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ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....ected to dispose of the application for temporary injunction within a date fixed and the parties might be directed to maintain status quo till then in modification of the order of stay granted at the time of issue of the Rule. 8. In reply, Mr. Huq readily conceded to such submission of Mr. Mahm...... 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. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at one time fell short of cash flow and applied to the respondent bank by a letter dated 23‑2‑95 to san...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....2490 persons to 25 cadre services including 8 persons to BCS (Sectt.) Cadre. After the examination the selected candidates joined their respective services during October to December 1983. In the meantime the Public Service Commission issued another Advertisement No. JE‑23/82/239 dated 22‑12‑8......fer of the appointment of the petitioners. However, a practical problem arose because the length of service was a criterion for becoming eligible for appearing for examination for promotion to senior scale posts, etc. and in order to tide over the situation a notional date of joining was fixed. in c..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....l Code and convicted him thereunder. Following conviction he was sentenced to death. 9. In the case there is no eye‑witness of murder of wife Hasi Begum. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to produce in witness box any ocular ......lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgement and decree passed by the appellate court as because judgment of th......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
....rade mark in his name was illegal. 3. From the impugned order passed by the Registrar as well as from the order sheet of the Registrar of Trade Marks, it appears that although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....the holding was acted upon by paying rent. It may be mentioned payment of rent was sought to be established from the side of the pre-emptees. 18. In the afore state of the matter it was urged at the time of obtaining leave that the contrary finding of the High Court Division as to separation ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....s wherein he was a tenant in favour of the landlord he denied the title of the landlord and continued to possess the premises upon stopping payment of rent. Since the law is well settled for long time that a tenant is stopped from denying title of the landlord and if he intends to deny the title...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... of 3,500 were washed away causing loss of about Taka 3,70,000. 6. After issue of the work order defendants did not supply him any layout within ten months. The plaintiff prayed for extension of time for execution of the work but without any result. By Memo dated 12‑4‑1997 defendant No.2 le......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... the second contract was US$ 29, 67,266 plus Taka 8, 44,76,843. On 22 January 1998 the appellant made an application to BIWTA for an adjustment of the contract price by 10% due to an unusual lapse of time between submission of bids and the signing of contracts. Work on the second contract was comple...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....n 492 of the Code of Criminal Procedure read with the provision in Legal Remembrancer's Manual, the Government is quite competent to terminate the appointment of the Special Public Procedure at any time without assigning any reason and particularly, when Government is not satisfied with the perf......discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....the order of removal so passed is violative of the principle of natural justice. 3. The respondent Nos. 1 and 2 contested the Rule by filing affidavit‑in‑opposition. At the time of hearing of the writ petition the question of maintainability on the ground of locus standi ...... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....ot well founded view or, in other words, is contrary to general principle of non‑quashing of criminal proceeding on the mere ground of delay, except in case of' extraordinary nature. The concept of time, in either respect, is of the essence for competency of a criminal prosecution cannot be said a......on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ence being Death Reference No. 13 of 2000, to the High Court Division for confirmation of the death sentence under section 374 of the Code of Criminal Procedure. The condemned prisoners at the same time filed Criminal Jail Appeal No. 966 of 2000 and Criminal Appeal No. 862 of 2000. 6......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....defendant served a legal notice on the plaintiff denying the execution of the 'bainapatra' and that he also asked the plaintiff to vacate the property possession whereof was handed over to him at the time of execution of the 'bainapatra'. Hence the suit. 3. The defendant No. 1, i.e. predecessor ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....nt March 16, 2004. The Employment of Labour (S.O.) Act, 1965 (VIII of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post canno......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....enged stating, amongst others, that the said order of removal was not passed upon fulfillment of the requirement of section 13(1)(d) of the Ordinance because petitioner was not found guilty at the time of passing the order of removal by a competent Court, that convening of the special meeting fo......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269