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Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......judges of the respective Adalat are concerned Mr. Munir Sharif, the learned Advocate for the petitioners in all these four Rules, submits that he will not press the portion of the Rule in view of the decisions so given by the apex Court as well as by this bench of the High Court Division. 14. Ho..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and circumstances thereof such a tribunal may arrive at a decision simply by questioning the accused and considering his explanation............................Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ted the said offer, availed the loan facilities under the sanctioned limit and enjoyed its benefit is now estopped from alleging contravention of law for claiming interest. In this regard, citing the decision given by the Appellate Division in Civil Petition for Leave to Appeal No. 22 of 1998. Mr Ah..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597....... supplementary affidavit today, it is further stated. that pursuant to the letter of the petitioner dated 9-9-2004 a senior Assistant Secretary of the Ministry concerned informed the Government's decision to release the stamps and that the Commissioner of Customs would soon be given instruction ..Category: Business or Commercial Law | Date: | Hits: 178
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......ries have been given an extension until 1-72003 to provide protection for Trade Marks, Copy Right, Patents and other Intellectual property under the World Trade Organisation's agreement following a decision reached by member countries on 29-11-2005. In that regard, our opinion is that this kind of..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......le a fresh suit on the same cause of action is to be regarded as one indivisible whole, and it is not open to the permission to bring a fresh suit. The simple withdrawal has affected the merit of his decision which has caused failure of justice. 15. It is thus abundantly clear that the learn..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... that even a person who has an interest, however, slight, and even the bare possibility of the interest, is entitled to oppose a testamentary paper. In support Of the contention he has cited some decisions. We do not dispute the contention of the learned Advocate. As observed above, the respon..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......s case under section 34 of the Industrial Relations Ordinance as well as the impugned judgment passed in that case were maintainable. In support of this contention, the learned Advocate has cited a decision of this Court reported in 32 DLR 164. 7. For better appreciation of the arguments ad..Category: Labour and Industrial Law | Date: | Hits: 114
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ......rejected the civil revision against which the present petitioner moved this Court under section 115(4) of the Code of Civil Procedure and obtained the Rule. 4. In this Rule, the main point for decision is whether Title Suit No. 209 of 2002 can be stayed or not or the order of simultaneous hea..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......onstruction of delegated legislation. At the time, he submitted, section 30A of the Act was not yet added. 12. We have perused the records of the cases as are available. We have also read the decisions cited. In order to appreciate the submissions of the learned Advocates, we need to read th..Category: Fiscal/Taxation Law | Date: | Hits: 64
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......urt. He, however; sent minutes of the 77th Syndicate meeting held on 17-3-2005 (approving the action of the Vice-Chancellor staying the appointment of the petitioner and also making ineffective the decision as to the appointment of the petitioner. Having scrutinised the transmitted records, th..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... to dispose of the case. For this mistake of the learned District Judge, the petitioner cannot be held responsible nor his application would fail. Had the mistake been found to have resulted from the decision of the learned District Judge in the exercise of a jurisdiction under section 388(4) of the..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost 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) 144. ......aside the ex parte decree and accept the written statement filed on 17-3-93. Earlier, after hearing the learned Advocates of both the sides, we by our order dated 10-7-2000, in view of conflicting decisions on the present issue, referred the matter to the learned Chief Justice so that a special b..Category: Procedural Law | Date: | Hits: 67
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ...... meaning of section 5 Gaga of the Bank Companies Act, 1991 and, as such, including their names in the CIB List is clearly illegal and ought to be struck down and in this connection he relies on the decisions reported in 1 Law Guardian 343 and2005 BLD (AD) 239 and the unreported decisions of t..Category: Banking Law | Date: | Hits: 124
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......ervice of notice on a director invalidated the proceedings of a meeting of the Board of Directors of Ittefaq Group of Publications Limited. Their Lordships of the High Court Division arrived at above decision on due consideration of some cases reported in AIR 1973 (Vol. 60) SC 2389, AIR 1958 (Punjab..Category: Company Law | Date: | Hits: 222
Category: Labour and Industrial Law | Date: | Hits: 109
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......andard Oil Company (New Jersey) 1927 AC 632, to disallow registration of a similar trade mark. 24. This legal position is now well established. Reference in this respect may be made to some of the decision, such as, McDowell Vs. Standard Oil Company (New Jersey) 1927 AC 632; Aristoc Ltd. Vs. Ayst..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ked Exhibit Nos. 1 to 4 series while those of the defendant Exhibit No. Ka and Kha. 8. The trial Court dismissed the suit and the appeal of the plaintiff taken therefrom was also dismissed and the decision of the trial Court affirmed by the impugned judgment and decree. It may be noted that durin..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......r Muslim Shariah wherein the dowry money was fixed at Taka 1,00,000. Zitu was the witness in that Kabinnama. They stayed together in their house from 1-30 to 5-00 PM as husband and wife and they took decision that they would inform their parents afterwards. From that very date they used to go to dif..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... he is found to be 16 years of age, the trial Court will proceed with Special Tribunal Case No. 12 of 1993 and dispose of it accordingly." 22. In the light of the above discussion and law and decisions bearing with the matter, we are of the view that the learned Judge, Speedy Trial Tribunal ..Category: Criminal Law | Date: | Hits: 32