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Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)

.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......r is a citizen of Bangladesh and businessman by profession. He is a renowned businessman of Bangladesh having the business of export import. He imports rice, wheat, onion, dal and other articles from India. He is an Income tax payee. He paid 4,04,50,250 (four crore four lakh fifty thousand two hundr..

Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......viting tender. They might or might not keep the said disqualification clause in the fresh tender notice. Therefore, we should not refuse audience to the petitioners on mere hypothesis. 14. In an Indian milestone case [Ramana Dayaram Shetty Vs. International Airport Autho­rity, AIR 1979 (SC)..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Lal, AIR 1992 SC 604; Pepsi Food Limited Vs. Special Judicial Magistrate AIR 1998 SC 128; WBV Swapan Kumar Guha, AIR 1982 SC 949; State of Bihar Vs. JAC Saldanha (1980) 1SCC 554; Privy Council in Emperor Vs. Khawaja Nazir Ahmed, AIR 1945 PC 18; Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117;...... of the opinions, let us consider the scope and limitations of powers exercised by the High Court Division under Article 102 and those by the High Court’s under Article 226 of the Constitution of India. Since the appel­lants challenged the initiation of criminal pro­ceedings pending in crimin..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......: The Suit is dismissed. Cases Referred to- Eximpo Trading Ltd. Vs. M.V. Banglar Kakoli, 61 DLR 463 11 DLR 520; Dada Ltd. Vs. R.S.N. Company Ltd., 10 DLR 242; River Steam Navigation Co. Ltd.;India General Navigation; Rly Co. Ltd. Vs. Messers Dada Ltd.; Traders Vs. Bangladesh Textile Mills C..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......resignation is accepted. ...............................(9 & 21) Case Referred to- Jagdish Chandra Vs. Commissioner of Transport, (1982)1 Serv L.J 422(HP); Raj Kumar Vs. Union of India reported in AIR 1969 (SC) 180; Secretary, Ministry of Finance and Others Vs. Md. Abdur Rashid..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....nt instead of brotherly spirit of Islam, so very earnestly preached and upheld by our most honoured, most revered and most beloved Holy Prophet. 103. In this sub-continent, under the auspices of Emperor Aurangazab, all the available Fikhs were compiled in one volume, known as ‘Fatwa-e-Ala......l right in its strict sense. This principle was lucidly explained by the House of Lords in Council of Civil Service Union V. Minister of the Civil Service (1985) AC 374. 22. The Supreme Court of India also accepted this principle in many of its decisions, no elaborate discussion is called for i..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......bsp; M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)

.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......s a tenant therein under the landlord. Subsequently the suit land vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the refugees migrated from India, allotted 4.00 acres of land to the plaintiffs’ predecessors, namely, Farek Uddin and Forman..

Category: Property Law | Date: 31 Mar, 2011 | Hits: 68

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ......ting Act will retain the shape of the adopted pro­vision irrespective of a subsequent amend­ment in the adopted Act concerning the adopted provision. In the case of the Secretary of State for India in Council Vs. The Hindustan Co-operative Insurance Society Ltd, reported in 35 Calcutta Notes..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ation thereof, we do not find any merit in these two leave petitions. Accordingly, these leave petitions are dis­missed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 86. ......n the High Court Division has rightly considered the decision in the case of State of UP Vs. Janki Saran Kailash Chandra reported in AIR 1973 SC 2071 at page 2075, para 7 wherein the Supreme Court of India observed as under: "When a party to an arbitration agree­ment commences any lega..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ...... the pleading of the defendants-petitioners their case could not be proved before the Trial Court. 12. What is the true import of "pleadings" has been discussed by the Supreme Court of India in Kalyan Singh Chouhan Vs. CP Jqshi, AIR 2011 SC 1127 in the following terms: "Plea..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)

....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ...... 226; Md. Aftab Ali Sheikh Vs. Director Land Records, Directorate of Land Records and Survey and others, 11 MLR (HC) (2006) 226; Province of East Pakistan Vs. Kshiti Dhar, 16 DLR (1964) (SC) 457; New India Tea Company Ltd. Vs. Bangladesh and others, 31 DLR (AD) (1979) 303; Shamsunnahar Salam and oth..

Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......is also suggestion to have a registration authority who will record details of the domestic workers within the local government setup. We are reminded that such registration is already in practice in India and Indonesia. It may be profitable to mention that India passed the Domestic workers (Regi..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Kanin (India)(P) Ltd. Vs. Registrar of Trade Marks, Dhaka and another, 2011, 40 CLC (HCD)

....ment be communicated and the record be sent back to the Registrar of Trade Marks, Dhaka immediately. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: 18 BLC (HCD) (2013) 44. ......ported in: 18 BLC (HCD) (2013) 44. ..

Category: Intellectual Property Law | Date: 30 Jan, 2011 | Hits: 183

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....ns to be taken in the light of the directives/guidelines hereinabove. Md. Imman Ali J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290. ...... (2008); Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh 14 BLC 2009 694; Vishaka Vs. State of Rahasthan AIR 1997 SC 3011; Delhi Domestic Working Women’s Forum Vs. Union of India, (1995) 1SCC 14); BNWLA Vs. Bangladesh 14 BLC (2009). Lawyers Involved: Ms. Fahima N..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ......e parliament in addition to its power of direct legislation it has power to amend, repeal, modify or alter any law within its legisla­tive competence. The principles have been recog­nized by the Indian Supreme Court in the Case of Sajjat Sing Vs. State of Rajsthan AIR 1965 SC 845. The validity..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ......January 13, 2011. Cases Referred to- Bangladesh Legal Aid and Services Trust and others Vs. Government of Bangladesh and others; Parents Forum for Meaningful Education and Another Vs. Union of India and another, AIR 2001 (Delhi) 212; F.C. Mullin Vs. Administrator, Union Territory of Delhi and..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)

....find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ......ent in the modern society that recog­nition by family of both the parties or community is not a pre-condition for a valid marriage. While con­sidering this aspect of marriage Supreme Court of India in the case of Mrs. Valsamma Paul Vs. Cochin University, AIR 1996 SC 1011, observed as under: ..

Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......m in present, solvendwn in future. An accruing debt, therefore, is a debt not yet actually payable, but a debt which is represented by an exist­ing obligation." 15. The Supreme Court of India in the case of National Royan Corporation Ltd Vs. Commissioner of Income Tax, AIR 1997 SC 3487..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10