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Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
.... legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......petitioner alleging that the respondents suffered damages and loss for the said amount on account of willful refusal of the petitioner to grant further loan by extending limit already sanctioned at a time when the respondents were in further need of financial assistance. The petitioner filed the app......Adalat Ain, 1990 for adjudicating the counter‑claim of the respondent Nos. 1‑5 in utter disregard of the intent and purpose of the Artha Rin Adalat Ain, 1990 which has been enacted for the speedy recovery of the dues of the banks and such other financial institutions only. It is further submitte......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....o- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 1971 Karachi 333. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates ‑ For the Petitioners (In Writ Petition Nos. 728, 803, 802 and 838 of 1990). Abdul Malek w...... of any plant or machinery used for the manufacture of cotton fabrics or cotton yarn, the production capacity of which was determined before the 30th June, 1970, any aggrieved person may, within such time as the Central Government may, by notification in the official Gazette, specify in this behalf,......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ts. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancellation of the registration of the respondent’s design before this Court. 8. At the time of the hearing, several fans were produced and placed before us for our visual examination. We ......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....s Judgment March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; AIR 1920 (Pat.) 567. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Mihir Kanti Majumd......No.154 and, in fact, the work of school building almost has been completed. He further asserted that the plaintiff petitioner never had any exclusive possession of the said "Kha" schedule land at the time of ruling of the suit and only to cause harassment and inconvenience the suit has been filed. T......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....rged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: Sirajul Hoque with Ranjan Chakraborty, Advocates - For the Petitioner. Rafique-ul-Huq with Shorful Islam Khan and Miss Nowazish Ara Begum, Ad......s hopelessly barred by limitation. 5. The learned trial Court heard both the parties at length and by the impugned order refused to reject the plaint holding that the plaintiff’s suit was within time. 6. Thereafter the defendant has preferred this revisional application and obtained the pres......sal of this Rule are as follows: The opposite party as plaintiff filed Money Suit No.109 of 1991 in the Court of Artha Rin Adalat and Subordinate Judge, 3rd Court, Dhaka against the petitioner for recovery of a sum of Taka 600080.00 3. The case of the plaintiff, in short, is that the defendant......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ..Category: Civil Law | Date: | Hits: 121
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... out of such innocuous absence of a lawyer. 10. Now about his illness, the High Court Division devoted considerable space whether it was illness or whether he was un-well which had consumed lot of time of the Court and possible energy. The telegram sent by Moazzem Hossain to the Deputy Registrar ......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......uction whatsoever, not for the sake of the judges as private individuals but because the are the channels by which the king's justice is conveyed to the people." Both the Bench and the Bar are two arms of the same machinery and unless they work harmoniously justice cannot be properly administer..Category: Criminal Law | Date: | Hits: 116
....In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......gned on 1-1-73, the said Abul Bashar being a signatory to the said Memorandum as one of the representatives of the Union, Respondent No.4. Respondent No.4, however, made an application in the meantime on 6-11-72 before the Labour Court of Chittagong against Appellant No.2 under Section 34 of the......by the learned Judge in the instant case, the applicant was an individual worker whose service was terminated and the application under section 34 of the Ordinance appears to have been made for the recovery of the termination benefits to which he claimed to have been entitled and it was held in th......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....ed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......tion and whether the plaintiffs are heirs of Ashrafjan. The contention is that the learned Single Judge in reversing the finding of the first appellate Court has misread the evidence. However, at the time of hearing Mr. Khandker Mahbubuddin Ahmed, conceded that he will not press the ground on limita......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....e decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......otes accused Sultan Hossain committed gross, irregularities and he was suspended from the service of the Bank by order of the Head Office dated 25-4-75 pending enquiry into the matter; (b) in the meantime he disbursed a sum of Tk. 2 lakh to the accused No.2 (by way of illegal temporary over-draft) "......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....upreme Court High Court Division Special Original Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhak......g the reign of Henry II, in the 12th century. By these Writs the Monarch, through the Star Chamber and the Court of King’s Bench, kept the inferior bodies within their power. 37. In the earliest times, the Royal Writs were sealed governmental documents, drafted in a crisp, businesslike manner, ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......ovision of this Act. 107. It is worthy of mention that without such recognition its shooting activities would not only become illegal, but criminal too, because no person can carry, let alone use, arms without a license, from which requirement the members of the respondent no. 1 Federation enjoy ..Category: Property Law | Date: | Hits: 159
....ee.
Ed.
This case is also Reported in:
......itioner took all steps for erecting a monument in the memory of some dedicated souls of 14th February, 1983 and 1962.
7. During the three preceding years, the respondents rendered some advice from time to time to the petitioner through their correspondences dated 30. 10. 05/21. 03. 07/16. 08. 07 ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
..
Category: Civil Law | Date: | Hits: 218
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
.... 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......e on the seizure list and proved the same, though in cross-examination stated that he did not see to recover the articles. P.W. 4 Selim, another seizure list witness stated that he was present at the time of recovery and saw the raiding party to recover sixteen tiny packets from the chest pocket of ...... seizure list and proved the same, though in cross-examination stated that he did not see to recover the articles. P.W. 4 Selim, another seizure list witness stated that he was present at the time of recovery and saw the raiding party to recover sixteen tiny packets from the chest pocket of the appe......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ing else showing complicity of the appellant in keeping the explosive. 9. P.Ws. 8-9 Md. Abdur Razzaque and Rezanul Huq respectively two local seizure list witnesses stated that on 9.12.2006 at the time of Magrib prayer, some books and cassettes were recovered from the house of the appellant. P.W....... in keeping the explosive recovered. 8. P.W. 4 Md. Zakir Hossain under whose command the RAB personnel raided the appellant's house corroborated the evidence of P.W. 2 in respect of his arrest and recovery of fifteen militant books with three audio cassettes. He proved the said books and cassette...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....rs……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of Statement, 15 MLR (AD) 438 = 63 DLR (AD) 1; Government of Bangladesh Vs.......d the suit by judgment and Decree dated 15-12-2005 and, consequently, directed the Government to execute and register a sale deed in favour of the petitioner within 60 days as it transpired, at the time of appeal-hearing, that the said property had in the meantime vested in the Republic in view of...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....iately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......that suit, the defendant No.11 got the present suit instituted by the present plaintiff. The alleged patta dated 3-3-1956 as executed by Kartik Chandra Biswas is void as Kartik had no title at that time plaintiff had or has no cause of auction for the suit which is liable to be dismissed. 6. At......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina……………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: ......ed most mechanically and without proper consideration of the materials on record mainly statements recorded under section 161 and 164 of the Code of Criminal Procedure of the witnesses. At the same time the cognizance was taken mechanically without applying judicial mind by the Metropolitan Seni......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....Hossain J
Human Rights and Peace for Bangladesh (HRPB) and others ……………….petitioner
Vs.
Bangladesh represented by the Secretary, Ministry of Cultural Affairs, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others ...........................Respondents
Judgment
...... to them. The Government is under a duty to protect the interest of the people by protecting the historical place. The affected people are unable to come forward to protect this historical site of sentimental importance and hence the petitioners resolved to move this Public Interest Litigation (PIL)......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 159
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is discharged. Lawyers Involved: Tanjibul Alam with Md. Anisur Rahaman, Advocates - for the Petitioner. Syed Sanaul Haque, Advocate - for the Respondent. Writ Petition No.......pon the petitioner and as such he was in dark about the borrower’s defaulting status and the consequent auction notice. He (petitioner) came to learn about the impugned auction notice for the first time on 18.10.2010. Immediately after he wrote a letter on 20.10.2010 to the creditor-bank requestin......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... in: 57 DLR (2005) 172. ......ere of the view that there cannot be any free and fair election by the government comprised of persons belonging to a political party inasmuch as the political party in the government at the relevant time invariably used the government machinery in a bid to influence the election result affecting th......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
...................................Respondents Judgment January 12, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Abdul Jabbar with Nur Jahan Begum, Md. Aminul Haque, Advocates—For the Petitioner. Md. Mamunur Rashid, Advocate—For Respondent No. 4. Writ Petition ......evocable power of attorney Mr. Mamunur Rashid has contended that in the mortgage deed in clause 9 it has been stipulated that the bank shall be entitled to recover the money due under the deed at any time after expiry of the period and in default of payment shall be entitled to recover the same by s......ch was registered in the SR office, Gulshan, Dhaka being power of attorney deed No. 10122 in favour of the Bank and thereby conferred power upon the respondent bank to sell the mortgaged property for recovery of the outstanding dues. 5. Mr. Md. Abdul Jabbar, appearing for Mr. Aminul Haque, has su......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
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