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Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... Act, 1940 for restraining the defendant petitioners and others; from selling and supplying the water pump 'PEDROLLA' imported from China. 2. It was the case of the plaintiff that he is the sole distributor of the Italian manufactured world famous water pump 'PEDROLLO' and upon importing ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ......ng the said water pumps and that the defendants by marketing and selling the water pumps imported by them from China are infringing the Trade Mark registered by the plaintiff and that also causing loss to the plaintiff. 3. After filing the suit plaintiff filed an application under Order X..Category: Intellectual Property Law | Date: | Hits: 201
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....ngladesh Krishi Bank and the plaintiff's company respectively. The plaintiff in terms of the agreement deposited 10% of Letter of Credit margin with Bangladesh Krishi Bank, Labonchora; Branch and also opened Letter of Credit on 18.6.1985 with the Principal Office of Janata Bank, Dilkusha Commerci......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......stood cancelled and the plaintiff had no latches or inaction in the matter but it was caused due to negligence and mistake of the Krishi Bank which led the plaintiff to suffer irreparable loss and injury and also a loss of time of about 1½ years. Bangladesh Krishi Bank regretted..Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....bert Ash (Northern) Ltd. v. Modern Engineering (Bristol) Ltd. [1971] 3 All E.R. 195, H.L.; Burrows v. Jemino; Ellis V. M Henry, Ballantine v. Golding; Ptter v. Brown; Odwin v. Forbes; Quelin v. Moisson; Phillips v. Eyer; Mount Albert Borough Council vs. Australasian Temperance And General Mutual ......to the situation at the time of the choice are connected with one country only, prejudice the application of the rules of law of that country which cannot be derogated from by contract, hereinafter called mandatory rules inasmuch as the mandatory rule in the instant case being Artha Rin Adal......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....against the judgment and order dated 23.02.1993 passed by the High Court Division in Writ Petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challengin......e Court of Settlement did not consider at all any documents including the said letter of acknowledgement of payment of lease money. 8. We have considered the submissions made at the Bar. We called for the original records of the Court of Settlement for our perusal. It appears that ex......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....Respondents Judgment June 18, 1976. Cases Referred to- National Bank of India Ltd. Vs. Yakub Mia of Yakub Stores, 7 DLR 606; Israil vs. Shamsur Rahman, I.L.R. 41 Cal. 436; Daniel vs. Forguson (1891) 2 Ch. 27; Von Jeel vs. Hornsey (1895) 2 Ch. 774; Abu Barek Mia and others vs. A. B. M. Se......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......o advance the cause of justice. If in a particular case, in the opinion of the court, the action of the plaintiff is absolutely frivolous or in enforcing such injunction great hardship or irreparable loss or injury may be caused to a party, the court may weigh such facts in its mind before it decide..Category: Property Law | Date: | Hits: 31
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....are directed against the common judgment and order dated 29.08.2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 8254 of 2002 and 4344 of 2003 making both the Rules absolute. 2. The appeals involve in all 76 respondents. These respondent as writ-petition...... in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Protection Services Project (SPPS Project), Phase-II and the impugned or......arked on the aforesaid SPPS Project to attain self-sufficiency in food on a sustainable basis by assisting the poor and small farmers to increase their production by ensuring measures against crop losses from diseases and pest infestation without affecting the environment. The project was approv..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....;Md. Ruhul Amin J. - Plaintiff obtained leave to appeal against the judgment dated February 13, 2002 of a Single Bench of the High Court Division in Civil Revision No.4173 of 1994 making the Rule absolute obtained against the judgment and decree dated September 8, 1994 of the 1st Court of Subord......entirety appears to be unusual since the admitted position is that Mohendra Kumar Nath by a registered deed disowned the plaintiff. It may be mentioned plaintiff claimed that Mohendra Kumar Nath recalled the document disowning the plaintiff on September 5, 1972, that the deed by Mohendra Kumar N......72, that story of deed of agreement claimed to be of November 9.1972. earlier in point of time to the execution of the deed of gift has been brought into existence for ulterior purpose and the loss thereof has been introduced purposely since Mohendra Kumar Nath parted with the land making g..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....les of law relating to judicial review of an order of preventive detention, it was observed in the impugned judgment: "A morbid view of the law as quoted above will be clear to any discerning person acquainted with the development of the law. It must be made clear that the law which we have dec......ing to him it would be merely an academic exercise. 13. He further submits that consistent view of this court is that for academic purpose only a constitutional point shall not be decided unless called upon to decide the question on merit and as such according to him this court on principle s......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..Category: Procedural Law | Date: | Hits: 107
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....998 of the Court of Additional Sessions Judge, Madaripur in Session Case No. 10 of 1996 convicting the petitioner Malek Gharami under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to a fine of Tk.5,000/- in default to suffer rigorous imprisonment for on......2/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the charge under section 302/34 of the Penal Code. The accused persons pleade...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..Category: Criminal Law | Date: | Hits: 38
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also for declaration of title and confirmation of possession in the 'Kha' schedule land alo......itted the possession of the plaintiff in the homestead at R.S. Plot No483T 7. Mr. Abu Siddique, learned Advocate-on-Record, appearing for the respondent Nos.1-2 and 5-10 submits that the so-called auction sale was never acted upon and the auction purchaser never obtained possession or ent...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..Category: Property Law | Date: | Hits: 24
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... Judgment Mohammad Fazlul Karim J. - This appeal by leave arose out of judgment and order dated 19.03.2003 passed by the High Court Division in Writ Petition No. 4901 of 2002 making the rule absolute directing the respondents to issue clearance permit in respect of 10 (ten) re-conditioned...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......dent No.1 wanted certain papers dated 3.7.2002 and the writ petitioner in complying with the letter submitted the wanted documents on 8.8.2002. As the delay in issuance of C.P. will cause pecuniary loss to the writ petitioner a notice demanding justice was served upon the writ-respondent No. 1 f..Category: Business or Commercial Law | Date: | Hits: 139
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....th two one-storied buildings thereon situated at Chatteswari Road, Chittagong. In pursuance thereof the plaintiff submitted a tender in the prescribed form offering Tk.2,87,00,000/-. He also deposited Tk.15,00,000/- with the defendant as earnest money. Offer of the plaintiff was provisi......lculated @ 25% of the bid money. The money was not paid. The plaintiff suggested amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions and negotiations then followed but there was no decision. The plai......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....eal by the writ-respondent No.4 is directed against the judgment and order dated 20.5.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 11238 of 2006 making the rule absolute. 2. The fact shortly stated is that the respondent No.1 as the writ petitioner filed ......No.4, as the lowest responsive bidder. 3. This case involves awarding of a contract pursuant to the International Tender floated by the respondent No.4, Bangladesh Bank, for its project called "Central Bank Strengthening Project" for supply, installation, testing and commis&......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
.... of delay for holding statutory first annual general meeting of Yongtai Industries Bangladesh Ltd, hereinafter referred to as the company, stating that he is the managing director, promoter and sponsor director of the company which was incorporated on 7.4.2003 as private limited company under ...... himself was also present in the said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appo......e was also working as full time paid Managing Director of another company named 'Wordy Ltd.' which was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal..Category: Business or Commercial Law | Date: | Hits: 151
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
....ng which plaintiff would be entitled to take delivery of possession through Court. 3. The suit was filed stating, inter alia, that the land in suit belonged to Dharani Dhor and he had 2 sons, Khokan Chandra Malo and Dasharath Chandra Malo by his first wife, that Dharani Dhor's first ......hat High Court Division has committed no error in affirming the judgment of the appellate Court decreeing the suit on the finding and decision as stated hereinbefore and as such no interference is called for with the judgment sought to be appealed by this Division. Accordingly the petitio...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..Category: Property Law | Date: | Hits: 22
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
.... the trial cannot be concluded within the specified time the accused in the case, if he is accused of a non-bailable offence may be released on bail to the satisfaction of the court, unless for reasons to be recorded in writing, the court otherwise directs. He further submits that as this new am......ion 2 of this Act provides for appointment of Special Judges (and not Special Tribunal Judges) to try and punish offences specified in the schedule of this Act and a case triable under this Act is called a Special Case (and not a Special Tribunal Case) as written in the judgment of the High Cour......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....4,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they also obtained loan of Tk. 1,50,00,000/- from the defendant No.1 against pledge and also another loan ......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......d deposit receipts; during the pendency of the suit the respondent brought a surveyor from England who along with a few local engineers got the machineries and stock surveyed and assessed the loss of the plaintiff at Tk.45,56,70,942/- and then the plaintiff by amendment of the plaint increa..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
.... having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted on August 25, 1986 with the......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... submitted on August 25, 1986 with the finding that the defendants were negligent. It is the contention of the plaintiffs that as a result of the negligent act of the defendants they suffered loss of Tk. 5, 34,439.74 and since plaintiffs have suffered the said loss because of the negli..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....e filed, by leave, the instant appeal against the judgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka) Civil Revision No.271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Subo......t all set aside the judgment of the trial Court and as the High Court Division on due consideration of the materials on record set aside the judgment of the appellate Court no interference is called for by this Court. The learned Counsel also submitted that the S. A. and the R. S. record we......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2003 by a notice dated 7.4......xercising power conferred under the above sections the High Court Division must be satisfied that it is impracticable to call a meeting in the manner in which such a meeting is to be called and that section 81(2) and 85(3) of the Companies Act 1994 pertain to procedural impractica......y found it difficult to hold the 20th Annual General Meeting as the aforesaid Bangladesh Bank Circulars were in force and because of that the share-holders of the company, in general, are suffering loss inasmuch as the dividend could not be declared; after the High Court Division declared that t..Category: Business or Commercial Law | Date: | Hits: 78
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