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Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ril 13, 2004. Cases Referred To- RD Harbottle (Mercantile) Ltd. and another Vs. National Westminster Bank Ltd and others, [1977] 2 All ER 862; Equitable Trust Company of New York Vs. Dawson Partners Ltd, [1927] 2 Lloyd's Law Report 49; Soporna Spa Vs. Marine and Animal ByÂproducts Cor...... Jalsard Pvt. Ltd. [1973] AC 279 Lord Diplock rules, "the banker is not concerned whether the documents for which the buyer has stipulated serve my useful commercial purpose or as to why the customer called for the tender of a document of a particular description. Both the issuing banker and his cor...... of fraudulent representation by the sellers, the buyers obtained an interlocutory injunction restraining the sellers from giving notice to the guarantors who were not parties to the cause, until the trial of the action. The appeal therefrom was dismissed by the Court of appeal on the view, a......vil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J Korea Exchange Bank, Seoul, Korea……………Appellant Vs. Gemini Garments Limited and others………….Respondents Judgment April 13, 2004. Cases Referred To- ..Category: Business or Commercial Law | Date: | Hits: 290
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 26.08.2009 passed by the High Court Division in Civil Revision No.189 of 2006 making the Rule absolute. 2. The facts, in short, are that the responÂdents as plaintiffs instituted Other Class S...... It was stated that the written statement in the suit was filed on 16.04.2005 by the constituted attorney of the defendant No.1. On 18.05.2005 the plaintiffs by managing the CID of police, Chittagong called on the defendant No.1, the father of the constituted attorney and the son-in-law of the defen......the petitioner preferred Civil Revision No. 189 of 2006 before the High Court Division and the High Court Division by the impugned judgment set aside both the judgments of the appellate court and the trial court. 11. As against the judgment and order of the High Court Division the petitioner has ......yeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nasrullah Chowdhury…………………..............Petitioner Vs. Mohammad Nurul Islam and others……………….Respondents Judgment June 6, 2010. Cases Referred To- (Moul..Category: Property Law | Date: | Hits: 65
.....37. In this backdrop suppressing material facts the petitioners filed writ petition with a prayer for injunction against the respondents which is ex facie mala fide and for collateral purpose to get some sort of leverage over a sub judice matter and, as such, the Rule is liable to be discharged. Th...... aforesaid suit and, as such, the Rule is liable to be discharged. Conceding, for argument's sake, even if letter of credit is not a limit given sanctioned by the respondent No. 3, the same cannot be called in question by the petitioners, in special original jurisdiction before this Hon'ble Court an...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......by vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ing the Captain alleging, inter alia, that while engaged on duty in the Bay of Bengal from 21 September, 2000 to resist smuggling and illegal fishing within the Bangladesh fisheries waters they found some vessels within Bangladesh. The said Naval Contingent passed command from their ship on those ve...... the Director General of Fisheries Directorate calling upon a report on the crews and the vessel FV Shin Fa Chern # 20 and the Ministry of Home Affairs on the basis of same verbal note No BC 131/2000 called for another report on 30-10-2000 about the said crews and the vessel of the FV Shin Fa Chern ...... order of conviction and forfeiture is appealable before the learned Sessions Judge. Even the petitioner could have filed an application under section 517 of the Code of Criminal Procedure before the trial Court claiming the ownership of the vessel but without doing so he filed the writ petition whi......ial Original Jurisdiction) Present: MM Hossain J Zubayer Rahman Chowdhury J Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhak..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....ting the accused appellants under sections 409/420/467/468/471/477 (A)/201/109 of the Penal Code and 5(2) of the Prevention of Corruption Act, 1947 and sentencing each of them to suffer rigorous imprisonment for 15 years and to pay a fine of Taka 14,00,000 only each in default to suffer rigorous imp......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......case against the accused persons under sections 409/420/467/468/471/477(A)/201/109 of the Penal Code and also under section 5(2) of the Prevention of Corruption Act, 1947 and sent the case record for trial on 17-6-99. 6. Charge was framed under sections 409/420/467/468/471/477(A)/109 of the Penal...... 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... and to establish Saw Mills and Sawpits within the district of Sylhet. Rule 9 of the aforesaid Rules, 1951 provides for sanction/licence to establish Saw Mill or Sawpit within one mile of the cold season bed of any river or channels of the Sylhet district. The elder brother of the petitioner applied......e state to realise a socialist society in which the rule of law, fundamental human rights and freedom, equality and justice will be secured. Part III of the Constitution enumerates a number of rights called fundamental rights for realization of the fundamental aim of the State. Article 26(1) provide...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....nies went into commercial production on and from 1st April, 2000. The petitioners obtained Tax Identification Number and VAT registration number from the Commissioner of Customs, Excise and VAT and also obtained Bonded Warehouse Licence, CCI & E registration. BOI registration from the concerned ......assessee's company. The National Board of Revenue is silent about the rest of the 37 allegedly old machines when admittedly 8 machines were taken as loan from the sister concern. When explanation was called for as to use of the old machines, and for how many days the same were used, the assessee sub......e sister concern of the petitioner company which were not old and, as such, the same does not in any way contravene the provision of section 46A of the Ordinance. He submits that the present two industrial undertakings were not formed by splitting up or by reconstruction or reconstitution of any bus......(2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....and not binding upon the plaintiffs; (b) The plaintiffs have got title in the suit land; and (c) defendant No. 2 Ramendra Nath @ Rabindranath Biswas was 'Benamder' of Ishaque Ali Miah, predecessor-in-interest of the plaintiffs in respect of the sale deeds dated 28-12-1972 and 1-4-1974 describ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... (3), B to B(1) and C. 14. Trial Court on the evidence on record decreed the suit as prayed for. On appeal there from at the instance of defendant No. 1, the appeal was dismissed and decree of the trial Court affirmed by the impugned judgment and decree. Hence, this Rule Mr. Syed Mofizur Rahman, ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Abdur Rahim Chowkider @ Abdur Rahman Sheikh since deceased……………… Petitioner Vs. Raji Haider and others…………………….Opposite Parties. Judgment June 28, 2006. Cases Referred..Category: Property Law | Date: | Hits: 79
....rs, (1991) 4 SCC 54; Authorised Officer, DIT, Dacca Vs. Mr. AW Mallik and others, 20 DLR (SC) 229; Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1.
Lawyers Involved:
Tanjibul Alam, Advoca......reas also reflects the necessity of such conservation. In the facts of the instant case, there is mention of open space, namely Zia Uddyan (National Assembly area). Arguably, that could mean the park called Zia Uddyan within the National Assembly area or the Zia Uddyan as well as the National Assemb...... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441....... Case is also Reported in: 58 DLR (2006) 441...
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....…………………………………………………..Respondent. Judgment May 10, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove......in PLD 1953 Lahore 213, 5 DLR (FC) 64, 54 DLR 148 as referred by the learned Counsel for the defence. 43. It further appears to us before commencement of trial the learned Judge of the trial Court called for a report from the concerned authority of Pabna Mental Hospital as to the mental condition......a lunatic The appellant was suffering from manic depressive psychosis (depressive phase) which is absolutely a mental disease and cause of unsoundness of mind. Therefore, the learned Judge of the trial Court should follow the procedure as laid down in section 465 of the Code of Criminal Procedur......nciple of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution never shifts and the duty generally cast upon the prosecution to ne..Category: Criminal Law | Date: | Hits: 70
Solaman Vs. State, 2005, 34 CLC (HCD)
....sidering the materials on record the learned Sessions Judge convicted the accused petitioner under section 19(a) of the Arms Act read with Special Powers Act and sentenced him to suffer rigorous imprisonment for 7 (seven) years and to pay fine of Taka 5,000 in default to suffer rigorous imprisonment....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ......ame to the police station. 4. The police investigated the case and submitted charge-sheet against the accused petitioner and another under section 19(a) of the Arms Act. 5. The case came up for trial before the Court of learned Sessions Judge and Special Tribunal, Khulna and on 15-3-2002 the S......itioner Vs. State ………………………………………………….Opposite Party Judgment March 21, 2005. Cases Referred to- Ashrafuddin Ahmed Vs. State, 16 DLR 223, Malu and others, 30 DLR 421, Osman and others, Ratan Vs. State, 30 DLR 421, Jafar Alam Chowdhury Vs. Stat..Category: Criminal Law | Date: | Hits: 53
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....st Class, Druta Bicher Adalat, Sylhet convicting the petitioner under section 2(kha)(1) of Ain Sringkhola Bignakari Aparadh (Druta Bicher) Ain, 2002 sentencing him there under to suffer rigorous imprisonment for 2(two) years and to pay a fine of Taka 1000 in default to suffer rigorous imprisonment f......at House No. 7 of Block A, Shah Jalal Upo Shahor as he was in trouble. The informant on that telephone call went there along with his friend Md. Rafiqul Islam @ Robu and when they reached there a man called him and took him inside the gate and then and there 5 persons pushed and drove him inside the......petitioner the learned Sessions Judge summarily refused to admit the appeal which is quite illegal and beyond the principle of natural justice. 12. It is further stated that in case of in absentia trial the limitation shall run from the date of knowledge of the judgment and not from the date of j...... 2004. Judgment Siddiqur Rahman Miah J. - This revisional application under section 439 of the Code of Criminal Procedure at the instance of Jamal Ahmed @ Jamal is directed against the judgment and order dated 1-11-2004 passed by the learned Sessions Judge, Sylhet, in Criminal Appeal No. 124 o..Category: Criminal Law | Date: | Hits: 65
Abdus Sattar @ A. Sattar @ Sottar Vs. State, 2006, 35 CLC (HCD)
.... Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were convicted and sentenced to suffer rigorous imprisonment for 10 years in Session Case No. 161 of 1994 arising out of Raujan Thana Case No. 8(3)/90 co......ion with any other case. He is also discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 415, 26 BLD (HCD) (2006) 351.......rred to the Court of Session Judge, Chittagong and registered as Sessions Case No. 161 of 1994 which was subsequently transferred to the Court of Assistant Sessions Judge and 3rd Artha Rin Adalat for trial. 5. During the trial the charge was framed under sections 395/397 of the Penal Code against...... Judgment Md. Ashfaqul Islam J. - Accused appellant Abdus Sattar @ A. Saltar @ Sottar along with other accused namely, Pijush Kanti Barua, Md. Hossain, Md. Soleman, Baharul Islam @ Bahar, Bashikka and Sunil Ghose were found guilty under sections 395/397 of the Penal Code and each of them were con..Category: Criminal Law | Date: | Hits: 59
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....y the learned Additional Sessions Judge, 4th Court, Mymensingh in Session Case No. 66 of 2002 convicting the appellant under Part-II of section 314 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case, in brief, is that deceased Sarifa Akter, wife of Md Ra......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......8 ASI Abdul Kasem as informant lodged the first information report on 6-5-2001. 3. Police after investigation submitted charge-sheet against the appellant. 4. Eventually appellant was placed on trial in the Court of Additional Sessions Judge, 4th Court, Mymensingh to answer the charge under Pa......……………..Appellant Vs. State ……………………………………………………..Respondent. Judgment April 27, 2006. Cases Referred to- Asadur Rahman alias Asad and others Vs. State, 1995 BLD 290; Nawabul Alam and others Vs. State, 1995 BLD (AD) 55; Miislimuddi..Category: Criminal Law | Date: | Hits: 55
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....lia, that the said suit land originally belonged to Anfar Uddin, who died leaving the plaintiff as his widow, and two sisters, defendant Nos. 2 and 3. The defendant No. 1, Anfar Uddin's stepbrother's son, disclosed for the first time on the 1st day of Kartic, 1403 BS that Anfar Uddin executed and re......e in the Rule issued. In the result, the Rule is discharged. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 400.......ct Judge pursuant to an appeal preferred by the defendant No. 1. 5. The plaintiff-respondent-petitioner now submits that the lower appellate Court erred in reversing the judgment and decree of the trial Court since there is no credible evidence to show that the disputed Hiba-bil-iwaz deed had at ......me Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Refaat Ahmed J Suratjan Bewa……………………………………..Petitioner Vs. Md. Abdul Mannaf and others………………………..Opposite Parties. Judgment May 10, 2006. Cases Refer..Category: Property Law | Date: | Hits: 82
Sheikh Mujibur Rahman @ Rajib Ullah Vs. State, 2004, 33 CLC (HCD)
.... Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177; High Court Bar Association, Lahore Vs. Emperor, AIR 1941 Lah 301; Niranjan Lall Arya Vs. State AIR 1954 Cal 82; Hasar......ore Vs. Emperor, AIR 1941 Lah 301, it has been observed by another Division Bench of Lahore High Court: "Where an accused pleads guilty but the act complained of does not amount to an offence, the so-called plea of guilty is no more than an admission on the part of the accused that he had committed ...... to a police report submitted under section 173, Cr.P.C. recommending for the prosecution of the appellant under section 304 of the Penal Code, the learned Sessions Judge received the case record for trial and thereafter he framed charge against the appellant on 5-2-2001 which reads as follows: â......pellant Vs. State………………………………………………………………………..Respondent Judgment August 8, 2004. Cases Referred to- Bengal Vs. Jiban Kumar De and others, AIR 1936 Cal 292; Basanta Singh Vs. Crown, 7 Lah 359; Emperor Vs. Kassim, 26 Cr.L.I. 177..Category: Criminal Law | Date: | Hits: 51
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....Bhagat Singh and another Vs. Emperor, AIR 1930 (Lahore) 266; State Vs. Mukbul Hossain, 26 DLR 419. Lawyers Involved: Abdul Malek with Asaduzzaman, SM Shujahan, Advocates—For the Condemned Prisoner. Md. Khalilur Rahman Bhuiyan, Advocate —State defence lawyer for absconding Condemned Pri......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ...... 114/34 of the Penal Code, since a prima facie case was made out against the convicts as well as others under the aforesaid sections. 9. The case record was sent to Druta Bichar Tribunal No. 1 for trial as absconding convicts Mokammel Hyeath Khan alias Moky and Nurul Islam Sagor alias Tapa Nurul ......……………………………………..Petitioner Vs. Mokammel Hyeath Khan…………………………………Respondent. Judgment March 1, 2006. Cases Referred to- Paran Chandra Barai Vs. State, 6 BCR (AD) 225; State Vs. Faruqur Rahman and Others, BLT's Special Issue 2001..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....before the Court of learned Magistrate, 1st Class, Sadar Chittagong under section 144 of the Code of Criminal Procedure against the opposite parties stating that the petitioner is the owner and possessor of the case land and he has constructed a tin-shed house where he is dealing grocery business in......in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......ocedure and directed the opposite-parties to submit written statement and the learned Magistrate transferred the case to the Court of another Magistrate presided over by Mr. Md. Moniruzzaman Khan for trial and disposal. 4. The said Court received the case on 27-8- 2002. On the said date the first......igh Court Division (Criminal Miscellaneous Jurisdiction) Present: Mir Hashmat Ali J ABM Hatem Ali Alauddin (Md.) ………………………………………Petitioner Vs. State and others……………………………………..Opposite-Parties. Judgment June 29, 2005..Category: Criminal Law | Date: | Hits: 55
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
....th the intention of killing the victim, attacked him with the Chinese axe when the informant caught hold of him along with the weapon. Others who came to the scene of occurrence hearing hue and cry also managed to catch the petitioner. It is further alleged that the accused had stolen a private rick......ranted by this Court, may be released from his bail bond. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: 58 DLR (2006) 362. ......e theft, the accused petitioner and others attacked the informant's brother. Upon being apprehended the petitioner and the co-accused were handed over to the police. 3. After due investigation and trial the petitioner was convicted under sections 448/427 of the Penal Code, but since no charge had...... Md. Imman Ali J. - This Rule was issued upon an application filed under section 439 of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the impugned judgment and order dated 28-8-2000 passed by the learned Metropolitan Sessions Judge, Dhaka in Metropolitan S..Category: Criminal Law | Date: | Hits: 61
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
....assed by the learned Additional Sessions Judge, 2nd Court, Bogra, in Sessions Case No.92 of 2000 convicting the accused-appellant under section 304 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Taka 5000, in default, to suffer rigorous imprisonment fo...... severely injured condition of Ansar with profuse bleeding and, as such, he was taken to the hospital but the doctor declared him dead. She deposed that co-accused Amili, being wife of accused Mazid, called her son to that house and subsequently, Mazid committed murder. She admitted that no allegati......uyan, charge-sheet was submitted against the first information report named accused and his wife Amili Begum under sections 302/201 of the Penal Code on 31-1-2000. 6. After the commencement of the trial, the learned Additional Sessions Judge also framed charges against the two accused-persons und......ey-General—For the Respondent. Jail Appeal No. 557 of 2005. Judgment Khondker Musa Khaled J.- This Jail Appeal, at the instance of accused Md. Abdul Mazid, is directed against the judgment and order of conviction and sentence dated 30-4-2005 passed by the learned Additional Sessions Judge..Category: Criminal Law | Date: | Hits: 93
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