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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.......ook us through Articles 3, 4 and 9 of the Uniform Customs and Practice for Documentary Credit, ICC 500 as of January 1, 1994 and submitted that after acceptance of the documents and communicating its decision to pay on the date of maturity, the petitioner bank was obliged to pay. 22. In support, ..Category: Civil Law | Date: | Hits: 100
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.......as a contract of personal service and incapable of being specifically enforced and consequently, the plaintiffs suit ought to have been dismissed by the Courts below having regard to several reported decisions of this Court cited in the case, which are binding on the Court below, including the High ..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....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....... 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 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of t..Category: Civil Law | Date: | Hits: 75
Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)
....ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......, memo dated 31st December, 1996 directed the concerned authority to supply the service book, if preserved, along with the particulars of the respondent during tenure in service. Without awaiting any decision of the authority the respondent instituted a petition under section 4(2) of the Administrat..Category: Administrative Law | Date: | Hits: 229
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....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.......ormation report, the charge framed against the accused appellant at the trial, the evidence of the witnesses examined by the prosecution as well as the impugned judgment. 9. To arrive at a correct decision in the case, it will be appropriate for us to consider the material evidence on record. ..Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....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.......cation of defendant No. I which is not within the scope of Order VII rule 11 of the Code of Civil Procedure and thereby both the Courts below committed grave error of law resulting in an error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and c..Category: Trust/Waqf Law | Date: | Hits: 187
Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)
.... as a pecuniary punishment upon the accused and for prompt realisation of the fine as a State due without initiating any new and time-consuming lengthy proceeding shall be set at naught and the clear legislative intent frustrated. This is why in a case under the Prevention of Corruption Act, the con......mination 12. The only point for determination in the appeal is, whether the learned Divisional Special Judge was justified in passing the impugned order of conviction and sentence. Findings and decision 13. To appreciate the points raised by the learned Advocate for the contending parties, ..Category: Criminal Law | Date: | Hits: 40
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
.... 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. ......tnesses. This question is purely a question of fact. However, as the Rule was issued to ascertain the truth or otherwise of the allegation, some discussion is necessary on this point. Two arrive at a decision on this point, the state was directed to produce the original statements before the Court a..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......from the Deputy Commissioner in respect of the prayer of the petitioner. 11. Thus it appears that there is nothing on record that any report was submitted to the Ministry and the Ministry took any decision in respect of the prayer for releasing of the land in question in favour of the petitioner...Category: Property Law | Date: | Hits: 28
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.......point for determination in the appeal is whether the learned Sessions Judge was justified in convicting and sentencing accused appellant Md. Salim under section 302 of the Penal Code. Findings and decision: To appreciate the contentions raised by the learned Advocates of the contending parties..Category: Criminal Law | Date: | Hits: 53
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
....result, the Rule is discharged. No costs. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 357.......in Court for making the same a Rule of the Court and a judgment thereupon and the application under Order VII rule 11 of the Code for rejecting such application is totally misconceived. Defending the decision of the learned Subordinate Judge, he also submits that the petitioner earlier made an appli..Category: Procedural Law | Date: | Hits: 69
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....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. ......iff is entitled to a decree upon such contract. In such a suit of the petitioner, opposite party No. 1 has got no locus standi to be added nor his presence is necessary. In support he relied upon the decision in the case of Golam Kader Vs. Abdul Khaleque Choukder and others reported in 43 DLR (AD) 1..Category: Property Law | Date: | Hits: 31
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271....... provision of Industrial Relations Ordinance the Labour Court had no jurisdiction to determine what was the date of birth of the respondent No. 2 as it was purely a question of fact and referred to a decision, the case of Chairman, Power Development Board and others Vs. Chairman, Labour Court, Khuln..Category: Labour and Industrial Law | Date: | Hits: 117
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....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.......al though run by the factory management by no stretch of imagination can be called “Workers” or “Workman” as defined in the aforesaid 2 clauses. In support of this contention he refers to the decision reported in 18 DLR 299 in the case of Abu Bakkar Siddique Vs. Province of East Pakistan to ..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.
......led to a decree for mandatory injunction directing the defendant Nos. 1-5(ka) to restore and keep the suit land as car park?
5. To what relief, if any, the plaintiff is entitled?
Discussion and decision
Issue Nos. 1 and 2:
9. These two issues are taken up together as they are inter-relat..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the decision occasioning failure of justice, that the trial court misread and misconstrued the evidence ..Category: Family Law | Date: | Hits: 186
Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)
....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ...... this submission fails. 6. Then, Mr. Rahman submits in opposing execution by removal of structures kuchcha or pucca in view of the provisions of Order XXI rule 35(3) of the Code. He also cites the decisions in the case of Md. Islam Vs. Munshi Abdur Rahman, 6 DLR 81, Md. Mokarram Ali Lasker Vs. Se..Category: Property Law | Date: | Hits: 29
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... 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.......o set aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates both the sides we, by our order dated 10-7-2000, in view of conflicting decisions of the present issue, referred the matter to the learned Chief Justice so that a special b..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. ......e charges framed at the trial against the accused-persons, the evidence on record as well as the impugned judgment. We are now called upon to scrutinise the material evidence on record to arrive at a decision in the case. 11. Victim Abdul Mabud Master is the maker of the first information report ..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. ...... He also submits that the prosecution having failed to prove their case beyond doubt, the impugned judgment is liable to be set aside. In support or his submission the learned Advocate has referred a decision in the case between Akhter Hossain and others Vs. State, reported in 4 BLC 236 and another ..Category: Criminal Law | Date: | Hits: 32
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