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ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)

....als Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule is made absolute. Cases Referred to- Md. Nurul Islam and others Vs. Government of Bangladesh, 1977 BSCR 32; Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42. Lawyers Inv...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335.   ......evisional Jurisdiction)   Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i..

Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1

Unicol Bangladesh Blocks Thirteen and Fourteen (formerly named Occidental of Bangladesh) and another V. Maxwell Engineering Works Ltd and another, 2004, 33 CLC (AD)

....missed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......ot find any reason to interfere with the judgment and order of the High Court Division.  Accordingly, the petition is dismissed.  Ed. This Case is also Reported in:56 DLR (AD) 166. ......s Case is also Reported in:56 DLR (AD) 166. ..

Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

.... Cases Referred to- Mustafa Aziz vs. Principal, Momenshahi Cadet College, Mirzapur 29 DLR 104, Rajshahi Girls' High School and others vs. Md. Abdul Mannan 48 DLR 472 and Abdul Hannan Sikdar vs. Bangladesh Bank 31 DLR (AD) 298. Lawyers Involved: SM Munir, Advocate, instructed by Md Nowab......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & or..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)

....ing the awarded amount in the form of bank guarantee and the matter got its finality on 30‑6‑1999 when the leave petition was dismissed by the Appellate Division of the Supreme Court of Bangladesh and during the period the awarded money was secured and covered by deposit of the Bank ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ......; .......Appellant                        Vs. Associated Engineering and Drillers ...............Respondent Judgment August 20, 2003. The Code of..

Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291

Amir Ali (Md.) Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another, 2003, 32 CLC (HCD)

....s and others Vs. Subordinate Judge, Artha Rin Adalat and others, 55 DLR (AD) 13; Hazera Begum Vs. Artha Rin Adalat, 54 DLR 78; Sultana Jute Mills Limited Vs. Agrani Bank, 46 DLR (AD) 174; Islami Bank Bangladesh Vs. Md. Shajuddin, 52 DLR (AD) 76. Lawyers Involved: Md. Idrisur Rahman-For the......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ......y to issue necessary order for auction sale and/or civil warrant of arrest etc after compliance of the provisions of law. Ed. This Case is also Reported in: 57 DLR (2005) 245.   ...... Present: Md. Tofazzul Islam J AFM Abdur Rahman J Amir Ali (Md.).........……………………Petitioner Vs. Joint District Judge and Artha Rin Adalat Fourth Court, Dhaka and another………………..

Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....lease of the property from the office of the Deputy Commissioner, Noakhali the plaintiffs, were constrained to file the suit. 3. The suit was contested by the defendant No. 1 Government of Bangladesh, Defendant No. 5, Defendant No. 6 and Defendant Nos. 7‑12. 4. The case of the......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Hussein J Abu Sayeed Ahammed J Shishir Kanti Pal and others…………………… Petitioners Vs. Nur Muhammad and others …â€..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Molla Habibur Rahman Vs. Board of Intermediate and Secondary Education, Jessore and others, 1998, 27 CLC (HCD)

....nd Secondary Education, Jessore and others…………Respondents Judgment August 19, 1998. Cases Referred To- Faizur Rahman (Md) and others Vs. Government of Bangladesh represented by the Secretary Ministry of Education and others 2 BLC 619 (10, 14) Law...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ...... authority and to be of no legal effect. The order of stay granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 115. ......fuzur Rahman J MA Aziz J Molla Habibur Rahman.………………………………Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others…………Respondents Judgment..

Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100

Social Marketing Company Vs. Universal Pharmaceuticals Ltd. and another, 1998, 27 CLC (HCD)

....injunction prayed by the petitioner was affirmed by this Division. Against the said decision, the defendants opposite parties preferred an appeal before the Appellate Division of the Supreme Court of Bangladesh in Civil Petition for leave to appeal No.438 of 1997. Their Lordships of the Appellate Di......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......y of the parties except on an extreme urgency. With the above observation and direction this application is therefore disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 587. ......urt High Court Division (Civil) Present: Syed JR Mudassir Husain J Social Marketing Company…………………………..Plaintiff Petitioner Vs. Universal Pharmaceuticals Ltd. and another………………………….Opposite Parties Judgment June 4, 1998. Result: ..

Category: Civil Law | Date: 4 Jun, 1998 | Hits: 106

Latifur Rahman (Md.) Vs. Ministry of Law and Parliamentary Affairs, 1996, 25 CLC (HCD)

....e J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another………………..Respondents Judgment July 17, 1996. Result: Th......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......d issued without any lawful authority and is of no legal effect. As a result, the Rule is made absolute without any order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 434. ......on (Special Original Jurisdiction) Present: Mozammel Hoque J Abdul Matin J Latifur Rahman (Md.)……………………………………………..Petitioner Vs. Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh and another…………..

Category: Civil Law | Date: 17 Jul, 1996 | Hits: 32

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

.... ...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ......Jurisdiction) Present: Mahmudul Amin Choudhury J Mahfuzur Rahman J Industrial Development Leasing Company of Bangladesh Ltd.......Plaintiff‑Petitioner Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)

....;D' and that the defendants have accepted the joint allotment. But the fact remains that admittedly defendant No. 7 Dr. ABM Naquiyullah did not sign the solenama and that admittedly he was not in Bangladesh. Therefore, the question of acceptance by defendant No.7 does not arise. It appears from ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu..

Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

.... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment Nov......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82.   ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shambhu Nath Poddar.....................Plaintiff-Appellant Vs. Bangladesh Railway and others....................... ..Defendant-Respondent Judgment November 19, 1990. ..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)

.....98 dated 26.9.83 passed by Mr. Md. Taha Mollah, Munsif, 1st Court, Sadar Chittagong in Other Suit No.91 of 1980 rejecting the defendant's application dated 26.9.1983 praying for addi­tion of Bangladesh Railway and its General Manager as defendants in the suit. 2. The plaintiff opposite...... amendment of the plaint. Having regard to the facts and circums­tances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ...... amendment of the plaint. Having regard to the facts and circums­tances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ....... Sudhir Kumar Chowdhury...........................Opposite-Party Judgment April 10, 1985. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmakar and others Vs. Hari Mohan and others, 36 DLR (AD) 1; 27 DLR 413. Lawyers Involved S. C. Da..

Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... in holding so in the affirmative the court had acted illegally in exercise of its jurisdiction rendering the proceeding coram non Judice. Under Section 371 of the Indian Succession Act as adopted in Bangladesh, the District Judge within whose jurisdiction the "deceased ordinarily resided at th...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......in short are that the opposite party Sayeda Sultana Khan, second wife of late Serajul Islam Khan @ Nasu Khan filed a certificate case being Miscellaneous Case No.48 of 1980 after the death of her husband in the Court of the learned Subordinate Judge, Khulna for the grant of a Succession Certificate ..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....ecial Original Jurisdiction) Present: FHM Habibur Rah­man J Mustafa Kamal J Neerala Tea Estate & others.............................Petitioners Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ......eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

.... Present: Abdul Matin Khan Chowdhury J Shamsur Rahman Khan and others…………………………Petitioners Vs. Government of Bangladesh……………………………&h......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ...... is also Reported in: 3 BLD (HCD) (1983) 284. ..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

.... that no trust was created by the will or that it was void. Mr. Halder pointed out that the amended section of section I of the Trust Act which runs as follows:- "It extends to the whole of Bangladesh. But nothing herein contained affects the rules of Muhammadan Law as to waqf, or the mutu...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ......ip;…..Res­pondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....order a case is to be made out that alternative accommodation is not available, and it is essen­tially required for providing accommodation to the office of the Comptroller and Auditor General of Bangladesh. The order of requisition should contain the description of the government officer o......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ...... Ruhul Islam J Badrul Harder Chowdhury J Mansurul Aziz & Another………………………Appellants Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others……………&hellip..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)

....priate case. The order granting injunction must be a speaking order………… (5) Case Referred to- Kanti Ram Shil Vs. Sumitra Devi, 16. DLR 272; Mosharraf Hossain Vs. Bangladesh Jute, Industries Corporation, 29 DLR (SC) 168. Lawyers Involved: Miah Abdul Gaf......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......taken by them in making an order which calls for no interference. This appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 57   ......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo..

Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1

Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)

....ip;………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as a valid document in Bangladesh If a notarial act is done in foreign country by a foreign notary and there is recipr......rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......rney in the manner indicated above and in accor­dance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86     ......ent for the principal does not require registration except that its authentica­tion under the law is necessary …………… (5) Whether Power of attorney executed and authen­ticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..

Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3