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Displaying 601-620 of 978 results.
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....t his own risk on collection basis sustaining a loss of US$ 14930.00 because of his UK visit. The plaintiff claimed that the loss that he had to suffer was due to the defendant No. 1’s inability to complete the transaction as per the terms of the Master LC and, as such, the plaintiff incurred loss......n. 26. In the light of our finding that, the plaintiff, on the basis of the material available before us, has failed to make out a prima facie case, we do not feel that there is any necessity to embark upon a detailed discussion on the balance of convenience either, (Balance of Justice in Donalds..Category: Civil Law | Date: | Hits: 164
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....eason. 50. The Supreme Court reiterated the well settled principle that the circumstances forming that evidence must be conclusively established and even when so established, they must form such a complete chain that it is not only consistent With his guilt but is inconsistent with any reasonable...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ..Category: Criminal Law | Date: | Hits: 44
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....an and not as the Managing Director of the Company. 23. He then contends that the allegations of forgery are vague and have no factual basis. This Court in its summary jurisdiction should not take complete evidence to resolve the dispute. 24. He has further submitted that this Court may look i......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..Category: Company Law | Date: | Hits: 247
.... talked to the contemner-appellant No.1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the contemner-appellant No.1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. It is contended that inspite of such repe...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....it is liable to be dismissed. 4. Mr. Md. Abu Siddique, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division passed the impugned judgment and order giving complete relief to the defendants before giving an opportunity to the plaintiffs to put their case; ......t Nos. 1-4, 10, 12, 13-33 contested the suit by filing a written statement denying all material allegations contending, inter alia, that the suit is not maintainable in its present form and nature, barred by limitation, suffers from defect of parties, it is not properly valued and stamped and the ..Category: Property Law | Date: | Hits: 47
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
.... case No.505 (ka) p-1/87-88 and has been paying rent and taxes to the government in his name regularly. The ‘ka’ and ‘kha’ schedule property has been divided by a wall and both the properties completely separated from each other and the path way for getting entrance of both the premises are ......e-emption under the Mohammedan Law is not maintainable in its form inasmuch as the plaintiff did not perform Taleb-i-mowasibat and Talab-i-ishat in accordance with Mohammedan Law and the suit is also barred by limitation; that the specific case of the defendants is that the defendant No. 2 decided t..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....at in the counter-affidavit the defendant opposite party No.1, has categorically stated that the construction on the suit premises according to the plan passed by the local Municipality is almost complete, but because of the ad-interim order of temporary injunction made by this court at the time......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e of contract the parties to the contract are necessary parties to the suit but the general rule is subject to exception. Where presence of a stranger to the contract is necessary for effective and complete adjudication of the issues and for avoiding multiplicities of suit and proceeding he ma......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
.... Station ghat from the opposite party's dockyard and with the permission of the court handed over possession of the launch to the petitioners. The petitioners thereafter asked the opposite party to complete the remaining work of the launch as per schedule attached to the work order within 15 days.......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....ase of hardship of any sort was made out in the written statement as well as in the additional written statement filed by contesting defendant No. 1. The case of the contesting defendant it is one of complete denial of the transaction, which has been concurrently found to be false by the learned Cou......er enjoyed full benefit of the money, the value of money has fallen many times in the course of the last 17 years, it is shockingly unjust and equitable to deprive the plaintiff of the benefit of the bargain and to let him off with his principal money with simple interest at the rate of 10% per annu..Category: Civil Law | Date: | Hits: 81
....commendation. But if he again recommends the same recommendation after consultation with the aforesaid senior-most Judges of the Appellate Division for appointment, the Government shall be obliged to complete the process of appointment;
(viii) appointment or non-appointment of an Additional Judge......or performing most difficult job of the Republic, administering justice and appoint fresher ones in their place. Besides, they cannot go back to the Bar to resume their profession since they would be barred from practicing in the High Court Division.
152. For reasons aforesaid, we arrive at follo..
Category: Constitutional Law | Date: | Hits: 253
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....ight in law to restrain them from construction. They have also contended that they already spent more than Taka 1 crore in construction of a 9-storied building. Basement and ground floor were already complete. Materials namely, MS rod, sand, cement, wood, etc. of the value of more than 15 lakh were ......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....isions has got any relevance to the point raised. Moreover, under section 20 of the Ordinance, application of the provisions of the Code excepting sections 10 and 11 is excluded and such exclusion is complete. So, the relief, which is not available under the Ordinance, cannot be allowed in a separat......is found illegal and void, there would be no need for opposite party No. 1 to proceed further with her suit before the Family Court. Opposing the submission, Mr. Sasti Sarkar submits that there is no bar for the proceedings to continue independent of each other and he cites the decision in the case ..Category: Family Law | Date: | Hits: 185
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....against which the petitioner company moved this Court and obtained a Rule on 1st July,2001 in Writ Petition No. 2718 of 2001 and the impugned order was stayed and the respondent No. 4 was directed to complete the assessment of the goods. It is further asserted that having failed in their attempt to ......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...Category: Fiscal/Taxation Law | Date: | Hits: 63
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....able property which has been done in the present cases, and a hypothetication of movable property though not accompanied with delivery of possession is valid. As a transfer of movable property is not complete without delivery of possession, such hypothetications have been described as creating an eq......ntract of the principal and not that of agent; prima-facie as common law the person who may be sued is the principal and the only person who can be sued is the principal. Therefore, there is no legal bar that the contracts entered by the agent can be enforced by the principal in the same manner the ..Category: Business or Commercial Law | Date: | Hits: 212
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....er submits that an Opposition can be abandoned only when there is non-compliance with the provision of Rule 33(1) and it the Registrar does not otherwise direct and in the present case there has been complete compliance with the provision of Rule 33(1). Dr. Zahir further submits that the respondent ...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....ng a definite tendency pointing towards guilt of the accused person and, though, each of the circumstances by itself may not be conclusive but the cumulative effect of proved circumstances must be so complete that it would exclude every other hypothesis and unequivocally point to the guilt of the ac......t out of house making a false disclosure that he was going to Dhaka. Accused Mir Hossain alias Mira on 11‑1‑1999 at about 7‑00/7‑30 PM approached the house where Rokeya Begurn stayed and laid bare that Shah Alam did not go to Dhaka and he was with second wife Khodeja and to ascertain the fac..Category: Criminal Law | Date: | Hits: 31
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....ontemner-opposite party No. 1 over telephone regarding holding of the AGM and again by his letter dated 22‑7‑2003 requested the contemner-opposite party No. 1 not to waste any further time and to complete all formalities for holding of AGM of the Bank. This letter is annexed as Annexure‑'X‑2......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....e occurrence took place over quarrel in between Solema Khatun, the sister of informant, and her husband and debors. He denied the defence suggestion that the deceased returned back to his house after complete recovery prior to his death. 14. PW 10, a police officer, claimed to have prepared inque......on this behalf has not been brought on record by not examining the concerned doctor. Added with this, lie further claimed that non-examination of independent/disinterested witnesses should not be the barrier for getting justice in a case of murder where the near and dear ones who rushed to the place..Category: Criminal Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....istence of the beneficiary, and the buyer, seller and the negotiating bank all colluded with each other to defraud the bank. He submits that when the entire payment under the letter of credit was not complete, the bank was still entitled to withhold payment. Submission may be ingenious but is of no ......ind any office of Modern Textiles there. 24. Mr. Ajmalul submitted that as the impugned order was not appealable to this Division, revision under section 115 of the Code of Civil Procedure was not barred. 25. In support he cited the authorities in S Zafar vs. Abdul Khalique, PLD 1964 Karachi 1..Category: Civil Law | Date: | Hits: 100
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