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.... preparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......ate intruded by Habibur Rahman Miah, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 1800 of 2009.
(From the judgment and order dated the 25th day of May, 2009 passed by the High Court Division in Civil Revision No. 5274 o......ed till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 631.......d in: VII ADC (2010) 631...
Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ication No. 25 of 1997. Judgment Md. Awlad Ali J. - This reference under section 160 of the Income Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96...... Cases Referred To- Essential Industries Model Town, Lahore vs. Central Board of Revenue; Government of Pakistan Taxation Vol. 17 page 247; Assessee vs. Department 1993 BTD 31; Colonial Sugar Refining Co. vs. Irring (1905 AC 369). Lawyers Involved: Sarder Jinnat Ali, Assistant Attorney-G...... Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
..... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464....... Appellants. AQ Rashid Ahmed, Assistant Attorney-General — For the State. Criminal Appeal No. 2427 of 1999. Judgment Gour Gopal Saha J. - These two appeals arise out of the judgment and order dated 15-9-1999 passed by the Assistant Sessions Judge, Magura in Sessions Case No. 16 of 1999...... bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......as ransom to be paid by 1997. Thereafter the miscreants asked not to disclose this fact to anybody. He also stated that the miscreants had given out to him that they would come back soon to take the money. At about 9-30 PM on 31-1-1997 the informant was coming back home from Magura Town and when he ..Category: Criminal Law | Date: | Hits: 28
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......erred in the respective Artha Rin Court within the District. In that view of the matter this Money Suit No.1 of 1988 stood transferred to the Artha Rin Court on and from 31-7-1990 although the formal order was recorded by Order No. 30 on 11-10-1990 and since 31-7-1990 this suit will be prosecuted in......ther………. Respondents Judgment December 9, 2001. Case Referred To- Sultana Jute Mills Ltd vs. Agrani Bank 1994 BID (AD) 196=46 DLR (AD) 174. Lawyers Involved: Mohammad Hossain, Advocate—For the Appellant. Habibul Islam Bhuiyan, Senior Advocate with Aminul Islam, Advoc...... Taka 8.00 lac was allowed in its favour by the plaintiff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make ..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......appearing for the State strongly opposes the prayer for transfer of the case on the ground that in the absence of any allegation of bias in the learned Court in dealing with the case, there can be no order of transfer of the case from Barisal to any other District just on the unfounded and vague all......e the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......LR (2002)457...Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......esaid suit, the respondent No. 4 also filed an application for injunction restraining the respondent No. 3 from delivering possession of the said godowns to the petitioner and accordingly, injunction order was passed. 6. On 4-2-1996 the respondent No. 3 Bangladesh Jute Corporation agreed to settl...... of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453....... (2002)453...Category: Property Law | Date: | Hits: 22
....dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......wful and validly issued by the respondents under the provisions of section 5(2), 6, 7(1), 8 and 9 of the Ordinance No. 24 of 1970, the notice having been issued mala fide for a collateral purpose in, order to grab property of the petitioner and her husband, the same is liable to be declared to have ......reby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448.......n: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......after the learned Magistrate after hearing the parties framed charge against the accused petitioner herein on 8-2-2001 under section 406 of the Penal Code. 4. The petitioner being aggrieved by the order of taking cognisance under section 406 of the Penal Code and framing of charge in the aforesai......proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......)445...Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....or declaration that the suit property as described in Schedule A to the plaint measuring an area of 29.41 acres was never treated as enemy property and that notification No. 6330 EPMC dated 31-7-1965 published in Dhaka Gazette dated 4-11-1965 was illegal, without jurisdiction and not binding upon th......bove, I do not find any error committed by the appellate Court in passing the impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......mad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors vs. Babar Ali Bepari 33 DLR (AD) 124. Lawyers I......also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......No. 2 gave to accused No.1 Tarani Mohan Ghosh as illegal gratification. At that time, the persons present protested this sort of behaviour meted out to him by the accused when the accused No.2 at the order of accused Nos. 1 and 3 put him in Court hazat after assaulting him by fists and blows. He cri......rged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......so Reported in: 54 DLR (2002)436...Category: Criminal Law | Date: | Hits: 62
....o.4 is engaged in commercial and business activities earning income and profits as evidenced by the book-let titled “A Guide to Scientific And Technical Services Offered To Outside Organizations” published by the Respondent No.4 and that as the Respondent No.4 Commission is involved in the Comme......l Haq, Advocates — For the Respondent No. 4.
Writ Petition No. 1677 of 1995
Judgment
SAN Mominur Rahman J.- Rule Nisi was issued calling upon the respondents to show cause the judgment and order dated 26-7-1994 and 28-6-95 and the order of the cancellation of registration of the petitione......e petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430..........
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......his Judgment. 2. In both the Writ Petitions the petitioner is Sarwar Garments Ltd., a company incorporated under the Companies Act. In Writ Petition No. 2718 of 2001 the petitioner has impugned an order vide Memo No. 5(13)29/Bond-Commi/Investigation/2001/840 dated 21-5-2001 issued by the responde......) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)
.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......riminal Revision No. 354 of 1998. Judgment Amirul Kabir Chowdhury J. - This Rule was issued at the instance of the informant-petitioner calling upon the opposite parties to show cause as to why order No. 28 dated 13-4-1998 passed by the learned Additional Sessions Judge, Jhenidah in Sessions C......proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......002) 418...Category: Criminal Law | Date: | Hits: 33
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......pon the Opposite Party to show cause as to why the judgment and decree passed in Title Appeal No. 192 of 1993 by the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short fa......ent and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......lso Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......overnment or the authority concerned has no right to prohibit or restrain the petitioner and his devotees from performing normal religious functions, at best the authority regulate such activities in order to maintain public order and tranquillity. He has pointed out that in the instant case the aut......g of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413.......02) 413...
Category: Property Law | Date: | Hits: 25
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409........ In Other Suit No. 87 of 1979 the case of the plaintiff-petitioner was for a declaration that the proceedings of Miscellaneous Case No. 159 of 1972 of the Court of the SDO (North) Chittagong and the orders passed therein on 23-2-1972 and 4-3-1972 directing him to deliver possession of the suit land......2002)409........ Ed. This Case is also Reported in: 54 DLR (2002)409...Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arrest any person without an order of a Magistrate or without any warrant. Some circumstances have been mentioned in section 54 u...... Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405....... DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)
....ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......alf of the respondent No.1, after taking us through the affidavit-in-opposition filed on behalf of that respondent, has submitted that respondent No. 4 has impounded the passport of the petitioner by order of Ministry of Home Affairs and of the Director General of the Passport and Immigration. In th...... the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......ase is also Reported in: 54 DLR (2002)403...Category: Others | Date: | Hits: 102
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......sain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 15...... Cases Referred To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil......ase is also Reported in: 54 DLR (2002) 399...Category: Procedural Law | Date: | Hits: 62
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......l from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J. - The appellant preferred this First Miscellaneous Appeal challenging the judgment and order dated 6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Su......llaih Rajeswar and Co, AIR 1962 AP 510. Lawyers Involved: SK Siddique, Advocate—For the Appellant. Shafique Ahmed with Kazi Kamrul Alam, Advocates—For the Respondent. Appeal from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J......oduced by it, the said trade mark has become distinctive mark of the products of the plaintiff in Bangladesh and it has now come to such a stage that any product with the similar trade mark of the opponent will denote to the public that the said products or products have emanated from the plaintiff...Category: Intellectual Property Law | Date: | Hits: 200
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