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STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......w and the rec­ommendations made by different authorities, but it is the parliament which is to enact the law and the parliament enjoys ample power either to accept any recommendation of Model Law in full or in part. On perusal of section 3 of the Act of 2001, there is no doubt about the language of......the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best declares the intention of the legislatur..

Category: Alternative Dispute Resolution | Date: | Hits: 506

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......he replied that in the month of October, 1987 he went to the godown of the plaintiff and came to learn about the tender. He deposed that the Bank allowed only 3 days time for releasing the goods with full payment. He finally denied the suggestion that the Garlic pledged in the godown are rotten or s......overy of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adalat Act, 1990 (Act IV of 1990). This Act was enacted on 20th January, 1990. Section 9 of the Act envisaged that the suits which were pending on that date shall be tried by the Courts in which those were..

Category: Civil Law | Date: | Hits: 106

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

.... Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the par­ties in the 'Kabinnama' are essential for proving marriage.......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......m………………………Petitioner Vs. Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the par­ties ..

Category: Family Law | Date: | Hits: 140

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... as such, either in confirming their sentences or in the alternative, the depositions of the witnesses and other materials on record should be look into very contiously, consciously, minutely and carefully. 19. Let us see whether the prosecution could prove the case against the convicted-accuseds......LR (FC) 64; Alkas Mia and others Vs. The State, 25 DLR 398; Abdul Aziz Vs. Sekander Ali and others, 50 DLR 111; Nowabul Alam and othersVs.The State, 15 BLD (AD) 54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil..

Category: Criminal Law | Date: | Hits: 89

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... credibility of prosecution witnesses……...........………(60) The fundamental principle underly­ing in section 342 of the Code of Criminal Procedure is that the accused should be afforded a full and fair opportunity for understanding the evidence and circum­stances against him. The need o...... with fundamen­tal principles of criminal justice. It is emi­nent that it is the duty of the court to ques­tion accused properly and fairly for bring­ing home to his mind in clear and simple language the exact case he has to meet and for affording him a chance to explain them if he can and so de..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ...... SGS (Bangladesh) Ltd. in presence of cus­toms officers, terminal representatives and representatives of Defendants as well as the plaintiff. On survey in the ship it was found that there was a shortage of 5.754 metric tons only and Tallow was then pumped into the tanks of International Tank Termin..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....ounds for believing that he has been guilty of an offence punishable with death or transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail". 7. From the a......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......f there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or transportation for life: Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be release..

Category: Criminal Law | Date: | Hits: 87

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......stands. It has been submitted on behalf of the petitioners that they have actually challenged the process in which the impugned approval was given and that unless an agreement comes into existence lawfully, that cannot be challenged. Till date there is no existence of any agreement and, according to......ndi need be determined to ascertain the legal capacity to proceed with the litigation having regard to the reliefs seeking. A citizen seeking interference of Court in such matter should not be discouraged on the ground of insignificant interest of such citizen in the subject matter. When the abuse o..

Category: Others | Date: | Hits: 113

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......victing the appellants. The appellants were caught red handed at the time of committing dacoity and as such the conviction is not liable to be interfered with by this Hon'ble Court. 7. We have carefully perused the deposition of the witnesses and other materials on record. P.W.1 is the informant ......Abdul Malek, a cloth trader. Police caught hold 3(three) person including the appellants red handed and on interrogation, the apprehended accused stated that there were 15/16 dacoits with them who managed to escape. Accordingly, First Information Report was lodged which gave rise to Dhamrai Police S..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ...... Specific Relief Act……………………….(12) The ground of maintainability of suit needs to be agitated at the earliest possible opportunity, which cannot be done in a belated revisional stage……………………….(13) Cases Referred to- 30 DLR 219; 40 DLR (AD) 45; 50 DLR (HC..

Category: Employment/Service Law | Date: | Hits: 166

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......uld be rejected and the convicts should be acquitted from the case. 13. Now, in order to appreciate the arguments of the respective parties as submitted before us let the evidence on record be carefully scrutinized and critically analysed for determination whether the prosecution could prove beyo......into the boat of the informant. The dacoits also made more gun­shots causing bullet injuries to Saiful Islam Chowdhury and Nurul Bashar Bachhu, the accom­panying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the inf..

Category: Criminal Law | Date: | Hits: 158

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......ispute or ill feeling being the cause for the occurrence as stated in first information report was not proved by any evidence at the trial. If above plea goes no reason or ground will be left for the full brother namely, Daud Ali, to kill Jamiruddin with another accused. He of course admits the lega......ted with stitched wound great hoemata present. Blood present on the peritoneal cavity. 43. Death, according to P.W.8, was due to effect of injuries caused by sharp cutting weapon, internal haemorrhage and shock which was ante-mortem and homicidal in nature. 44. Argument was offered from the si..

Category: Criminal Law | Date: | Hits: 93

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......rtificate of Clean Report of findings in the foreign territory from where the goods are imported into Bangladesh. As soon as the certificate after inspection is issued their primary and prime duty is fully performed. Though the PSI Agencies have their representatives within the territory of Banglade......status raise identical question of law being based on similar facts and are being disposed of by this judgment. 2. The petitioners are internationally, reputed Pre-shipment Inspection, Agencies engaged in the business of pre-shipment inspection of goods exported from different countries and they ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ...... one daughter and Galimuddin died leaving two daughters Sakhina and Sakeron and one of the daughters died leaving behind one son plaintiff No.3, and on the death of Amena, her share devolved upon her full sister, thereafter Sakhina died leaving her daughter, plaintiff No.2 and thereafter Ziaullah di......title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every profligate defendant to render the Court a mere ministerial agent only to carry into effect the wishes of the parties in case where there were no matter of cont..

Category: Procedural Law | Date: | Hits: 115

Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......declaration over the ownership and possession, where the question of validity of the cheques is involved. So, according to the contention of the learned Advocate, unless the suit is disposed of after full adjudication, the present criminal proceeding under section 138 of the Negotiable Instruments A......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....er to submit to sexual intercourse যৌন সংগম করিতে বাধ্য করার উদ্দেশ্যে. In section 9 of the Ain, the words কোন নারীকে any woman have been used without mentioning minor or major. So, the words কোন নারীকে m...... by coaxing or cajoling or flattering or seducing or enticing her for the purpose of compelling her to submit to sexual intercourse. 33. Rather, it appears from the evidence that Raihan Mollah tactfully compelled the victim to stay in the hotel with him for immoral purpose for which when some unk......r country, there is a tendency on the part of the people to rope in as many people as possible for facing trial in respect of any criminal case. It has been even found that innocent persons including aged, infirm, rivals are booked for standing on dock. Some are acquitted by the Court of first insta..

Category: Criminal Law | Date: | Hits: 74

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......statutory public authority from contesting the election of Member of Parliament and Explanation I to the said Article 12 of PO 155 of 1972 has provided that to be an "office of profit" he is to be in full time service. In this regard on drawing attention to section 46 of the Ordinance No. 16 of 2008......si Vs. Vishwanath, reported in AIR 1970 SC 488. In construing the remedial statute the Courts have only to see that the particular case is within the mischief to be remedied and falls within the language of the enactment; Sayad Mir Ujmuddin Khan Vs. Ziaulnisa Begum, (1879) ILR 3 Bombay 422 PP. 430, ..

Category: Constitutional Law | Date: | Hits: 466

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......r order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner, in short, is that the petitioner is a citizen of Bangladesh and has his permanent residence at Village Kaiyerbill, PO Kutubdia, PS Kutubdia, District Cox’s Bazar. He graduated from the University o..

Category: Constitutional Law | Date: | Hits: 386

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......ng the defendant Nos.1-4 to demolish or remove sewerage line and box and the defen­dant Nos.5-6 removing the semi-pacca room and the wall constructed in the suit land. (d) Award for of the sit-in full in favour of the plaintiff and against the plaintiff defendants; And (e) Granted any other o......for dec­laration:- "(a) Pass a decree declaring that the attempts made by the principal defendant Nos.1-4, at the investigation of the principal defen­dant Nos. 5 and 6 for construction of sewerage line and box in the suit land without acquisition and requisition is illegal, mala fide, arbitra..

Category: Procedural Law | Date: | Hits: 137

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......ection 5 (a) of the Ordinance if it relates to Muslims only. The rights and liabilities that have been given to the citizens professing Islam under Muslim Family Laws Ordinance, it appears, have been fully protected under section 5 of the Family Courts Ordinance when the words “subject to the prov......dge in Title Suit No.1 of 1989 should not be set aside. 2. The short fact leading to this Rule is, that the opposite party was married to the petitioner according to Hindu Law. At the time of marriage the father of the opposite party gave Jautuk to the present petitioner and a son and a daughter ..

Category: Family Law | Date: | Hits: 209