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Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....e a civil Court and Code of Civil Procedure is applicable and hence the Artha Rin Adalat has the jurisdiction to entertain any claim of the defendant in the nature of counter‑claim. Considering the facts and circumstance of the case and the impugned order, we are of the view that allowing the part......n) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Agrani Bank……………………………………………………………..Petitioner Vs. Sultana Jute Mills Limited and others…………………….Respondents Judgment December 1, 1993. Result: The R......ed judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made with..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....al ‑ For the Respondents (In all the writ petitions). Writ Petition Nos. 728, 803, 802 and 838 of 1990, 1092, 1115 and 465 of 1989. Judgment Qazi Shafiuddin J. - As the common questions of facts and law are involved these 7 writ petitions have been heard together and will now be disposed ......in J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990) Dhaka Beverage Industries L......r preceding years. All these conditions were not at all considered in framing the Committee individually as such it cannot be said that the petitioners were heard before making the guidelines as will evidence from the annexures. Section 3(4) of the Act provides that by taking prior approval of the G..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....; Western Engineering Co. Vs. Paul Engineering Co. AIR 1968 Cal. 109. For the same reason there cannot be one yardstick to different issues. Consequently, each case will have to be decided on its own facts and circumstances, as the existence or not of substantial novelty or originality is a question...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J KM Hasan J National Fans Ltd…………………Petitioner Vs. Md. Firoz and another…………………Respondents Judgment March 20, 1995. Result: The applic......lam's contention is that the respondents design is new and original and not an imitation of the petitioner's design. The design has been registered under section 46 of the Act and as such prima facie evidence of its new and original character. The Controller while registering it acted in a bona fide..Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
.... order staying operation of the status quo passed by the learned trial Court on hearing both the parties. The learned Advocate then submits that the learned appellate Court below did not consider the facts that the order of stay passed by him would frustrate the very object of the suit which is for ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Reza (Md.)………………Petitioner Vs. Executive Engineer, Facilities Department, and others………………Opposite Parties Judgment March 13, 1997. Result: The Rule i......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)
....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. ......………Petitioner Vs. Bank Indosuez…………………Opposite Party Judgment January 19, 1998. Result: The Rule is discharged. 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: ......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
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......st. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......l the property was released from the list of vested property. But a review application is pending against that order. 4. After the closing of the pleadings issues were framed and parties led their evidence. The learned SCC Judge by a judgment and decree dated 18-9-85 dismissed the suit. Against t..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... These three allegations were brought against Mr. Moazzem Hossain, Deputy Attorney-General by the Jessore Bench of the High Court Division. In the judgment of my brother Shahabuddin Ahmed, J. these facts are exhaustively dealt with and it will not be profitable to recapitulate these facts. 9. T......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec......sion. The appellant denied that he had told Khalilur Rahman or any body that he was ill on 19.3.83. The submission of the appellant's lawyer is based on a hearsay statement which is not admissible in evidence. As to Mr. S. Huq's alleged information, this cannot be used against the appellant as it wa..Category: Criminal Law | Date: | Hits: 116
....34 of the Ordinance was maintainable.
Special Leave was granted by the Appellate Division to consider the question whether the application under section 34 of the Ordinance was maintainable in the facts and circumstances of the case.
5. In the case of Omar Sons Ltd. (28 DLR178), which was foll...... order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ......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)
....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. ......pondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......hat she executed the document understanding its contents and the significance of the transaction, was upon the recipient of the document, the appellant. The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspicious, as he evaded the ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
...., Karikhara Branch, Sharupkati, District Barisal. 3. In view of our proposed order it will not be adviseable to comment on the factual aspects of the case. It would be sufficient to note the broad facts which are: The petitioner is a businessman and Proprietor of Sandha Bani Cinema Hall at Inderh......………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record......ncipal amount plus something extra which is interest. The Regional Manager took exception because the Bank Manager had violated some rules and regulations. That may or may not be. It is a question of evidence. But what would be the charge against the petitioner? At the highest that has been said is ..Category: Criminal Law | Date: | Hits: 95
.... range of criticism, and notwithstanding the critics’ claim that “normative view” conflates the issue of whether an expectation is prima facie worthy of protection and whether on the particular facts of the case, it is lawful to frustrate the expectation, it remains beyond qualm that the expec......nda 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:
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Category: Civil Law | Date: | Hits: 218
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ttorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 15.2.1995 passed by the Assistant Sessions Judge, First Court, Cox’s Bazar in Sess......er Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there is no iota of evidence against the appellant. None of the witnesses raised any allegations against him even mentio..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....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: ......Attorney General- for the respondent. Jail Appeal No. 1050 of 2008 Judgment Md. Ruhul Quddus J. - This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 10.9.2008 passed by the Assistant Sessions Judge, Court No. 3, Kushtia in Session Ca......al exhibit and identified the appellant on dock. 6. P.Ws. 2 and 5 Md. Zakir Hossain and Md. Saiful Islam respectively two members of the raiding party fully supported the prosecution case in their evidence and corroborated that of the informant (P.W.1). 7. P.W.3 Md. Abdul Mannan, a seizure lis..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
....11, who stated that the appellant, after securing his arrest, disclosed that he used to keep explosive substance at his house. Admittedly he is a member of J.M.B, an extremist organization. Under the facts and circumstances of the present case, the judgment and order of conviction has been rightly p......rney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Quddus J.- This appeal under section 420 of the Code of Criminal Procedure is directed against judgment and order dated 29.3.2007 passed by the Special Tribunal No.4, Rajshahi in Special Tribunal Case No.......ecution and the defense declined to cross-examine them. Among the witnesses examined, P.Ws. 1, 3, 5-7 and 16 did not raise any allegation against the appellant, even did not mention his name in their evidence. P.Ws. 2, 4, 8, 9, 10 and 11 though mentioned his name, did not raise any allegation. 6...Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....ons supplemental to the provisions of PO No.16 of 1972. Consequently, when Sub-section (2) of section 5 provided that the list published under Subsection (1) shall be conclusive evidence of certain facts - these facts are some incidents which occurred or took place on 28-2-1972, the date of commen......s. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultana, 51 DLR (AD) 24, at para-4. Lawyers Involved: Moudud Ahmed with Raziuddin Ahmed, A......985 has made provisions supplemental to the provisions of PO No.16 of 1972. Consequently, when Sub-section (2) of section 5 provided that the list published under Subsection (1) shall be conclusive evidence of certain facts - these facts are some incidents which occurred or took place on 28-2-1972..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....pellate Tribunal was also dismissed and the cost of the construction of house and the income from other sources as estimated by the Deputy Commissioner of Taxes were confirmed. 3. In the aforesaid facts and circumstances, following questions of law have been referred for determination by this Div......: The Reference Application is allowed. Cases Referred to- Meher Nigar Vs. Commissioner of Taxes, (2000) 24 BTD 15; Hotel Samrat Vs. the Commissioner of Taxes, Dhaka, (2000) 28 BTD 50; Hotel and Engineer Consultants Vs. Commissioner of Taxes, (2000) 52 DLR 170; Seth Gurmukh Singh and anothe......t all applicable on the facts and in the circumstances of the case. 4. Mr. MA Noor, learned senior Advocate appearing for the applicants submitted that in the absence of finding any fault in the evidence adduced by the applicant in support of cost of the house and without asking for any further..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....cate appearing on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed error of law in passing the impugned judgment discarding the Rule of evidenc......73. ....... AH Mahfoozur Rahman learned Advocate along with Mr. Mashiul Alam, Advocate appearing on behalf of the defendant No.6 petitioner has taken me through the judgment of both the Courts and placed the evidence of both the parties and submitted that the Trial Court on both facts and law committed erro..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....ank of Deputy Director of the Anti-Corruption Commission most hurriedly that he has acted upon dictation of same Authority of the then Government. 20. Learned Counsel further submits that even the facts as alleged in the FIR, Charge Sheet and statements of witnesses, recorded under section 161 an......riminal 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: T......offence charged. It is plainly desirable that the fact should be referred to on the face of the sanction. Where facts are not referred to on the face of the sanction nor it is proved by extraneous evidence that they were placed before the sanctioning authority, the sanction is invalid, and the ..Category: Criminal Law | Date: | Hits: 156
Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d upon him, but he did not appear to contest the Rule. 4. Standard Bank Ltd., Imamganj Branch as respondent No.3 though appeared, has not filed any affidavit–in–opposition denying the material facts stated in the writ petition. The learned Advocate for the bank, however, has verbally opposed ...... Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nurul Amin Bhuiyan ... ...................Petitioner Vs. Bangladesh and others ................. Respondents Judgment February 10, 2011. Result: The Rule is......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)
....wn views in a brief manner on the main issue i.e. the invalidity or unconstitutionality of the 13th Amendment of the Constitution, namely, Act 1 of 1996, passed by the 6th Parliament. 50. Relevant facts, background of the reference have been elaborately discussed in the main judgment. Writ Petiti...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................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
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