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Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)
....y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ther………………………….Opposite Parties Judgment June 4, 1998. Result: The application is disposed of with the above observation and direction. When any matter is placed before a Court of law for hearing, it is incumbent upon a particular judge to decide the matter in the......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......ng the same relief as sought before. It has been further submitted that the learned District Judge, Dhaka being unable to hear the matter transferred the same to be heard by other Additional District Judges being in charge of District Judge from time to time but all of them failed to exercise their ..Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106
Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)
....erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ............Respondents Judgment November 6, 1997. Result: The appeal is allowed. The Contract Act, 1872 (IX of 1872), section 7 Defendant floated a tender inviting offers for setting its property to which plaintiff offered to purchase the same and sent a bank draft for 2......erest at the rate of 6% from 5-6-86 till realisation; failing which it will be executed as a money decree in the usual course. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 171. ......ts of the present case there was a concluded contract for sale of the disputed property and decreed the suit. 44. The only question for consideration is, whether the trial Court and the learned Judges of the High Court Division correctly held in the facts of the present case that a concluded c..Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292
Zahed Hossain Mia Vs. Deputy Commissioner, 1997, 26 CLC (AD)
....a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ...... Mahmudul Islam, (Senior Advocate, Rafique-Ul Huq with him), instructed by Mvi. Md Wahidullah, Advocate-on-Record — For the Petitioner. Not represented— For the Respondents. Civil Petition for Leave to Appeal No. 65 of 1997. (From the Judgment and order dated 12-12-95 passed by the Hi......a consideration by the acquiring authority we are not inclined to interfere with the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 15. ......quisition of the land and passing award of compensation. Then the petitioner filed the writ petition. 3. Mr. Mahmudul Islam, learned Advocate appearing for the petitioner submits that the learned Judges of the High Court Division wrongly dismissed the writ petition summarily upon a view that the..Category: Property Law | Date: 25 May, 1997 | Hits: 92
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......to the intervention of some other lawyers present in Court, into issues of wider dimensions, namely, how and in what manner the proper law of contract in a given case is to be construed, whether a foreign arbitral award is enforceable in Bangladesh, whether the Agreement is opposed to public pol......ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ......rt was not ousted and appointed Mr. Justice Ruhul Islam as the Arbitrator. The respondent preferred Civil Revision No. 3934 of 1994 challenging the legality of the order dated 27-11-94. The learned Judges of the High Court Division by the impugned judgment and order made the Rule absolute holding..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Subbatara Begum Vs. Ansaruddin, Officer-in-Charge, 1997, 26 CLC (HCD)
.... Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal and why he shou...... Hoque J.- This Rule was issued calling upon the opposite party Mr. Ansaruddin, Officer-in-Charge, Mehendiganj Police Station, District Barisal, to show cause as to why he shall not be proceeded with for committing contempt of Court of the Special Judge, Nari-o-Shishu Nirzatan Doman Adalat, Barisal ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ......Mr. SM Abdus Samad and also to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, for keeping it in the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 339. ..Category: Women and Children | Date: 16 Jan, 1997 | Hits: 172
....the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Suraiya Rahman………………….………Petitioner
Vs.
Skill Development for Underprivileged Women represented by its Project Director and ors………&hellip......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
....shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
......ort, may be stated as follows:-
The Government of the People's Republic of Bangladesh decided to construct some flyovers in the city of Dhaka, one at Mohakhali and another at Banani and for this purpose they floated tenders from intending contractors. Many contractors including th......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
...... Their Lordships held:
"This objection to the award was apparently not brought to the notice either of the Subordinate Judge or of the High Court. But the statute is there and the Judges were bound to take judicial notice of it."
Similarly there is another decision on t..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Khairunnessa Vs. Illy Begum and another, 1996, 25 CLC (AD)
.... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Khairunnessa …………..............................Informant- Appellant Vs. Illy Begum and another……………………………Respondents J...... the criminal case, GR Case No. 87 of 1994 arising out of Balaganj Police Station Case No. 3 dated 8th October, 1994. Ed. This case is also reported in:48 DLR (AD) (1996) 67; 1996 BLT (AD) 112. ......hool 3/4 years ago. 9. In spite of the medical reports and the certificate from the school produced by the appellant showing that the respondent-victim-girl was a minor below 18 years, the learned Judges of the High Court Division relied on the girl’s own statement and their own observation of ..Category: Women and Children | Date: 31 Jan, 1996 | Hits: 56
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......aint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defenda...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......d by any law to be barred. Mr. Khandkar Mahbubuddin Ahmed, learned Advocate, also could not show that on the averments as made in the plaint the suit is barred by any law. Consequently the learned Judges of the High Court Division rightly held that the plaint cannot be rejected. For th..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......, they were heard together and are being disposed of by one judgment. 2. In Criminal Revision No.668 of 1994, Rule was issued calling upon the opposite parties to show cause as to why the order of forfeiture of books as mentioned in paragraph 3 of the application vide Memo No. SW (Raj‑3) Pustak......8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......0. Mr. Rashid has referred to the case of the State of Uttor prodesh Vs. Lalai Singh Yadav, reported in SCC Vol. IV, 213. This case was heard and disposed of during emergency in India and the learned Judges of the Supreme Court had expressed their views on forfeiture of book under section 99A of the..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......laintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of t......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ......ainst a judgment and decree of the Artha Rin Adalat to the High Court Division. Section 4(2) of the Act provides that the judges of the Artha Rin Adalat will be appointed from amongst the Subordinate Judges in consultation with the Supreme Court. Rule framed under the Act provides that the Artha Rin..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......er……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appea......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ......6.10.92, as also his other conducts. Respondent No.5 also annexed in his supplementary affidavit two Annexures, Annexure‑3 and Annexure-4 to which we shall revert in due course. 6. The learned Judges of the High Court Division in a lengthy judgment unnecessarily took note of the elaborate sub..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
.... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......cted to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The f...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ......a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......ible in accordance with law. Let the case records be sent down at once with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 238. ...... the trial of cases and powers of Special Judge, Additional Sessions Judge, Assistant Sessions Judge, a Metropolitan Magistrate, or Magistrate, 1st Class who may be appointed and deemed to be Special Judges for trial of the offences under this Act. Now, Chapter XX of the Code of Criminal Procedure s..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
.......4.87 with guard duty along with two other constables namely, CI99 Abdus Salam and 0241 Md. Nazrul Islam on board ML Titumir on its trip from Barisal to Kalaiya via Kalishuri. They boarded the launch for their duty from Kalishuri point While the launch was proceeding from Kalishuri to Kalaiya on its......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......called documentary evidence".
11. Referring to the denotation of the court as given out in section 3 of the Evidence Act Mr. Khan submitted drat the "Court" includes all Judges and Magistrates and all persons, except arbitrators, legally authorised to take evidence.
..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
.... on 23.4.1988, On 25.5.1991 the foundation stone of the main building for Lakshmipur Mahila College was laidceremoniously by the then Deputy Commissioner Lakshmipur for which the petitioner has filed contempt case in the High Court Division against the Respondents being Contempt Case No. 3 of 1991 a......sent:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Haji Abdur Rahim.....................................Petitioner
Vs.
Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents
Judgment
September 9, 1993.
Result:
The...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
...... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......t. Both the petitions are under section 491 of the Code of Criminal Procedure. 2. The facts, in short, are that the father of alleged victim girl, Nurunnahar Khanom @ Sima Rani Chakrabarti, as informant lodged the First Information Report on 1.7.92 alleging that on the night following 30th June...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......howdhury and Mr. Badrul Islam Chowdhury, JJ has considered in detail the question of sui juris in the case of Sumati Begum Vs. Rafiqultah and another, reported in 44 DLR 500. In that case the learned Judges have considered the relevant provisions of the Penal Code along with Children Act 1974 and ca..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
...... respondents, namely, Bangladesh, represented by the Secretary, Ministry of Home Affairs and others to show cause why the said detenu who is now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without any lawfu...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, of whom two shall be persons who are or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service o..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......mp; 4(5) The Bar Association is a welfare association of the members. The Purpose and object of the Bar Association as contained in Article 3 of the Constitution of Bangladesh provides for giving facilities to its members for conducting the profession using books and journals and othe......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ......uthorised as the grounds on which the petitioner was removed are not covered by the normal activities of a member of the Association. He further submitted that 4 members of the Bar Council who sat as Judges to decide the appeal actively participated in taking the resolution dated 2.12.90 as appeared..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......ohammad Habibur Rahman J.—This Reference has been made by Mr. Md. Serajul Islam, Sessions Judge, Barguna in Sessions Case No. 84 of 1985 under section 374 of the Code of Criminal Procedure for confirmation of the sentence of death passed on 20.10.1990 upon absconding accused Abdul Khalequ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ......r was not entitled to a hearing and leave granted to him on limited questions of law was liable to be rescinded. As to the proceeding under section 374 CrPC we endorse the view adopted by the learned Judges in the High Court that if a prisoner decamps and thereby forfeits the right of audience, the ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
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