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Abdul Jalil Vs. Chairman, Rural Electri­fication Development Board and others, 1992, 21 CLC (HCD)

.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......ractor the respondent Board took the impugned decision to the effect that no ex‑officer or employees of the Board could directly or indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any tender and thereby the petitioner ha...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..

Category: Constitutional Law | Date: | Hits: 187

Nasir Miah, Malik Nasir Soap Factory Vs. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd., 1994, 23 CLC (HCD)

....udgment June 6, 1994. Cases Referred To- Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale Society Ltd. page 381 of Trade Mark Case from (1907) 24 RP 6, 425; Dhaka Match Factory Ltd. Vs. Bangladesh Match company Ltd. 30 DLR 244; Shafquat Haider Vs. Md. Al-Amin 1987 BLD (AD) 130. Lawy......s. Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party Judgment June 6, 1994. Cases Referred To- Iron‑Ox Remedy Co. Ltd Vs. Co‑Operative Wholesale Society Ltd. page 381 of Trade Mark Case from (1907) 24 RP 6, 425; Dhaka Match Factory Ltd. Vs. Bang......que J. - This appeal at the instance of the defendant is against Judgment and order dated 26.2.94 passed by the Additional District Judge, 3rd Court Dhaka in Title Suit No. 39 of 1993 allowing prayer for temporary injunction restraining the defendant form using similar design and get up and marketin......herefore, find no merit in the contentions of the learned Advocate for the appellant. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (1996) 28. ..

Category: Intellectual Property Law | Date: | Hits: 224

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....igh Court Division (Special original jurisdiction) Present: Naimuddin Ahmed J Md. Rahul Amin J Aftab Uddin (Md.)....................................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of establishment, Government of the People’s Republ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ......eme Court Appellate Division (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant Vs. Narayan Chandra Swarnakar & others…………..Resp......vil Rule No.32 (R) of 1982). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 98. ..

Category: Procedural Law | Date: | Hits: 68

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

....n: 35 DLR (AD) (1983) 66. ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......Misc. Appeal No.163 of 1977 decided by a Bench of the High Court Division on November 14, 1980. 2. Respondent No.1 instituted Title Suit No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......by the Special leave is directed against the judgment and order of the High Court Divi­sion in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.......any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....rted in: 35 DLR (1983) 1. ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ate-on Record - For the Respondents (In Civil Petition No. 30 of 1982). Not represented - Respondents (In Civil Petition Nos. 9 of 1981). Civil Appeal No. 90 of 1981 and Civil Petitions for Special Leave to Appeal Nos. 30, 31 and 68 of 1982 and 9 of 1981. Judgment Fazle Munim CJ......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..

Category: Constitutional Law | Date: | Hits: 181

Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh Vs. Siddique Ahmed, 1977, 6 CLC (AD)

....preme Court Appellate Division (Criminal) Present: Syed AB Mahmud Hussain CJ Kemaluddin Hossain J Fazle Munim J Superintendent & Remembrancer of Legal Affairs, Government of Bangladesh........Appellant Vs. Siddique Ahmed.........Respondent Judgment December 6,......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ......ent Kemaluddin Hossain J.- This appeal stands on a very narrow compass. We are concerned with only one accused-respondent, Siddique Ahmed. The respondent along with 12 others was put on trial before the 1st Additional Sessions Judge, Sylhet to answer charges under sec­tions 302, 307/302/149 a......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences. Ed. This Case also referred in: 31 DLR (AD) (1979) 29. ..

Category: Criminal Law | Date: | Hits: 74

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

....ellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Chittagong Container Transportation Company...................Petitioner Vs. Bangladesh and others......................................................Respondents Judgment ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ......structed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....omulgating the Ordinance has been clearly stated in the preamble of the Ordinance. It is said "whereas it is expedient to make better provisions for the control of rent of premises in (East Pakistan) Bangladesh." This pre­amble speaks of protection of the poor tenants from being harassed in the han......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..

Category: Tenancy Law | Date: | Hits: 210

Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

.... Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1977 passed by the High Court of Bangladesh in S.A No. 1050 of 1965) Judgment Kemaluddin Hossain J.- Defendants are the peti­t......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......—For the petitioners. B.B. Roy Chowdhury, Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondents 2 (a) to 2(A). Civil Petition for Special Leave to Appeal No. 189 of 1977 (From the Judgment and Decree dated the 18th April,1......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..

Category: Property Law | Date: | Hits: 63

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....ently suppressed by the policy knowing them to be false. Section 46 of the Act, empowers a holder of policy to sue for any relief in respect of the policy in any Court of competent jurisdiction in Bangladesh; and if the suit is brought in Bangladesh any question of law arising in connection with ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......ka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-company and the appellant on receipt of the first premium issu......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....ul Islam Chowdhury J Kamaluddin Ahmed...............Petitioner Vs. Director of Trade Organisations and others................Respondents Judgment July 25, 2000. Case Referred To- Bangladesh Chemical Industries Corporation Vs. Registrar Joint Stock Companies and another, 39 DLR 1...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ......acked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of the Register Graduates of Dhaka University, to the Senate. 3. The Senate election of the Registered Graduates for the academic year 1997-98 was first announced to be held by notification dated 25-6-97. The grad......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....on 2(9) of the Act has, however, defined ‘insurer’. Section 46 of the Act, reads: “46. The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in Bangladesh after the commencement of the Act shall have the right, notwithstanding anything to the c......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% fr......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....ess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ...... of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been instituted by the plaintiff, Bangladesh Inland Water Transport Authority (in short BIWTC) on 7.1.1990 praying for a decree for realization of Tk. 66,500/- as compensation for loss and damage occasioned due to c......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....in the plaint. It has been asserted further by the defendants that the vessel MV CHOSUN HOPE loaded the cargo of the plaintiff at the LIAN YOUNGANG Port, China for discharging the same at Chittagong, Bangladesh and accordingly, the said vessel sailed from the loading port from China on 29.5.1997 and......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

.... court directed to the trial court to make an arrangement to produce the victim Tamima Akhter Mitu and her father Mamunur Rashid along with Birth Register Book of the Registry office of Government of Bangladesh to confirm the date of birth as alleged to be dated 23.01.2008 or not. Accordingly today ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......shu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with law. 2. Facts relevant for disposal of the ru......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)

....ance in the submission made by the learned Senior Advocate Dr. M. Zahir that unless the foreign Bank is satisfied the counter guarantee is required due to the order passed by the highest judiciary of Bangladesh they may not issue the same in favour of the local Bank. Therefore, this Court finds that......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......ed Dr. M. Zahir, Senior Advocate-For the Defendant Nos.1, 2, and 4. Admiralty Suit No. 49 of 2009. Judgment AFM Abdur Rahman J. - The defendant MV C UTOPIA filed an application praying for issuing certified copy of the order dated 21.1.2010 through which the defendant has been directe......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..

Category: Admiralty Law or Maritime Law | Date: | Hits: 191

Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)

....……… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case Referred to- Islami Bank Bangladesh Ltd. Vs. Meng Horug Shipping Pte. Ltd. and others. Lawyers Involved: S. K. Siddique......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......- For the Defendants. Admiralty Suit No.15 of 2007. Judgment AFM Abdur Rahman J. - By this application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of the Money Suit No.30 of 2008 now pending in the Court of 2nd Additional District J......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 196