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Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......ation, if the bank pays in accordance with the terms of the credit, then it is entitled to reimbursement unless there was clear evidence of fraud at the time of payment. The bank has strictly limited period to consider the documents and cannot, and should not engage in prolonged enquiries of the sor..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)

....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ice benefit to the respondent despite of challenging the memo dated 31st December, 1996 which being merely a letter to supply his service book, if preserved, along with the particulars of his service period and secondly, whether in the absence of special circumstances determined by the government th..

Category: Administrative Law | Date: | Hits: 229

Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)

.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......al is also a right of the accused person and in the event of delay in trial accused persons may be legally justified in asking for bail and accused person cannot be detained in jail for an indefinite period. 7. Taking into consideration that no specific act is attributed to accused-appellant and ..

Category: Criminal Law | Date: | Hits: 34

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378....... No. 7 of 1994 convicting Karam Ali under section 399 of the Penal Code sentencing him thereunder to suffer RI for 7 years and to pay a fine of Taka 2,000 only, in default, to suffer RI for a further period of 6 months. 2. The prosecution case, in short, is that on getting a secret information th..

Category: Criminal Law | Date: | Hits: 97

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......on 468 of the Penal Code and sentencing them thereunder to suffer Rigorous Imprisonment for 4 years and to pay a fine of Taka 50,000.00 each, in default, to suffer Rigorous Imprisonment for a further period of one year while acquitting co-accused Md. Abdul Hamid and Md. Lutfor Rahman Bakshi. 2. T..

Category: Criminal Law | Date: | Hits: 40

Khadem Ali (Md) Vs. State, 2000, 29 CLC (HCD)

.... of in question. In the result, the Rule is made absolute and the delay 916 days in filing the revisional application is condoned. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 281. ......on 325 of the Penal Code and sentenced thereunder to suffer Rigorous Imprisonment for 3 (three) years and to pay a fine of Taka 2,000.00 each, in default to suffer Rigorous Imprisonment for a further period of 2(two) months. The accused petitioner thereafter took an appeal before the Sessions Judge,..

Category: Criminal Law | Date: | Hits: 32

Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)

.... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... of the direction of that Court. He has pointed out that the petitioners made application for certified copies of the statements on 2-2-99 and received the certified copies on 19-4-99 but during this period in spite of the order dated 21-3-99 passed by the learned Metropolitan Sessions Judge for pro..

Category: Criminal Law | Date: | Hits: 45

Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......daker Asaduzzaman wrote to the Secretary vide letter DA 72/84/574 dated 30-8-1994 stating, inter alia, that most of the unused fallow land cannot be left unused under any circumstances for indefinite period. 5. Only respondent No.1 appeared in this case and filed affidavit-in-opposition stating, ..

Category: Property Law | Date: | Hits: 28

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ng accused appellant Md. Salim under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000 in default, to suffer RI for a further period of 6 months. 2. The prosecution case, in short, is that accused appellant Md. Salim used t..

Category: Criminal Law | Date: | Hits: 53

Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)

....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......d could not be decided without evidence. 5. Mr. MA Samad appearing for the petitioner submits that when admittedly the award was made on 15-10-96 and the plaint was filed on 4-8-99 well beyond the period of limitation of ninety days under article 178 of the Limitation Act, the Court below erred i..

Category: Procedural Law | Date: | Hits: 69

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......guilty under section 304 Part I of the Penal Code and they are thereby sentenced thereunder to suffer RI for 10(ten) years and to pay a fine of Taka 5,000 each, in default, to suffer RI for a further period of one year. We also find accused Fazal Ahmed, son of late Rashid Ahmed, Azizul Huque, son of..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......cting and sentencing the accused under section 376 of the Penal Code to suffer rigorous imprisonment for 10 years with a fine of Taka 1,000.00 in default to suffer Rigorous Imprisonment for a further period of 6(six) months. 2. The prosecution case, in short, is that, one Shamsul Haque (P.W.1) lo..

Category: Criminal Law | Date: | Hits: 32

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......ended by the petitioners. All the four foreigners mentioned in the petition are no longer Directors of SIBL as they have vacated their office by reason of absence from Board meetings for a continuous period of three months and/or for not attending three consecutive Board meetings under section 108 o..

Category: Company Law | Date: | Hits: 208

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......under sections 395/397 of the Penal Code and sentencing him to suffer rigorous imprisonment for eight years and to pay a fine of Taka 2,000.00 in default to suffer rigorous imprisonment for a further period of six months more and acquitting one co-accused from the charge levelled against him. 2. ..

Category: Criminal Law | Date: | Hits: 89

Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)

....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......pearing on account of alluvion. By the said Act the right, title and interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ within thirty years of their loss inste..

Category: Property Law | Date: | Hits: 68

Solaiman Ali (Md.) trading as Aarman Soap Factory Vs. Md. Abul Hussain, trading as Munni Soap Dhaka and another, 2001, 30 CLC (HCD)

.... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 294. ......lass-3 for trade mark “Pragga” in the Trade Marks Journal No. 192 dated 30-11-98. After publication of the said advertisement no one opposed the registration of the said mark within the statutory period of 4 months from the date of publication of the said trade mark in Journal No. 192 for the mo..

Category: Intellectual Property Law | Date: | Hits: 167

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ......tion Orders, Chief Martial Law Administrator’s Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions etc., henceforth conjointly cited as ‘instruments’, made during the period between March 24, 1982 and the date of the commencement of the Constitution (Seven Amendment)..

Category: Constitutional Law | Date: | Hits: 482

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

....very five years. Pursuant to such terms, on 25-3-1992 the lease was renewed for second period of five years at resettled rate of rent of Taka 30,001 and on further deposit of Taka 90,610. It was also stipulated that in case the plaintiff did not renew the lease further the defendants would refund th......arty No. 1, Bangladesh Jatiya Shilpa Samity Ltd, in brief, the Samity, was the owner of the suit premises. In 1987, the Samity let out the suit premises to the plaintiff for commercial purposes for a period of 10 years at a monthly rent of Taka 22,007 and on execution of a deed of lease on 28-3-1987..

Category: Property Law | Date: | Hits: 31

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ......sessment years 1975-76 and 1976-77 i.e. after an inordinate delay of 9 (nine) years. The claim of refund is thus barred by limitation and Sales Tax Act being a Special Act having provided for special period of limitation there is no scope for extension of time by any authority. 13. Mr. Siddique h..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......ordinate Judge, Narshingdi, passed earlier by this court stands vacated. 9. The learned Subordinate Judge, Narshingdi is directed to dispose of the appeal as early as possible, preferably within a period of 3 (three) months from the date of receipt of this order. Let a copy of this order be fo..

Category: Property Law | Date: | Hits: 39