. Abdul Matin J Yusuf Jamil Babu.....................................Petitioner Vs. Bangladesh and others .........................Respondents Judgment February 5, 2009. Lawyers Involved: Fida M. Kamal, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-R..

Category: Election Law | Date: | Hits: 116

Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)

....e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......e plaintiff bank will be at liberty to realise the amount through the process of the Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (2000) 571. ......€¦.Petitioner Vs. Shohag Medicine Supply and others………….Opposite Parties Judgment January 22, 1998. Cases Referred to- Amin Jute Mills Ltd. Vs. Arag Ltd., 28 DLR (AD) 76. Lawyers Involved: Muhammad Nazrul Islam, Advocate—For the Appellant. Mahmudul Islam, Advoca..

Category: Banking Law | Date: | Hits: 199

Shah Alam and others Vs. State, 2000, 29 CLC (HCD)

....ter the confessing accused were again given on remand as per prayer of the Investigating Officer. Giving of remand of the confessing accused after recording his confessional statements is against the principle of law and it has been held that the order of remand after recording the confessional stat....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ...... Cases Referred to- Abul Khayer and three others Vs. State, 46 DLR 212; Babul alias Abdul Majid Khan and others Vs. State, 42 DLR (AD) 186; Ustar Ali Vs. State, 18 BLD (AD) 43 = 3 BLC (AD) 53. Lawyers Involved: Md. Khurshid Alam Khan with Ahmed Ali and Md. Salahuddin Talukder, Advocates—..

Category: Criminal Law | Date: | Hits: 67

Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......s. Titas Gas Transmission & Distribution Co. Ltd. Dhaka, 46 DLR 332; 142 ITR 528; 44 ITR 847; Commissioner of Income Tax, Andhra Pradesh Vs. Gopi Krishna Muralidhar, 47 ITR 469 and 51 ITR 835. Lawyers Involved: MA Noor, Advocate—For the Applicant. Md. Aftabuddin—For the Respondent...

Category: Fiscal/Taxation Law | Date: | Hits: 135

Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)

....har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ......har, District-Rajshahi be enlarged on bail in Motihar PS Case No.2 dated 6-3-2000 to the satisfaction of the District Magistrate, Rajshahi. Ed. This Case is also Reported in: 52 DLR (2000) 556. ...... June 8, 2000. Cases Referred To- Md. Mokhlesur Rahman and another Vs. State, 14 BLD 127; Kabil Miah and others Vs. the State 14 BLD 432 = 46 DLR 463; Khalilur Rahman Vs. State, 51 DLR 344. Lawyers Involved: Syed Md. Dastagir Hossain, Advocate — For the Appellant. Syed Abu Kowser, ..

Category: Criminal Law | Date: | Hits: 72

Bally Schutrabriken Ag, Switzerland Vs. Hosnara Begum, 1999, 28 CLC (HCD)

....itzerland and in other parts of the world. 12. Mr. Ohidullah also contended that they relied on the case reported in PLD 1979 Karachi 83, before the learned Registrar but he without discussing the principles of law enunciated in that case most arbitrarily rejected the objection of the appellant a......ined to interfere with the impugned judgment and order. The Court fees paid are correct. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 52 DLR (2000) 546. ...... 1962 Karachi 355; Montres Rolex SA, Geneva Switzerland Vs. Assistant Registrar of Trade Marks and another PLD 1987 Karachi 199; PLD 1979 Karachi 83; Impex Electrical Ltd. Vs. Weinbaum 44 RPC 405. Lawyers Involved: Md. Ohidullah, Advocate—For Appellant. Gazi Md. Neamat Hossain, Advocateâ€..

Category: Intellectual Property Law | Date: | Hits: 210

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

.... that the plaintiff’s position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of ad valorem Court fees. In that case the p......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ......ellants Vs. M/S. Imperial Chemical Industries Bangladesh Limited……………Plaintiff-Respondent Judgment March 20, 2011. Cases Referred To- 19 DLR (SC) 143; 28 DLR (HD) 392. Lawyers Involved: Fazlul Karim with Md. Omar Faruk-For the Appellants. Not represented- the Re..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....ts should not ignore the international obligations, which a country undertakes and that if the domestic laws are not clear enough or there is nothing therein, the national courts should draw upon the principles incorporated in the international instruments. 10. By further elaboration Mr. Faqooqui......s void. He further expounded his argument by referring to Article 5 of the Universal Declaration of Human Rights (UDHR), 1948 which is reflected in Article 35(5) of our Constitution, and Article 6 of International Covenant on Civil and Political Rights (ICCPR), 1966, which was ratified by Bangladesh......Reyes Vs. The Queen Bachan Singh Vs. State of Punjab, [1980] 2 SSC 475; State Vs. Makwanyane 1995(3) SA 391; Francis Kafantayeni and others Vs. Attorney General; Matadeen Vs. Pointu [1999] 1AC 98. Lawyers Involved: M. I. Farooqui, Senior advocate with Md. Ruhul Quddus, Advocate, Md. Abdul Mann..

Category: Criminal Law | Date: | Hits: 128

Ershad Ali Vs. State, 2000, 29 CLC (HCD)

.... from the case of Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others reported in 39 DLR (AD) 59. The facts of the reported case are no doubt different but the principle and rules of interpretation involved in both the cases are the same. In the Dira Dockyard ......n of the District Magistrate, Chandpur. The learned tribunal will however be at liberty to cancel bail if there is any misuse of the same. Ed. This Case is also Reported in: 52 DLR (2000) 544....... Industries Ltd. Vs. Industrial Development Bank 18 DLR (SC) 354 and PLD 1966 (SC) 938; Dira Dockyard and Engineers Ltd. and others Vs. Bangladesh Shilpa Rin Sangstha & others, 39 DLR (AD) 59. Lawyers Involved: Umme Kulsum Rekha, Advocate—For the Appellants. Syed Abu Kowsar, Assistan..

Category: Criminal Law | Date: | Hits: 38

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......kainath Mohanta………….Appellant Vs. Md. Tatikuddin Mondal and others……………Respondents Judgment May 26, 1999 . Case Referred To- Azimunnessa Vs. Rup Gazi, 39 DLR 6. Lawyers Involved: SN Goswami, Advocate—For the Appellant. Shahidul Islam, Advocate—For the..

Category: Property Law | Date: | Hits: 73

Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)

....he aforesaid amount deposited either by cash or by bank security, the 50% of the remaining amount should be deposited at the time of preferring appeal before the High Court Division. They submit that principle as provided in section 6(2) and section 7(2) are similar in view of the fact that by an ap......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.......n) Present: Md. Mozammel Hoque J AK Badrul Huq J Habib Bank Ltd.………Appellant Vs. Eastern Bank Limited and another………Respondent Judgment June 14 & 24, 1999. Lawyers Involved: Mainul Hosein with Monjur Kader, Advocates—For the Appellant-Petitioner. M..

Category: Civil Law | Date: | Hits: 87

Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)

....y objection on the question of amount of VAT and no enquiry was held within the knowledge of the petitioner and requested the respondent No.5 to withdraw the illegal demand which was violative of the principle of natural justice. The petitioner was asked to appear before the respondent No.5 on 20-7-......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533....... Vs. Bangladesh & others…………Respondents Judgment May 25, 2000. Cases Referred To- Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and ors., 48 DLR (AD) 20. Lawyers Involved: Rafiqul Islam, Advocate—For the Petitioners. Obaidur Rahman Mostafa, Deput..

Category: Fiscal/Taxation Law | Date: | Hits: 139

Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)

.... to deposit the money before the cheque is presented for encashment. In any case, our view is that simple dishonouring of a cheque itself is not an ingredient of cheating. 10. It is an established principle that to constitute an offence of cheating as described in section 415 of the Penal Code, t......quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530.......ias Bablu Vs. Shantosh Kumar Sadhu, 46 DLR (AD) 180; Mohadeo Proshad Vs. State of West Bengal, 1954 Cr LJ (SC) page 1806; Syed Ali Mir v Syed Omar Ali as 1990 BLD (AD) 168 (also in 42 DLR AD) 240. Lawyers Involved: Not represented—the Petitioner. SS Halder with Probir Halder, Advocates â€..

Category: Criminal Law | Date: | Hits: 46

Mehnaz Sakib Vs. Bangladesh, 1999, 28 CLC (HCD)

....(SC) 214, the case of Faisal Mahbub Vs. Bangladesh reported in 44 DLR 168 and the case of Sayedur Rahman Khalifa Vs. Secretary Ministry of Home Affairs and others reported in 1986 BLD 272. 15. The principles laid down in these cases substantially apply in this case and we are of the opinion that ......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.......akistan Vs. Mrs. Rowshan Bijaya Shaukat Ali Khan, 18 DLR (SC) 214; Faisal Mahbub Vs. Bangladesh, 44 DLR 168; Saydur Rahman Khalifa Vs. Secretary, Ministry of Home Affairs and others, 1986 BLD 272. Lawyers Involved: Mahbubur Rahman with Ms. Farah Mahbub Advocates—For the Petitioner. KM Sai..

Category: Criminal Law | Date: | Hits: 64

Tarique Rahman Vs. Director General, Bureau of Anti-Corruption, 1999, 28 CLC (HCD)

.... of detention the material basis of its satisfaction that the detenu is required to be detained, failing which the order of detention is liable to be declared illegal and not sustainable and the same principle is applicable in a case under section 4 of the Anti-Corruption Act. 32. We are afraid t...... of Anti-Corruption because the condition precedent for such delegation is satisfaction of the Government which is incapable of delegation. Ed. This Case is also Reported in: 52 DLR (2000) 518. ......angladesh Vs. MH Rahman, 31 DLR (AD) 152; Pearlberg Vs. Varty, 2 All ER (1972) 6; Abdul Hafiz (Md.) and others Vs. Director General, Bureau of Anti-Corruption, Government of Bangladesh, 51 DLR 72. Lawyers Involved: Moudud Ahmed with AM Mahbub Uddin and Md. Humayun Kabir Bulbul and Ireen Mahbub..

Category: Criminal Law | Date: | Hits: 69

Samah Razor Blades Industries Ltd. Vs. Supermax International Pvt. Ltd and another, 1998, 27 CLC (HCD)

....6/93 is hereby set aside and the appellant’s mark is restored to its original position. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) 237.......here. Supreme Court High Court Division (Civil) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Samah Razor Blades Industries Ltd…………….Appellant Vs. Supermax International Pvt. Ltd and another………….………….Respondents Judgment March 11, 199...... RPC 131; 21 RPC 617; Bengal Friends & Co. Dacca vs. Gour Benode Saha & Com Calcutta and another, 21 DLR 357; SM Taufiq and others vs. National Biscuit C, New York, PLD 1962 (Karachi) 355. Lawyers Involved: Syed Ishtiaq Ahmed with SK Siddique and Al Amin Sarker Advocates — For the Ap..

Category: Intellectual Property Law | Date: | Hits: 319

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......nt: Mainur Reza Chowdhury J M A Aziz J Abdur Rahim Chowdhury…………Petitioner Vs. Bangladesh Bank, Dhaka and others………………Respondents Judgment July 10, 1997. Lawyers Involved: Syed Ishtiaq Ahmed with Dr. M Zahir, Rokanuddin Mahmud and Faisal Mahmud Faizee..

Category: Employment/Service Law | Date: | Hits: 79