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Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55.......dy-made garments. The plaintiffs already admitted to have received the yarn under the letters of credit and used those in making garments. After the beneficiary, Modern Textiles tendered the shipping documents in the petitioner Bank through the Premier Bank, both the plaintiffs duly accepted the doc..Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S......tion and the defendant No. 1 has been carrying on business in the suit premises with the permission of Dhaka City Corporation. 4. Subsequently, the plaintiff examined 3 witnesses and also produced documents in support of his case. The defendant also, examined himself as DW 1 and also exhibited ce..Category: Tenancy Law | Date: | Hits: 171
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......appearing for the appellant and Mr. Mahmudul Islam, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. The main contention of the learned Counsel appearing for the appellant is t......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470...Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....leave to appeal arose from the judgment and order dated 11th August, 2009 of a Single Bench of the High Court Division in Civil Revision No. 2323 of 2009 making the rule absolute in part. 2. Facts relevant for the disposal of this petition are that the petitioner instituted Title Suit No. 302 of ......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......ah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mr. Quazi Faruque Ahmed…………………………….Petitioner Vs. M. A. Wadud and others................................Respondents Judgment August 8, 2010. Lawyers Invo......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...Category: Civil Law | Date: | Hits: 75
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....ccused Karam Ali in the dock. 13. In cross-examination he stated that engine boats ply in the Shitalakhya river even at night. He also stated that many boats remained anchored at Maula Ghat at the relevant time. 14. PW 3 Abu Abdullah and PW 4 Md. Helal Uddin, constables accompanying the police......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......nt Judgment July 5, 2001. Result: The appeal is dismissed. Criminal Jail Appeal No. 1192 of 1995. Judgment Gour Gopal Saha J. - This jail appeal is directed against the judgment and order dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No.......sistant Sessions Judge, Narayanganj, in Sessions Case No.7 of 1994 to answer a Charge under section 399 of the Penal Code. 5. At the trial, the prosecution examined 11 witnesses and exhibited some documents in support of its case while the defence examined none. 6. The learned Assistant Sessio..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....nst any order of the Waqf Administrator; that if no notice was served upon the Mutwalli or Waqf Administrator before filing of the suit and in case of any decree, the Waqf Administrator may apply the relevant court within 4(four) months declaration that the decree is void, hence service of notice be......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
....e in collusion with accused Tara Miah, withdrew the disputed money from the bank for making illegal gains. 19. P.W. 3 Md. Hafizullah Bhuiyan was an officer of Janata Bank, Corporate Branch, at the relevant time. He stated in his evidence that the fake Haji Asgar Ali withdrew compensation money fr......t P.W. 2 Md. Shahjahan identified Haji Asgar Ali in the account opening form. 21. On recall by the prosecution, he proved the seizure list Exhibit 12 by which the Investigating Officer seized some papers from the bank vide Exhibit 12. 22. P.W. 4 Md. Salim Miah is an officer of the Janata Bank ......e. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......read with section 5(2) of Act II of 1947 to which the accused pleaded not guilty and claimed to be tried. 5. At the trial the prosecution examined as many as 13 witnesses and exhibited a series of documents in support of its case while the defence examined none. 6. The learned Divisional Speci..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....riminal Procedure which were filed by the prosecution in the Court of Metropolitan Sessions Judge Dhaka on 16-7-1999 in Metropolitan Sessions Case No.7 of 1999 should not be expunged. 2. The facts relevant for the purpose of disposal of the Rule are as follows: In the above case Mr. Abdul Kaha...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ......1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded under section 164 of the Code of Criminal Procedure whi......an officer other than the Investigating Officer can not be used by the prosecution in evidence and should be expunged. The law point is whether the provisions of section 205C is a bar for using those documents in evidence at the time of trial which were not transmitted to the court along with the re..Category: Criminal Law | Date: | Hits: 45
Salim (Md.) Vs. State, 2001, 30 CLC (HCD)
....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......For the Appellant. AQ Rashid Ahmed, Assistant Attorney-General—For the State. Criminal Appeal No.1811 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 19-7-95 by the Sessions Judge, Feni in Sessions Case No. 24 of 1994 convicting accus...... sheet against accused appellant Md. Salim under section 302 of the Penal Code to stand trial before the Court. 4. At the trial, the prosecution examined as many as 14 witnesses and exhibited some documents in support of its case while the defence examined none. 5. The defence case, as it appe..Category: Criminal Law | Date: | Hits: 53
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....ed before the Court by the parties, namely, the plaintiff and the defendants. The presence of the Province of East Pakistan thus becomes necessary for the purpose of enabling the Court to receive all relevant information which will give guidance as to appropriate principles applicable to the case.......ession on homestead on the suit land. It is also claimed that the story of settlement and sale deeds were created for the purpose of the application. 5. Hearing the application and considering the papers produced, the learned Subordinate Judge allowed the same by the impugned order. 6. Mr. Md....... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....o.3 of 1998 allowing the appeal and setting aside the judgment and decree dated 13-11-1997 passed by the Senior Assistant Judge, Narsingdi in Title Suit No. 29 of 1997 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that, the petitioner as plaintiff brought above sui......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Iftikhar Rasool J Amir Hossain Bhuiya (Md)…………………Petitioner Vs. Harisul Haq Bhuiya and others………...Opposite-Parties Judgment May 24, 1999. Cases Referred To- Abu Ba......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
....) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......) Ltd. registered on 6-4-93 is null and void.
Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 263.
......sent:
Md. Golam Rabbani J
Md. Latifur Rahman J
Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff
Vs.
Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants
Judgment
February 1st, 1999.
Lawyers Involved:
Dr. Kamal H...... Judge and ordered its disposal by an appropriate Bench of the High Court Division in terms of Article 110 of the Constitution.
7. Each of the contesting parties examined one witness and exhibited documents in support of their respective cases. Plaintiff examined P.W.1 Syed Shah Alam who is the S..
Category: Property Law | Date: | Hits: 72
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ial circumstances for ends of justice has not been ousted by Artha Rim Adalat Act and the learned Subordinate Judge, considering the fact that because of transport strike all over the country at that relevant time, the opposite parties could not attend the court on 17-3-93, exercised that power. Mr....... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)
....hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......secutions took place and the accused persons have been falsely implicated in the case out of grudge and enmity. 4. At the trial, the prosecution examined as many as 10 witnesses and exhibited some papers in support of its case while the defence examined none. 5 The learned Additional Sessions ......al Code. 2. The prosecution case, briefly stated, is that at about 5-00 PM on 12-6-86 after prayer time victim Abdul Mabud Master was coming home from Kuddukhali Launch Ghat by ‘Ferdousi Road’ and when he came near the house of the accused persons, accused Rashid Ahmed and 17 others, being ar......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..Category: Criminal Law | Date: | Hits: 76
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......e. 20. In cross-examination this P.W. stated that as required form for recording statement under section 164 of the Code of Criminal Procedure was not available, he recorded the statement in white papers, but there is no such certificate in the said statement mentioning the same. This P.W. in his......Shamsul Haque (Md)………………………….Accused-Appellant Vs. State…………………………….Respondent Judgment December 8, 1999. Cases Referred to- Akhter Hossain and others Vs. State, 4 BLC 236 Abdul Wahed alias Chandu Mia Vs. State, 4 BLC 320. Abu Taher Chowdhu......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....as wrong in exercise of the discretion under Order XXI rule 101 of the Code in allowing the applications. In order to appreciate the submissions of the learned Advocates, we should first consider the relevant provisions, Order XXI rules 100 and 101 of the Code, which reads: “100. (1) Where any ......Sangam Lal Agarwal, AIR 1975 All 424. He also submits that the learned Advocate Commissioner also could not ascertain the land. 14 Opposing the Rule, an affidavit-in-opposition annexing number of papers was filed on behalf of the opposite parties. Mr. Nazrul Islam submits that the petitioner sou......e Parties. Civil Revision No. 2612 of 2001 with Civil Revision No. 2617 of 2001. Judgment Md. Abdur Rashid J. - This order will dispose both the Rules, which arise out of the following facts and circumstances: 2. On 8-11-1994 opposite party Nos. 1 to 9 in the earlier Rule made an applica......itle to the land. Opposite parties could not get any relief without partition. 10. The cases were heard separately. Opposite parties examined four witnesses in each of the cases, adduced number of documents which were marked as exhibits No. 1 to 13 in the earlier case exhibits No. 1- to 15 in the..Category: Property Law | Date: | Hits: 26
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the application under section 95 is not maintainable under the Companies Act. 19. I have considered the submissions of the learned Advocates, perused the applications, affidavits-in-opposition and papers annexed to them. It is settled by a long line of decisions reported in 19 DLR 735, 20 DLR (SC...... any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...Category: Company Law | Date: | Hits: 208
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....question before us is, whether the petitioners right on his lands diluviated in 1991 and 1992 subsists under the State Acquisition and Tenancy (amendment) Act, 1994. It may be convenient to quote the relevant portion of the laws passed at different times with regard to the abatement of rent, right, ......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......t High Court Division (Special Original Jurisdiction) Present: Mainur Reza Chowdhury J MA Aziz J Kajemuddin Miah (Md)………………………….Petitioner Vs. Bangladesh and others………………………….Respondents Judgment June 10, 1999. Lawyers Invol......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....for the appearance of the advertisement of an application of a Trade Mark in the Trade Marks Journal. In my view, a notice to the concerned applicants by the Registrar should be impliedly read in the relevant section of the Act and the rule 23 framed thereunder to avoid abuse of power and for the sa......t shall not be bound to do so.”
11. I have considered the submissions of both the learned Advocates, gone through the petition, affidavit-in-opposition, supplementary affidavit-in-opposition and papers annexed to them. The potential question in this case appears to me is, whether a notice to th......iction)
Present:
KM Hasan J
Solaiman Ali (Md.) trading as Aarman Soap Factory…………………………………….Petitioner
Vs.
Md. Abul Hussain, trading as Munni Soap Dhaka and another…………..…….Respondents
Judgment
November 11, 2001.
Cases Referred ...... Trade Marks in favour of the opposite party No. 1 is expunged from the register of Trade Marks. Let the register be rectified accordingly.
Ed.
This Case is also Reported in: 54 DLR (2002) 294.
..
Category: Intellectual Property Law | Date: | Hits: 167
....tutionality of an Act of Parliament under the Indian Constitutional scheme, in following language;
“The extent of those limitations on the powers has to be determined on an interpretation of the relevant provisions of the Constitution. Since the task of interpreting the provisions of the Consti......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
......on)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Resp......sidered. It was viewed by the Appellate Division that return to ‘Bangalee Nationalism,’ now, would involve huge expenditure and changes have to be recorded in all the passports and other official documents, home and abroad.
289. There is no doubt, and keeping in mind the question of expenses ..
Category: Constitutional Law | Date: | Hits: 482
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