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Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....ment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused appellant Monir Hossain alias Monir has been preferred against the judgment and order of conviction and sentence dated 1-62002 passed by the Judge, Nari-o-Shishu Nirjatan Daman Adalat No. 1, Barguna in Nari-o-Sh......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..Category: Criminal Law | Date: | Hits: 33
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... Judgment Tariqul-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned Notification bearing Memo Nos. 22.44.1.00.292.2000 (Part-l)-l 185 dated 27-12-2001 and 22.44.1.00.292.2000 (Part-1) dated 28-1-2002 issued by the Director General......ehalf of the respondent No. 1, submits that the petitioners were in the service of the Republic and that the instant Rule concerns their terms and conditions of service. He points out that as per the decisions in the cases of Mujibur Rahman vs. Bangladesh reported in 44 DLR (AD) 111 and Delowar Hoss..Category: Employment/Service Law | Date: | Hits: 107
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ndents. Writ Petition No. 2401 of 1998. Judgment SAK Md. Dabirush-Shan J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to ......s that the Bureau of Anti-Corruption ought to have mentioned in the impugned notice the reference of the government letter of satisfaction. In support of his contention, the learned Counsel cited the decision in the case of Begum Tahmina vs. Government of the People's Republic of Bangladesh represen..Category: Anti-Corruption Laws | Date: | Hits: 150
Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)
.... Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-61. Not represented- Respondent Nos. 62-63. Civil Appeal No.29 of 2005. (From the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308 of 19......low has not considered the material evidence, which were considered by the trial Court and without considering that the defendant No.1 failed to produce the original deed dated 22.02.1958 revered the decision of the trial Court; that it would appear from the order No.13 dated 04.08.1982 passed by th..Category: Property Law | Date: | Hits: 28
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....General—For the State-Respondent. Criminal Appeal No. 1715 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 22-3-2005 passed by learned Sessions Judge, Kishoreganj, convicting the accused-appellant unde...... the Penal Code and, as such, the appeal should be allowed and the accused-appellant be acquitted as the impugned judgment is not legal and proper. In this connection, learned Advocate has cited some decisions on "last seen" reported in 43 DLR (AD) 182 (State vs. Khasru), 11 DLR (SC) 365 (Shamsuddin..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
.... Advocate—For the Opposite-Party. Civil Revision No. 2328 of 2001. Judgment SM Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 25-3 2001- passed by the learned Subordinate Judge, First Court, Naogaon, in Title Appeal No. ......he learned Counsel lastly submits that the learned Judge of the Court of appeal below failed to weigh and sift the evidence as required by law and evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. ASM Rahmatullah, the learned Advocate for op..Category: Property Law | Date: | Hits: 26
Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued under Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in evicting the petitioner from his ...... submits that the petitioner does not have any locus standi to challenge the order of cancellation of his lease after 9 years. He further submits that by memo. NO.BPRH/2L-69/85-396 dated 12-5-2003, a decision was taken to lease out the disputed land to respondent No.7 to be renewable after every 5 y..Category: Constitutional Law | Date: | Hits: 200
Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....rney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 should not......-K) from the Office of the respondent No. 2 to vacate the aforesaid premises. 3. Being aggrieved, the petitioners have come to this Court and obtained the present Rule. 4. It is stated that the decision to acquire land by the aforesaid LA proceedings was finalised by the Deputy Commissioner, L..Category: Property Law | Date: | Hits: 57
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....har Tribunal No. 4 Dhaka, seeking confirmation of death sentence imposed upon the absconding condemned accused (1) Kajal Ahmed Jalali under sections 302/34 of the Penal Code by his judgment and order dated 17-3-2004 passed in Druta Bichar Tribunal Case No. 38 of 2003, which arose out of Motijheel ......her witnesses. He deposed that on 30-6-2001, afternoon, Shujan came to his shop in the Bazar and told him that the accused Dr. Roushan Alam held a meeting with his men at Dhanmondi Office and he took decision to kill victim Shujan. He also heard from Shujan at that time that one Abu Taher informed t..Category: Criminal Law | Date: | Hits: 109
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....ed Refaat Ahmed J.- In this application under section 115 of the Code of Civil Procedure Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and decree dated 12-5-2004 passed by the District Judge, Barguna in Title Appeal No. 25 of 2003 reversing those......endant No. 1-petitioner is now aggrieved by the impugned appellate Judgment and decree primarily by reason that the said judgment and decree of reversal do not benefit from well-reasoned findings and decision as mandated under Order XLI, rules 31 and 33 of the Code of Civil Procedure (hereinafter re..Category: Property Law | Date: | Hits: 32
Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)
....ern of Unilac Australia Ltd and having the same company secretary, knew since 1991 that Sanowara has been using the trademark in question, it is pointed out that the trademark application of Sanowara dated 11th August, 1991 was duly advertised in the Trade Marks Journal published on 31-10-2000 and a......word 'Diploma' that inclusion of the device does not in any way distinguish the trademark from that of the petitioner since the same distinctive word is being used. In this regard, he referred to the decision in the case of KR Chinna Krishna Chettiar vs. Sri Ambal & Co. and another reported in A..Category: Intellectual Property Law | Date: | Hits: 199
Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)
....e provisions in the Code, as, for example, in sections 103(3)(4), 165(5), 166(5), and 173(4) of the Code for delivery of copies, but in section 164 no such provision has been made spelling out any mandate for giving copy of the said statement to the accused. In view of such conspicuous absence of an...... legislate so. But we find in reality that in the case of statement under section 164 of the Code, they deliberately did not do it in the interest of investigation, nay of public policy. A Full Bench decision in the case of Queen Empress vs. Arumugam and others, reported in 20 1LR (Madras) 189, may ..Category: Criminal Law | Date: | Hits: 25
N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....plicant. Dabiruddin Ahmed, Deputy Attorney-General For the Respondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 o......ed Advocate further submits that in the instant case the DCT without disclosing any basis included Taka 11, 50,000 in the trading account most illegally. In support of his contention he relied on the decision reported in (1944) XII ITR 393. The learned Advocate further submits that in estimating the..Category: Fiscal/Taxation Law | Date: | Hits: 72
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
....e-Opposite Parties. Criminal Miscellaneous Case No. 1238 of 2001. Judgment AFM Abdur Rahman J.- Bhaskar Chakraborty, the accused petitioner, in Tejgaon Police Station Case No. 67 dated 20-9-2000, initiated under sections 406/420 of the Penal Code comprised in GR Case No. 3452 of......he accused petitioner relied upon the principle that the alleged transaction being the business transaction is immune from the allegation of criminal breach of trust and cheating as enunciated by the decision of the case of Dewan Obaidur Rahman vs. State and another reported in 1999 BLD (AD) 128, wh..Category: Criminal Law | Date: | Hits: 81
Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ay granted earlier is hereby vacated. The learned Magistrate, 1st Class, Natore is directed to dispose of the Complaint Case No. 379 of 1990 pending before him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed.......ituted on a police report. (3) Where it is brought to the notice of such Magistrate or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thi..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....ment Khademul Islam Chowdhury J.- This appeal at the instance of convicted-appellants Naimuddin alias Md. Naimuddin alias Malua and another is directed against judgment and order of conviction dated 17-9-2000 passed by the Additional Sessions Judge, 2nd Court and Nari-o-Shishu Nirjatan Daman ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
.... Bangladesh, calling upon the respondents to show cause as to why the petitioner should not be deemed as still being in service and the impugned notification in Memo No. Sha. Ma. Po-l/Neog-1/2000/440 dated July 25, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry ......en the parties on 11-3-2001 but the concerned authority by violating the terms made in the contract passed the impugned order without any lawful authority. The learned Counsel adds that before taking decision to cancel the appointment of the petitioner, no opportunity of being heard was given to him..Category: Employment/Service Law | Date: | Hits: 76
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....ab Miah J.- This reference application under section 160 of the Income Tax Ordinance, 1984, (hereinafter referred to as the Ordinance 1984) at the instance of the assessee has arisen out of the order dated 6-12-1999 passed by the Taxes Appellate Tribunal, Division Bench No. 3, Dhaka in Income Tax Ap...... having been clearly pointed out in the assessment order of the DCT, he as well as the Tribunal did not commit any illegality in not accepting the audited account as a whole. We have also perused the decision cited by Mr. Altaf Hossain, as mentioned hereinbefore; we do not dispute the proposition of..Category: Fiscal/Taxation Law | Date: | Hits: 64
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... Siddiqur Rahman Miah J.- This criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of the convict Monwar Mallik directed against the judgment and order dated 23-4-2003 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in Nari-......deposition of the prosecution witnesses, the impugned judgment and material papers available in the paper books and submits that this is a case of no evidence but the learned trial Court arrived at a decision on guess and surmise. He further submits that the learned trial Court below failed to consi..Category: Criminal Law | Date: | Hits: 38
....p; 10 (In Civil Appeal No. 265 of 2002).
Not Represented- Respondent Nos. 1-5, 9 & 11-18, (In Civil Appeal No. 265 of 2002).
Civil Appeal No.251-266 of 2002.
(From the Judgment and order dated the 4th day of July, 2000 passed by the High Court Division in Writ Petitioners Nos. 2111,2149......e Rules made thereunder, the Arbitrator erred in setting aside the compensation assessed by the Deputy Commissioner and the Appellate Authority and the High Court Division erred in upholding the said decision. The learned Counsel further submitted that the Kananga of the office of Additional Commiss..
Category: Property Law | Date: | Hits: 37
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