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Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....001. Judgment Mohammad Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revisional application under section 115 of the Code of Civil Procedure against judgment and decree dated 17-10‑2000 passed by Additional District Judge, Court No. 1 at Narayanganj in Title Appeal......ked Exhibit Nos. 1 to 4 series while those of the defendant Exhibit No. Ka and Kha. 8. The trial Court dismissed the suit and the appeal of the plaintiff taken therefrom was also dismissed and the decision of the trial Court affirmed by the impugned judgment and decree. It may be noted that durin..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
.... Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Sessions Jud......r Muslim Shariah wherein the dowry money was fixed at Taka 1,00,000. Zitu was the witness in that Kabinnama. They stayed together in their house from 1-30 to 5-00 PM as husband and wife and they took decision that they would inform their parents afterwards. From that very date they used to go to dif..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....irected against the judgment and order passed by the learned Judge, Speedy Trial Tribunal, Khulna in Speedy Trial Tribunal Case No. 37 of 2004 arising out of Court Chandpur Police Station case No. 03 dated 8-8-2003 corresponding to GR case No. 76 of 2003 convicting the appellants under sections ,3...... he is found to be 16 years of age, the trial Court will proceed with Special Tribunal Case No. 12 of 1993 and dispose of it accordingly." 22. In the light of the above discussion and law and decisions bearing with the matter, we are of the view that the learned Judge, Speedy Trial Tribunal ..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....@ Faroque, Md. Selim Hossain and Uzzal @ Elias Hossain on being convicted under section 9(2) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (henceforth referred top as "the Ain") by judgment and order dated 9-10-2002 in Nari-o-Shishu Case No. 284/2002. In addition, all the accused persons were ordere......ence is hearsay since the victim did not give evidence and is, therefore, to be left out of consideration as being inadmissible. In this regard the learned Deputy Attorney-General has referred to the decision showing that hearsay evidence is admissible in certain cases as provided by the Evidence Ac..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellants (1) Taju, (2) Azahar, (3) Hanifa and (4) Monir is directed against the judgment and order of conviction and sentence dated 30-11-2002 passed by the learned Additional Sessions Judge and Nari-o-Shishu Nirjatan Daman Bi......s only on the basis of the fact that the accused persons absconded immediately after the occurrence. Substantiating this point the learned Advocate further contends that the Tribunal misconstrued the decision of Nizam Hazari vs State reported in 53 DLR 475 while convicting the appellants relying o..Category: Criminal Law | Date: | Hits: 42
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Tuta Pramanik has been preferred against the judgment and order of conviction and sentence dated 9-82004 passed by the Special Tribunal Judge No. 3, Bogra in Special Tribunal Case No. 30 of......rms Act when it is not clearly proved on the facts and circumstances of a particular case that the arms and ammunition alleged to have been recovered was kept by the accused himself. The long line of decisions are available on the point. The law is very much rigid and settled on this point. Regard m..Category: Criminal Law | Date: | Hits: 42
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....AT, Feni Division at Feni for adjustment of the amount of IDSC paid at the time of import of said raw material of Hot Rolled Steel in the current account as drawback. 5. By the impugned order dated 19-9-06, the respondent No. 3 rejected the prayer mainly on the basis of a circular dated 25-5......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... Respondents. Writ Petition No. 2826 of 2003. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the respondents to show cause as to why Memo No. 115 (AP)/DA/2003 (Angsha)/385(1) dated 12-3-2003 (Annexure-F) issued under the signature of the Deputy Director, Directorate of Gov...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
.... Civil Revision No. 1133 of 2003. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115 (1) of the Code of Civil Procedure is directed against the judgment and decree dated 15-4-2002 passed by the learned Additional District Judge, 2nd Court, Sylhet in Title Appeal......dence on record passed the impugned judgment and decree and that the impugned judgment and decree is not tenable in law, therefore, the same is liable to be set aside. 12. Mr. Zafor Ali, cited the decisions in the case of Mallikpur Fishermen's Cooperative Society Limited vs. Secretary, Ministry..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....for the Parties. Civil Revision No. 156 of 1996. Judgment Md. Abdur Razzaque J.- This Rule at the instance of the pre‑emptor petitioner is directed against the impugned judgment and order dated 30‑7‑1995 passed by the learned Subordinate Judge, 2nd Court Mymensingh in Miscellaneous A......ur of opposite party No.1 by his judgment and order dated 29‑8‑1993. Then in the appeal learned Subordinate Judge, 2nd Court, Mymensingh by his judgment and order dated 30‑7‑1995 reversed the decision of the learned trial Court and dismissed the pre‑emption proceeding. 5. Being aggrieve..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....sion No. 2609 of 1999. Judgment NK Chakravartty J.- This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complai......ow rejected the petition by the impugned order dated 16-5-99 and fixed up next date on 6-6-99 for hearing without applying its judicial mind and thereby caused errors of law resulting in error in the decision occasioning failure of justice. 10. That the parties were the tenants under the petition..Category: Civil Law | Date: | Hits: 77
....il 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 order dated 29-3-2006 passed by the learned Additional District Judge, Court No. 7, Dhaka in Civil Revisio......onal application was filed on 19-1-2006 and the judgment passed in Civil Revision No. 1701 of 2005 on 8-2-2006 has not decided about pending case before the learned District Judge. So, in view of the decision of the larger Bench, the jurisdiction of the District Judge in pending case was not taken a..
Category: Property Law | Date: | Hits: 34
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....le thereon. Against the said order of assessment, the applicant preferred an appeal before the Commissioner of Customs (Appeals), Dhaka, who allowed the appeal in part giving some relief by his order dated 28-3-2001. Being not satisfied, the applicant took further appeal before the Taxes Appellate T...... did not approve book adjustment by the assessing officers on account of the book profit under section 115J of the Income Tax Act, 1961 (of India) in view of the construction of said section in the decision of the Supreme Court of India in the case of Apollo Tyres Ltd vs Commissioner of Income Tax..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....vernment 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 2/12 dated 29-10-2000. The said application form and chalan were forwarded under cover of a letter dated ......n spite of his repeated reminders the respondents remained silent without disposing of the said application for issuance of an import permit. It appears that the respondent No. 1 has failed to give a decision on the petitioner's application for import permit. It is asserted on behalf of the petiti..Category: Business or Commercial Law | Date: | Hits: 219
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....uiry neither the complainant nor the witnesses came to make any statements, as such, the case may be filed. Against which naraji petition was submitted and it appears that learned Magistrate by order dated 14-5-2002 sent the same for a judicial inquiry. By order dated 1-12-2002 the Magistrate opined......f the offence against the accused petitioner is liable to be set aside or, in the alternative, the entire proceeding should be quashed. In support of his submissions, the learned Advocate relied on a decision reported in 28 DLR 389. 4. Mr. Khondker Mahbub Hossain, learned Advocate, appearing..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....Writ Petition No. 3931 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by the respondent No. 1, so far it relates to classified Borrower Code No. ......in the circumstances, he submits that the inclusion of the name of the petitioner in the CIB list is illegal and should be ordered to be struck down . In this respect, he has drawn our attention to a decision reported in 1 Law Guardian page 434 as well as the unreported judgments of this court in Wr..Category: Banking Law | Date: | Hits: 125
....ent
Tariq-ul-Hakim J.- Rule Nisi under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 5-1-2003 passed by the respondent No. 2 vide Memo No. 23 Judiciary 7/2N-39/94 (Annexure-F) and...... cause notice, the respondents issued the impugned orders canceling his appointment as Nikah Registrar and the same is not sustainable in law. In support of his submission, he relies on an unreported decision in Writ Petition No. 1803 of2000 passed by a Division Bench of this Court wherein it has be..
Category: Civil Law | Date: | Hits: 77
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....nvict appellant petitioner Md. Ali under section 439 of the Code of Criminal Procedure calling upon sole State-opposite party represented by Deputy Commissioner, Chittagong as to why the Judgment dated 2-9-04 by Metropolitan Sessions Judge, Chittagong as appellate Court dismissing appeal No. 2......ide judgment dated 3-11-2002. 10. On appeal by accused Mohammed Ali, Metro-Sessions Judge Chittagong as appellate Court dismissed Criminal Appeal No 291/04 vide Judgment dated 2-9-04 upholding the decision of trial Court but reducing the sentence of appellant from 3 years RI to 2 years RI. 11...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
....upon an application filed by the opposite party No. 1, Unilac Sanowara (BD) Ltd. (hereinafter referred to as "opposite party No. 1") the order of stay was vacated. By a subsequent order of this Court dated 7-8-2004 the petitioner was directed to deposit Taka 1 lakh as security for costs, which has b......presentation that it was the proprietor of the mark since 1990, the registration of that mark is liable to be expunged on that ground of fraud alone. In this regard, learned Counsel referred to the decision in the case of Societe de Fabrication et de Distribution de Parfumerie et Cosmetique (DIPAR..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
.... Civil Revision No. 1369 of 2002. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This Rule was issued calling upon the opposite party Nos. 1-10 to show cause as to why the judgment and decree dated 13-11-2001 passed by the learned District Judge, 2nd Court, Narsingdi, in Title Appeal No. 43 ......properly. The learned Joint District Judge also without going through the merit of the suit and discussing the evidence on record and without considering the registered deed erroneously supported the decision and finding of the learned Senior Assistant Judge, Narsingdi and illegally dismissed the ap..Category: Property Law | Date: | Hits: 40
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