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Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ...... Rin Adalat Ain, 2003 has provided for Civil imprisonment of the Judgment-debtors for a maximum period of 6(six) months for the purpose of making the Judgment-debtors compelled to pay the decreetal amount and that this section 34 of the Artha Rin Adalat Ain, 2003 does not say anything as to issuan..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......y No.1 in this matter, filed a petition of complaint before the Court of Chief Judicial Magistrate, Sylhet, against the accused-petitioner alleging, amongst other, that the accused-petitioner owed an amount of Tk. 9, 00,000/- to the petitioner and his partners. The accused-petitioner paid Tk. 50,000..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......in nature and no manufacturer of cosmetic product can claim monopoly over such word and the Court below granted temporary injunction relying upon the similarity of the trade mark which is against the principle of law. 6. The learned Advocate appearing for the respondent opposes the appeal and s...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
.... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1.......tment or punishment. This obligation is contained in a number of international treaties binding on Bangladesh. The universally recognized prohibition of torture or other ill-treatment is also a basic principle of customary international law.
b) Article 7 of the International Covenant on Civil and......l be subjected to torture or cruel, inhuman or degrading punishment or treatment.
32. The incidents detailed in the Writ Petitions also involve violation of Articles 27, 28 and 35 inasmuch as they amount to discrimination against women, who are overwhelmingly the subject of such extra-judicial pe..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
.... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
......dly a less developed country in the world and so in consideration of the level of the economic development of the state, imposition of VAT is very much appropriate and not in violation of fundamental principle of state policy of this Constitution. The learned Assistant Attorney General further submi...... of the learned Assistant Attorney General appearing for the petitioners.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 457; 18 BLC (AD) (2013) 52.
..
Category: Health Law | Date: 8 Jul, 2010 | Hits: 376
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......e Judgment and Order of Artha Rin Adalat. But under section 7 of Artha Rin Adalat Ain, 1990 appeal can be preferred against the aforesaid Judgment and order. For preferring appeal 50% of the decretal amount must be deposited. Secondly, by filing application under Order IX Rule 13 of the Civil Proced..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......older. This is clear from the definition of the word 'negotiation’, as given in section 14 of the Act. Crossing of a cheque as account payee does not mean that the right of the payee to collect the amount due under an account-payee cheuqe has ceased. Crossing of cheque simply requires the payee to..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ......on miserably failed to prove the case against the appellants, beyond all reasonable doubt and, as such, the learned trial Court ought to have acquitted the appellants but without considering the said principle of law illegally convicted the appellants. The learned Senior Counsel further submits that......e set at liberty at once if not wanted in connection with any other case. Send down the LC records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)16. ..Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
.... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ......stoms Act, 1969 for non compliance of the order as contained in notice dated 23.7.2001 and that since the above initial order of the appellant No. J dated 23.7.2001 having been issued in violation of principles of natural justice is not a legal order, the respondent had no legal obligation to abide ......n Writ Petition No.5093 of 2001 making absolute the Rule obtained challenging the Memo dated 23.7.2001 issued by the appellant No.1 demanding Tk. 6,22,94,519.22 which included Tk. 2,61,04,281.00, the amount evaded against customs duties, VAT, income tax and other dues and also Tk. 3,97,85,650.64, th..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....aintiff sincerely believed defendant No.1 very much and frankly entered into contract for sale by writing the above mentioned bainapatra and gave Taka 30,00,000 (thirty lakh) to defendant No.1 in two installments. It is further plaintiff's case that, the sons and daughter of defendant No.1 furnish......ode of Civil Procedure provides that pleadings must contain all material facts, while rule 3 of Order VIII of the Code requires that denial in the written statement must be specific. It is a cardinal principle of law that material facts must be stated by the parties either in offence or in defense. ......ed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnest money and defendant No.1 be directed to execute and registered the sa..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
.... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ...... 33. The order of stay granted earlier by the court stands vacated. Communicate the judgment to the respondents at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 138. ......hy;ment revenue from the petitioner's current account Register through treasury challan or to explain his position in writing within 7 days alleging that the petitioner took excess rebate of that amount from December, 2007 to June, 2008. The petitioner upon receipt of the said letter dated 8-9-2..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Nazma Sarwar and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ......haka and others...................Respondents Judgment May 6, 2010. Result: The Rule is discharged. Surrender before the court and fugitive from justice The principle of criminal jurisprudence is that the person concerned should submit to the process of j......opy of this judgment be transmitted to the Court concerned at once. SM Emdadul Hoque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 359; 17 MLR (HCD) (2012) 412. ..Category: Procedural Law | Date: 6 May, 2010 | Hits: 109
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......e accused-petitioner and the accused-petitioner being his close relation took Taka 50,00,000 (fifty lakh) only on account of business transaction from the complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitioner issued a cheque in favour of complai..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 CLC (HCD)
.... The order of stay granted earlier shall stands vacated. Send a copy of this judgment to the Court concerned for compliance. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 300.......) 195. 23. In this connection we may also profitably refer the decision in the cast of Ali Akkas Vs. Enayet Hossain and others reported in 17 BLD (AD) 44 wherein their lordship held" the settled principle of law is that to bring a cause within the purview of section 561A for the purpose for qua......s as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account. - (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either be..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 22; 30 BLD (HCD) (2010) 429 .......ch decision should not normally be inferred.” 14. As regards quashing of proceeding in a Criminal Case the Appellate Division has set up five categories which are as follows: "The settled principle of law is that to bring a case within the purview of section 561A for the purpose of quash...... initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused; (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the Court; (3) Where there is a legal bar against the i..Category: Criminal Law | Date: 22 Apr, 2010 | Hits: 107
Kazi Md. Abdul Basit Vs. State, 2010, 39 CLC (HCD)
....r arrived at a correct decision which does not require any interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 17 MLR (AD) (2012) 219. ......nted to the public servant if the act complained of has not been committed by him in connection with the discharge of his duty or in the purported exercise in the discharge of his official duty. This principle has been elaborately discussed by the Indian Supreme Court in the case of P.P. Unnikrishna...... offence committed on account of an act done in pursuance of any duty or authority. In the latter, the act done itself, should be an exercise in discharge of his duty or authority and that act should amount to an offence. It is not enough that the act complained of was only purported to be in exerci..Category: Criminal Law | Date: 13 Apr, 2010 | Hits: 119
....4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
......gned orders are liable to be declared to have been passed without jurisdiction in as much as, the impugned e orders have been passed in abuse of executive power for ulterior motive as because settled principle is that the goods should be assessed on the basis of the duty which was existent on the da......4.07.2007. The respondents are hereby directed to release the Bank Guarantees in accordance with law if submitted by the petitioner.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 437.
..
Category: Fiscal/Taxation Law | Date: 25 Mar, 2010 | Hits: 134
Sayeda Nasima Sarwar Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ...... there. We are of the view that in the absence of such surrender she is a fugitive from justice. In this regard we take support from the case of Mahmud Hossain, where it was held: "Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 350. ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 103
Safiat Sobhan Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ...... by this Court at the time of issuance of the Rule is hereby vacated. Let a copy of this Judgment be communicated at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 511. ......by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1.- To constitute the abetment of the illegal omission of an act may amount to on offence although the abettor may no himself be bound to do that act. Explanation ..Category: Anti-Corruption Laws | Date: 22 Mar, 2010 | Hits: 189
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......er defendants) and other have been amicably settled on 23.08.2003 along with other suits as the guarantor of loans, Mr. Rustom Ali, has taken over the entire liability and paid the entire principal amount under a settlement agreement dated 23.08.2003 waiving the interest of the loan and the lear..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
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