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Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....h says "the basic conception is that one must have acquired a right to receive the income" Further, referring to Mr. Justice Md. Habibur Rahman and Mr. Anisuzzaman's "আইন শব্দকোষ" published by Anyaprokash at page 345 he submits that the word "earned income" means "for tax purpose......ed of by this single judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under th...... 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Farah Mahbub J Angels Corporation (Pvt.) Ltd. and another……………..Petitioners Vs. Bangladesh and others ……………………………….. Respondents Judgment..Category: Others | Date: | Hits: 104
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......o be suspicious and tries to get rid of it, he cannot be held guilty under section25A of the Special Powers Act, 1974. ……………………………(31) It is well settled that an accused, in order to be found guilty under section 25A of the Special Powers Act, must have mens rea or guilty m......ing necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......itizen is punished………………(27) Mere possession or use of a forged or counterfeit note does not ipso facto prove the charge under section 25A of the Special Powers Act, 1974 against one unless he had used it with the knowledge or belief that it was forged or counterfeit. A convicti..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ...... Sarker, Advocates—For Respondent No. 2. Trade Mark Appeal No. 24 of 2002. Judgment Md. Awlad Ali J.- This appeal under section 76 of the Trade Marks Act, 1940 arises out of an order dated 21-8-2002 passed by the Deputy Registrar of Trade Marks in Rectification Case No. 295 of......d Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon Kabushiki Kaisa,57 DLR 93, 10 BLC (AD) 92; Super Max International Private Ltd. Vs. Samah Razor Blades industries Ltd. and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,5......he applicant for rectification of the register and that the applicant's mark Liberty has acquired distinctiveness for the products of the applicant and the distinctiveness of the said trade mark has gone to such an extent that if anybody uses the similar and identical trade mark in respect of produc..Category: Intellectual Property Law | Date: | Hits: 198
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......e case found against the accuseds, charge sheet was submitted on 21-5-2005 against the accused petitioners and co-accuseds. Thereafter the case was sent to Additional District Magistrate and from the order sheet it appears that the learned Magistrate received the first information report and it also......le is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J AFM Ali Asgar J A Wadud Member and another…………………….Petitioners Vs. State……………………………..Opposite Party Judgment ..Category: Criminal Law | Date: | Hits: 29
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51......Case is also Reported in: 59 DLR (2007) 584. ......Reported in: 59 DLR (2007) 584. ..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, Khulna in Miscellaneous Case No. 176(A) of 1985, a procee......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......upon the Court. The respondent No. 1 claimed that the testator Harinath Majumder orally gifted 0.20 acres of land in plot No. 223 in favour of his father Kalicharan Majhi. After such gift the petitioner's father and uncle resided in the said land but the testator having considered that the said pl..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......r Respondent No. 2. Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case N......tay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......reme Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sylhet Gas Fields Ltd………………….Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgmen..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......d dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Additional District Judge 5th Court Dhaka, in dismissing Civ......from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Arayesuddin J Mashuque Hosain Ahmed J Oriental Bank Ltd………………………..Defendant-Petitioner Vs. Sitara Siddiq……………………………..Plaintiff-Opposite-Party Judgment ..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....rector (Disease Control) Shastho Adhidoptor, Mohakhali, made the complaint against the accused petitioner and another one, under the aforesaid section of the Act, 2005 alleging that the advertisement published on 21-8-2005 in Financial Express paper to the effect that British American Tobacco Bangla......sed petitioner moved this Court and obtained this Rule. Although the accused petitioner had a remedy under section 439A of the Code of Criminal Procedure before the learned Sessions Judge against the order rejecting the application filed under section 241A of the Code of Criminal Procedure, but Dr. ......oceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......urt Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Sk Abdul Awal J AHM Moazzem Hossain……………………………Accused-Petitioner Vs. State…………………………..Opposite Party Judgment Au..Category: Health Law | Date: | Hits: 251
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
....nderstanding, we can say the duty on said cement was 15% only ad valorem at the time, the duty above thereto was exempted. While said cement was on the voyage on the way to Bangladesh, the Government published a Notification being SRO No 233 dated 20-10-98 reducing the exemption from 15% to 30%, t......ated legislation. At the time, he submitted, section 30A of the Act was not yet added. 12. We have perused the records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read the relevant provision...... guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ...... High Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftahuddin Choudhury J Aziz Hasan and others…………………….Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance and others…..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....under any Board or University. The Dawratul Hadith Course is a religious course imparted in the private religious institutions established by religious philanthropists. Attracted by the advertisement published by the National University in 'The Daily Inqilab' on 17-8-2004, the petitioner applied f......l to accept his joining illegal and for directing the respondents to allow him to join in the appointed post and accept his joining report. Initially, the Court did not issue any Rule Nisi but by its order dated 18-7-2005 directed respondent Nos. 2 and 3, namely, the Vice-Chancellor and the Regist......ed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... (2007) 556. ..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... Judgment Md. Abdur Rashid J.- This Rule was obtained on behalf of the minor by his mother upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 27-4-95 passed by Additional District Judge, 7th Court at Dhaka in Miscellaneous Appeal ...... Ed. This Case is also Reported in: 54 DLR (2002)156.......LR (2002)156...Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... Rokanuddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. Civil Revision No. 1188 of 1993. Judgment Md. Tafazzul Islam J.- This Rule is directed against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandh......1992 Carabean Travels Ltd. Vs. Eastern Bank Ltd; Sonali Bank vs. MS Ali Tannery 48 DLR 57; Kazi Gowaherul Islam (KG Islam) vs. Standard Co-operative Credit Society Ltd. and others 50 DLR 333; Serajuddin Howlader vs. Pubali Bank Ltd. 4 BLT 80; Reasul Hoque Mollah vs. Afizullah Mollah, 42 DLR (AD) 74;......eme Court High Court Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ellants have been convicted on different counts by separate trials, we are disposing of these appeals analogously by this judgment. 2. Criminal Appeal No. 2468 of 2002 arose from the judgment and order dated 22-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan....... The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ssions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has also examined similar set of witnesses in both the cases. The evidence on one case would overlap the other and therefore, we would like to discuss the evidence in Metropolita..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......t branch of the Bank. Police after investigation submitted charge sheet against him and Cashier Kutubuddin. They were tried by the District & Sessions Judge, Feni and were convicted, Against that order of conviction and sentence he preferred Criminal Appeal No. 30 of 1986 in this Court, which wa...... (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved: Khair Ahmed, with Sarwar-e-Din, Advocates—For the Petitioner. Md. Golam Mostafa, w...... 546...Category: Criminal Law | Date: | Hits: 29
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......Revision No. 2951 of 2006. Judgment Md Abdur Rashid J.- Defendant No. 6 obtained the Rule upon making a revision application made under section 115( 1) of the Code of Civil Procedure against an order dated 21-6-2006 passed by Joint District Judge, Court No. 2 at Kishoreganj in Miscellaneous Ap......dur Rashid J Birendra Chandra Das………………………….Petitioner Vs. Samir Ghosh and others……………………..Opposite-Parties Judgment February 14, 2007. Lawyers involved: AY Ahmed Ali and ATM Mizanur Rahman, Advocates—For the Petitioner. Md. Khurshid Al......eported in: 59 DLR (2007) 545. ..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......imited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In both the Writ petitions the petit......s of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......) 353. ..Category: Banking Law | Date: | Hits: 124
....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ecord- For Respondent Nos.1,3,4 and 5.
Not represented- Respondent No.2.
Date of hearing:
November 29, 2010.
Civil Petition for Leave to Appeal No. 2300 of 2010
(From the judgment and order dated 13.10. 2010 passed by the High Court Division in writ petition No. 2910 of 2009.)
Ord...... after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Shilpi Vs. State, 2006, 35 CLC (HCD)
....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......State-Respondent. Criminal Appeal No. 3286 of 2006. Judgment Nazmun Ara Sultana J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 has been preferred against the order dated 27-6-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal, Faridpur in Nari-......municate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......he application of the prosecution for examination of the first information report-named witness Shilpi, the victim of the case. 2. We have heard the learned Advocate for victim-appellant and gone through the relevant papers. It appears that the above mentioned first information report named ..Category: Procedural Law | Date: | Hits: 67
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......rim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why, the impugned order of transfer of the petitioner from the post of Civil Surgeon, Jhenidah to Health Directorate, ...... Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......33. ..Category: Employment/Service Law | Date: | Hits: 89
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