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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
.... Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of credit is established, a letter of credit is not subject to claims or defence......ct between the National Bank and the Union Bank Ltd Karachi. Moreover, the loss it will suffer is in the nature of a pecuniary loss which can very well be compensated by money payment and cannot be called an irreparable loss. 12. The petitioner claims to have settled its dispute wit......n supplied, it supplied inferior quality fabrics. It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing it to suffer irreparable loss and injury. Therefore, it is a necessary and proper party to be added. The application was opp..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result: The Rule is made absolute. Cases Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Ha......it in respect of the same cause of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....port and Ekushey Television, which was in the rejected list, in the earlier and original evaluation report, was placed in the list of the participants found satisfactory. This evaluation report was also dated 9-7-98 and was signed by the same technical committee members. 7. By a letter ......tion of Bangladesh, 1972 Articles 104 & 105 The Code of Civil Procedure, 1908 (V of 1908) Order XLVII rule I The nature of public interest litigation (called PIL hereinafter) is completely different from a traditional case which is adversarial in nat......pective interests involved. He further submits that the foreign investors, who have come and invested great amount of equity one year after the licence was given to ETV, will suffer immense financial loss. Since the signing of the licence agreement, third party rights, not only of the foreign invest..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....tion and others....................Respondents Judgement August 20, 2002. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any o......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......90 as compensation with interest at Taka 3,814,265.39 for the period from 14-5-2000 to 30-4-2001 and also for further decree for damages of US$ 1,000,000 equivalent to Taka 55,000,000 against trading loss, US$ 2,000,000 equivalent to Taka 110,000,000 for international market loss and US$ 5,000,000 e..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....cedure is available is contrary to the provision of the Artha Rin Act inasmuch as the illegality in publishing and conducting the auction sale could be conveniently and efficaciously disposed of by resorting to writ jurisdiction. 5. Mr. Rafique‑ul‑Huq, the learned Counsel ap......inter alia, that petitioners have taken loan of Taka 1,30,00,000 from the respondent No. 2 on 28‑11‑1984 for construction of 10 storied building on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liq......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....by the learned Sessions Judge, Pirojpur in Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonmen...... not remember whether he told to daroga that Shaymol's mother told him that the cowherd of the buffaloes beat Shaymol. 14. P.W. 5 Yakub Ali a quack doctor has stated in his chief that he was called for treatment of Shaymol on Saturday but he did not give any medicine to him as he could not ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....llip;…..Petitioner Vs. Secretary, Ministry of Home Affairs & others…………Respondents Judgment July 29, 2002 Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdh......d the grounds of detention were placed before the Advisor/Board within one hundred and twenty days from the date of the order of detention, the detenu is being detained legally and no interference is called for by this Court. 7. A supplementary affidavit has also been filed on behalf of the sta......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....Shishu Nirjatan Daman Case No.40 of 1999 convicting the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that the informant Purnima Rani Das, P.W.......it that there is no illegality in the impugned judgment and order of conviction and sentence passed by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat No.2, Jhalakati and, as such, no interference is called for by this Court. He then submits that the prosecution witnesses proved the guilt of the acc......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....Sessions Judge, Sylhet passed in Criminal Appeal No. 5(4) of 1988 maintaining the conviction passed under sections 468 and 468/109 of the Penal Code and the sentence of one year rigorous imprisonment and to a fine of Taka 3000 each in default to suffer simple imprisonment for 6 months more ......y and that said two Muktipatras have been created to grab the property vested in the Government. 3. In the background of the aforesaid prosecution case the appellants and 7 others were called upon to answer the charge framed under sections 468 and 468/109 of the Penal Code. The accus......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
State Vs. Harish, 2002, 31 CLC (HCD)
....on) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State …………….........................Petitioner Vs. Harish………………………………Condemned Prisoner Judgment July 1 & 2, 2002. Cases Referred To- State vs. Ali Hossain ......e do not find any iota of evidence to show that she actually went to the house of the accused Angur and thereafter due to electricity failure she was returning to her house or that the accused Harish called and took her away. There appears no evidence of the alleged occurrence to state that what hap......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....2. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in the tender&......s no nexus with the materials on record. 35. He has further argued that the High Court Division erroneously observed that the relevant files were not produced and/or withheld inasmuch as the called for files were duly produced but the High Court Division could not find therein certain rec......y the Ministry of Law but due to various reasons BTV was not given time to send this agreement to the Ministry of Law. The fees mentioned in the co-site agreement were very nominal and was a great loss to BTV. It is further stated that terrestrial transmission can be viewed all over Bangladesh a..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....een handed over to her father petitioner. He submits that the High Court Division failed to appreciate the legal position as propounded in the case reported in 5 BLT (AD)1 = 2 BLC (AD) 18. He also submits that the father is the competent and natural guardian of the minor girl and her continu......ate Examination where her date of birth has been mentioned as on 29‑10‑1983 and if that date is found to be correct date of birth then she has now attained the age of majority. We have called for the Admission Register of the school and from that Register it appears that her date of ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....36 PC 141, AIR 1978 SC. 727, (1978) 3 SCR 162, AIR 1965 SC. 745, (1965) 1 SCR 413, AIR 1943 PC 202, 19 DLR 354, 16 DLR 393, Attorney-General of Pakistan Vs. Abdul Hamid and others, 15 DLR (SC) 96, Nelson’s Case (16 DLR SC 535), Salimullah Vs. State, 44 DLR (AD) 309, Attorney-General of Pakista......' have committed the gravest contempt of Court. In the interest of rule of law and independence of judiciary and administration of justice it is necessary that the aforementioned person should be called upon to show cause why they should not be proceeded against for committing Contempt of this C......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....learned Additional Sessions Judge and Judge, Nari‑o‑Shishu Nirjatan Daman Bishesh Adalat, Madaripur in Nari‑o‑Shishu Nirjatan Daman Case No. 66 of 1997 sentencing the appellant to suffer imprisonment for life. 2. The prosecution case, in short, is that Fazila Khatun, daughter of Fazal......cution case and no independent neighbouring witness proved the occurrence and the medical certificate, claimed to have been issued from Rajoir Hospital, was not produced in the trial Court and the so-called medical certificate, having no date of examination, was produced before the court which was b......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....Shishu Nirjatan Doman Bishesh Adalat, Jhalakathi in case No. 35 of 1999 convicting appellant No. 1 Md. Alam under sections 9 (Kha) and 9(Ga) of the said Act and sentencing him to suffer rigorous imprisonment for 9 (nine) years and also to pay a fine of Taka 5000 (five thousand), in default, to suffe...... of about 500 cubits from the house of the victim. On 3-12-1998 at about 8-00 PM, when the male member of the victim’s house were absent, the accused Parul Begum came to the house of the victim and called her outside the house in presence of her mother and sister Runa Laila. Thereafter at 9-00 PM ...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....Mahmudul Amin Choudhury CJ.- This petition for leave to appeal is against judgment and order dated 3 1‑5‑2000 passed by the High Court Division in Civil Revision No. 152 of 2000 making the Rule absolute reversing the order dated 11‑10‑1999 passed by the learned Senior Assistant Judge Sherpur......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......er decree and challenging that decree the present suit has been filed by the petitioners and unless further proceeding of the execution case be stayed the present petitioners shall suffer irreparable loss. 5. We have gone through the judgment of the High Court Division and also perused the avail..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....ition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by a Single Bench of the High Court Division in Civil Revision No. 323 of 1994 making the Rule absolute against the judgment and decree passed oil 21st September, 1993) by the learned Additional Di......gment of the High Court Division and thereafter he submitted that in view of concurrent findings of fact as to possession of the suit property by the plaintiff appellant prior to the giving of the so called lease by the government in the above mentioned VP Case No. 15(JA) FU/76‑77, was based on pr......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... Bangladesh and others………………………….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Su...... TV (Project) 005,07 we have found that a meeting was held on 2-7-1998 where the Committee was directed to submit report by 6-7-1998. In the same file we also found that the convenor of the Committee called meeting of the Committee on 6-7-1998 and notice was also served upon other members but therea......s of the contract signed between the ETV and Ministry of Finance, BTV had to allow ETV to use BTV's towers but the use of BTV's infrastructure facilities like towers in house, etc are causing loss to BTV. 13. Mr. A Razzaq appeared on behalf of the petitioners, his main argument is that ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....granted by this Division in Civil Petition for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Division in Civil Revision No. 371 of 1991 making the Rule absolute on setting aside the judgment and decree passed in Title Appeal 170 of 1987 of the Court of S......eclaration of title and confirmation of possession in respect of the suit land. The suit was eventually renumbered as Title Suit No.30 of 1986. Their case was that the suit land is a part of the Beel called “Doha Beel' plaintiffs claim that Jabbar Biswas and others were the CS recorded tenants...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....tioner for leave to appeal by judgment‑debtor‑petitioners arises from the judgment passed by a Single Judge of the High Court Division in Civil Revision No. 2849 of 1992 making the Rule absolute and setting aside the Order No. 24 dated 26‑10‑1992 passed by the Senior Assistan......an order that the execution proceeding was barred by limitation and that possession of the suit property had been restored to them. The High Court Division was of the view that the central point that called for determination was whether the execution proceeding was barred by limitation for not havin...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
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