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Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)

....nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... Judgment August 3, 1992. Cases Referred To- LIGH Ariff and others Vs. Bengal Silk Mills Lid. and another, 1949 Cal. 350; Zeauddin and others Vs. Abdur Rafique and others, 1952 Pat. 66; All India Groundnut Syndicate Ltd. 1945 Bom. 07; Amar Chand Vs. Anwari Lall Rakshit, 1949 Cal. 608; Hari..

Category: Alternative Dispute Resolution | Date: | Hits: 174

Bulu and others Vs. State, 1992, 21 CLC (HCD)

....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ...... of the case, consider it unsafe to convict the accused on the basis of the declaration alone without further corroboration. In the case of Khushal Rao Vs. State of Bombay reported in PLD, 1958 (SC) (India) 203 the accused were given die benefit of doubt and were acquitted with the findings: "In ..

Category: Criminal Law | Date: | Hits: 83

Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)

.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... occurred due to movement of file from one department to another department of the Government. The learned Advocate appearing for the opposite parties submits that their Lordships of Supreme Court of India in a decision reported in AIR 1987 Vol. 74 page 1353 observed in the following language: â€..

Category: Procedural Law | Date: | Hits: 87

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......ondud Ahmed, Respondent petitioner Vs. Mr. Anwar Hossain Khan, Advocate and others, Respondents 15 BLD 1995 (AD) 12; EP. Royappa Vs. State of Tamil Nadu, (1974) 2 SCR, 348; Maneka Gandhi Vs. Union of India (1978) 2 SCR 621; Ramana Dayaram Shetty Vs. The International Airport Authority of India (1979..

Category: Employment/Service Law | Date: | Hits: 173

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......Article 102 are almost a verbatim reproduction of Article 98 of the Constitution of Pakistan, 1962 which provided similar reliefs previously available under amended section 223-A of the Government of India Act, 1935 and Article 170 of the Constitution of Pakistan, 1956. Under these provisions Provin..

Category: Constitutional Law | Date: | Hits: 181

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002 SC 1334; BR Enterprise Vs. UP, AIR 1999 SC 1867; Union of India Vs. Pradip Kumari, AIR 1995 SC 2259; Syam Sunder Vs. Ram Kumer, AIR 2001 SC 2472; MKD Rozario ..

Category: Tenancy Law | Date: | Hits: 210

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ......el Hoque J Md. Abdur Rashid J Janata Insurance Co.……………Appellant Vs. Islam Steel Mills……………Respondents Judgment July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm..

Category: Business or Commercial Law | Date: | Hits: 211

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......that right, although the suit was filed earlier. In this connection Mr. PC Guha has referred to the case of Shyamakant Lal Vs. Rambhajan Singh, AIR 1939 Federal Court 74, wherein the Federal Court of India decided a case showing that even during the pendency of an appeal if any legal right comes in ..

Category: Tenancy Law | Date: | Hits: 135

Abdul Baten Vs. State, 2011, 40 CLC (HCD)

....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......nformant reached to the building and saw that a person has been selling phyensidyl there and without delay the informant attacked the said seller and avail to recover 302 bottles of phensidyl made by India and label was placed on the body of the bottle and thereafter the informant avail to recover b..

Category: Criminal Law | Date: | Hits: 56

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ged to Abani Mohan Ray Chowdhury, who was a Zamindar and the suit property was his homestead. Abani Mohan Roy Chowdhury left this country during the Indo-Pak war in 1965 for permanent set­tlement in India and accordingly, the suit property was enlisted as vested property. On the suit property there..

Category: Property Law | Date: | Hits: 80

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....ahid and others …………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. State, 27 DLR (AD) 29, para 13; Pakala Narayan Vs. The King Emperor LR 1939 Indian Appeal LXVlpage 66 and page76; Aftabur Rahman alias Zangi Vs. State, 45 DLR 5......…………..Condemned-Prisoners. Judgment July 10, 2006. Cases Referred to- 27 DLR (AD) 29; Lutfun Nahar Vs. State, 27 DLR (AD) 29, para 13; Pakala Narayan Vs. The King Emperor LR 1939 Indian Appeal LXVlpage 66 and page76; Aftabur Rahman alias Zangi Vs. State, 45 DLR 593 (para 27). ..

Category: Criminal Law | Date: | Hits: 70

Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)

....ly, the questions in both the reference applications are answered in the affirmative and in favour of the Department. No order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 531. ......002 BTD 73; Pfizer Laboratories (Bangladesh) Ltd Vs. Commissioner of Taxes, 2002 BTD 57; Commissioner of Taxes Vs. Mysore Commercial Union Ltd., ITR, 126, 340; Subramanian ITO and another Vs. Seimens India Ltd and another, ITR 156, 11. Lawyers Involved: Altaf Hossain. Advocate—For the Petiti..

Category: Fiscal/Taxation Law | Date: | Hits: 88

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......s. Singh Consukants and Engineers (P) Ltd. [1989] 65 Company Cases 283; Federal Bank Ltd. Vs. VM Jog Engineering Ltd. and others, AIR 2000 SC 3 166: (2000) 1 SCC 663; Svenska Handelsbanken Vs. Messrs Indian Charge and others, (1994) 1 SCC 502; National Thermal Power Corporation Ltd Vs. Flowmore Pvt..

Category: Business or Commercial Law | Date: | Hits: 289

AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)

.... this Court stands vacated. The application for vacating the order of stay is thus disposed of without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 389. ...... by the learned Advocate for the respondent Nos. 2, 3 and 4, reported in PLD 1959 (SC) 107, their Lordships referring to Privy Council decision in the case of RT Rangachari Vs. Secretary of State for India in Council 64 1 A 40 held that: “when an officer is expressly appointed in an offici..

Category: Employment/Service Law | Date: | Hits: 66

Abul Khair and others Vs. State, 2006, 35 CLC (HCD)

....Abdul Majid Vs. State, 1987 BLD 413 = 39 DLR 414; Alfazuddin Vs. State, 45 DLR 352; Abul Kalam Azad Vs. State, 48 DLR (AD) 294; ASM Faruq Vs. State, 22 DLR 539; AIR 1986 (PC) 53; Shid Nath Westhi Vs. Emperor, 33 CWN 454; AIR 1943 (Lahore) 304; AIR 1945 (Bombay) 413. Lawyers Involved: Md. Khurs......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..

Category: Criminal Law | Date: | Hits: 53

Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)

.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......ome within the sphere of’ liberty' are protected by Article 31. We have already observed that Article 31 mandates reasonable laws for interference with liberty. While interpreting Article 21 of the Indian Constitution, the Supreme Court of India held that "Procedure established by law" must mean r..

Category: Environmental Law | Date: | Hits: 551

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......Vs. Commissioner of Income Tax, Madras, ITR (1985) Vol-151, page 270; Alapati Venkataramiah Vs. CIT (1969) 57 ITR 185; Wabbing & Belting Factory Pvt. Ltd. Vs. CIT (1961) 43 ITR, 234, 238; CIT Vs. Indian Aluminum Co. Ltd. (1973) 88 ITR 257, 276. Lawyers Involved: Mahmudul Hoque for Rokonud..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)

.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ......aving burnt down his huts, he lodged criminal case against them. In cross, he said that his father cultivated five and half Bigahs of land. He also said that in 1969, Indobhusan and Subhasini went to India forever. 46. DW 2 Dula Rani, aged 53, deposed that she lived in the house made by her fathe..

Category: Property Law | Date: | Hits: 79

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......afa Kamal and others, 42 DLR (AD) 138; NP Ponnu Swami Vs. Returning Officer, AIR 1952 SC 64; Mohinder Singh Vs. Chief Election Commissioner, AIR 1978 SC 851; Inderjit Barua Vs. Election Commission of India, 1984 SCR 1911; AKM Hasanuzzaman Vs. Election Commission I SCR 493; Election Commissioner of I..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 441.......others, 55 DLR 1; Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 53 DLR (AD) 79; Giasuddin Vs. Dhaka Municipal Corporation, 7997 BLD 577 = 49 DLR 199; MC Mehta Vs. Union of India (2000) 10 SCC 55; MC Mehta (Taj Trapezium Matter) Vs. Union of India (1997) 2 SCC. 353; MC Meh..

Category: Environmental Law | Date: | Hits: 484