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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....s before it that a charge of rape would be proper. Accordingly, the trial Court framed the charge and came to the finding, on the basis of the evidence, that rape was really committed. We are in full agreement with the finding of the trial Court on the issue of rape. 93. We further hold that cond......………………………………………………..Petitioner Vs. Shahidul Islam alias Shahid 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...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Eskayef Bangladesh Ltd. Vs. Commissioner of Taxes, 2004, 33 CLC (HCD)
....and without giving an opportunity to the appellant for rebuttal? (iv) Whether the Tribunal was right in not giving direction that the allowances and benefit paid to the employees in cash or as per agreement does not attract the provisions of section 30(e) of the Income Tax Ordinance, 1984?" T...... Zinat Ara J Eskayef Bangladesh Ltd………………………..Petitioner Vs. Commissioner of Taxes…………………………Respondent. Judgment April 27, 2004. Cases Referred to- Titas Gas Transmissions and Distribution Co. Ltd Vs. Commissioner of Taxes, 2000 BTD 27; Sag......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....rformance guarantee was an autonomous contract not to be interfered with on grounds extraneous to the guarantee itself, where question of fraud was raised between the parties to the main transaction (agreement to purchase the seller's business) before any question of any enforcement of the guarantee......king Corporation, 31 NYS 2nd 631 (1941); Edward Owen Engineering Ltd Vs. Barclays Bank International Ltd. [1978] 1 Lloyd's Rep 166 = [1978] 1 All ER 976; Limited Trading Corporation SA and Murvay Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Co......, is that Gemini opened said irrevocable LC for US $ 194,337.29 C & F at Chittagong for import of fabrics and accessories favouring second defendant, Daily Enterprise Co: Ltd, Seoul, South Korea (seller) through the issuing bank, PBL which transmitted the letter of credit via their correspondent..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)
....to another post not lower than one he was holding before his officiating appointment he could have no grievance and that such officer is not entitled to show cause notice. We are in respectful agreement with the decision. 12. The learned Advocate appearing for the writ petitioner, in r......r Respondent Nos. 2‑4. Writ Petition No. 6403 of 2003. Judgment Shah Abu Nayeem Mominur Rahman J.- While considering the application for vacating the order of stay, it appeared to us that instead of disposing of the application for vacating the order of stay the Rule need be d...... 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. ..Category: Employment/Service Law | Date: | Hits: 66
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....er portion of the writ petition, yet the spirit, substance and necessary intent of the writ petition is to be gathered from reading the writ petition as a whole. 24. We are very much in respectful agreement with the aforesaid decision reported in 49 DLR 1. In the present case having gone through ......Huang Chia Hsiang………………………………………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapas......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
....o notice was given at all.
27. The Building Construction Act, 1952 provides as follows:
Section 3(1) "Notwithstanding anything contained in any other law for the time being in force, or in any agreement, no person shall, without the previous sanction of an Authorised Officer, construct or rec......d another……………..Petitioners
Vs.
Bangladesh, represented by the Secretary, Ministry of Works and others.................... Respondents.
Judgment
June 21, 2004.
Cases Referred to-
Messrs Kasturi Lal Lakshmi Reddy, etc. Vs. State of Jammu & Kashmir and another, AIR 198...... 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...
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....raj Singh Vs. State of Madhya Pradeshreported in 1975 CrlLJ 1458 and also in many other decisions of the sub-continent. 42. Having regards to the facts and circumstances of the case we are of full agreement with the principles laid down in the case reported in PLD 1953 Lahore 213, 5 DLR (FC) 64, ......, 2005. Result: The appeal is allowed. Fundamental principle of criminal jurisdiction It is also the fundamental principle of criminal jurisdiction that it is always for the prosecution to prove the charge against the accused beyond reasonable doubt and this onus on the prosecution nev......d from the bail bond. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 58 DLR (2006) 433; 13 MLR (HCD) (2008) 375. ..Category: Criminal Law | Date: | Hits: 70
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....94 BLD 229 = 46 DLR 273, Moyjuddin Mondol Vs. Bena Rani Das and others reported in 45 DLR 154 and MA Jahangir and others Vs. Abdul Malek and others reported in 41 DLR 389. 23. We are in respectful agreement with the principles enunciated in the cases reported in The Lawyers Vol. I (AD) 136 and 31......nu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman, 31 DLR (AD) 133; Nur......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....wing payment of income tax have been annexed. 12. On behalf of respondent No. 2 also an application has been filed for considering the papers filed with the additional paper book; the papers being agreement entered into between Crocodile International (Pvt.) Ltd. and Milton Traders in Bangladesh ...... 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......ies of the world including Bangladesh. The applicant in support of his case filed some evidence, namely, the photostat copies of affidavits filed by 8 (eight) businessmen to the effect that they were selling the 'genzi' and 'jangia' of Sabuj Hosiery with the trade mark 'Crocodile' since, 1990, copie..Category: Intellectual Property Law | Date: | Hits: 189
.... this test and, as such, in our opinion, we hold that the petitioner never consented to being transferred from his place of employment. What is prohibited by law, cannot be circumvented by a previous agreement
20. Mr. Khandaker has argued that the impugned orders of termination and transfer are t......……………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases Referred to-
Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BL...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343...
Category: Employment/Service Law | Date: | Hits: 75
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....er filed the suit for permanent injunction against the defendant-opposite party applicant stating, inter alia, that he was a monthly tenant under him in respect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petition......……………………………….Petitioner Vs. Md. Moniruzzaman …………………………………………………..Opposite Party. Judgment July 19, 2005. Cases Referred to- S. Azizul Hassan and another Vs. Malik Ghulam Muhammad, 1971 SCMR 123; Shankar Rao and other......o granted earlier by this court is also vacated. Send down the lower court records at once if already received by the office of this Court. Ed. This Case is also Reported in: 58 DLR (2006) 298. ..Category: Procedural Law | Date: | Hits: 90
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....he suit land belonged to Md. Ibrahim and RS khatian was prepared in his name who died leaving 3(three) sons and 3(three) daughters and a widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again their properties were partitioned by Arbitratio......dagar…………………………………….Petitioner Vs. Md. Syed Saifuddin Jaheed and others…………………………Opposite Parties. Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers In...... Hoque got the 'ka' schedule land. 4. The further case of the plaintiff is that Nurul Hoque by receiving an amount of Taka 700 entered into an agreement for sale with the plaintiff on 27-2-1957 to sell 5 ganda 1 kara or 10.5 sataks land described in schedule ‘Kha' fixing total consideration mon..Category: Property Law | Date: | Hits: 115
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
.... such court fails to comply with any order or direction of this Court made in any case then such officer is not only guilty of contempt of this Court but also of insubordination. We are in respectful agreement with the aforesaid decision reported in 51 DLR 515 and are of the view that in the present......…………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005. Cases Referred to- State Vs. Farooq Ahmed, Subordinate Judge, 51 DLR 515 at page 516; Shamsur Rahman Vs. Tahera......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......……………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs Speed Bird Navigation Co. and another Vs. Bangladesh and others, 27 DLR 170; Fazle (M......remaining 4140 metric tons of rice, which is lying in the godown of the bank, had become unsuitable for human consumption by' lapse of time and that the petitioner and respondent No. 2 have agreed to sell out the same as livestock food through public auction. A Division Bench of this Court, by order..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....য়াছেন মর্মে কোন আলামত পাওয়া যায়না”। Section 14(2) of the Arbitration Act provides that after an award is made any party to the arbitration agreement of any person claiming under such party may request the arbitrator or the Umpire to cause ......td………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- Overseas Cotton Co. Vs. S.M. Fazail and Co. PLD 1958 (WP) Karachi 27; Mohammad Shafi Vs. Mohammad Sabir, PLD 196......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....ed on two decisions of this Court of which the one reported in 13 DLR 871 which was a suit for specific performance of contract and the plaintiff in his initial plaint pleaded that he entered into an agreement with the defendant for sale of the suit land upon payment of consideration directly to the......nd others.…………………………………..Petitioner Vs. Abdul Kabir and others………………………………….Opposite Parties. Judgment June 29, 2003. Cases Referred to- 13 DLR 871; 1985 BLD 61; 1985 BLD 61. Lawyers Involved: Md. Omar Ali Khan, Advocate—...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....the contract is called a sale, but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called an agreement to sell; and an agreement to sell becomes a sale when the time elapses or the conditions a......……….Petitioner Vs. Md. Asob Ali……………………………………………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant At......n Title Suit No. 53 of 2004 dismissing the suit. 2. The opposite party as plaintiff instituted the instant title suit for a decree of permanent injunction restraining the defendant-petitioner from selling in auction the suit materials to anyone else as attempted by the defendant-petitioner by ann..Category: Business or Commercial Law | Date: | Hits: 209
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....y of the nationalisation of the Government. But subsequently pursuant to the government denationalization policy the petitioner company was denationalised and restored to its earlier management by an agreement dated 30-11-1982 made between the government of Bangladesh, Bangladesh Jute Mills Corporat......s…………………….......Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Finance and others……… Respondents. Judgment January 26, 2006. Cases Referred to- State of MP Vs. GC, Mandawar AIR 1954 SC 493; SA Sabur Vs. Returning Officer 41 DLR (AD) 41.......ged in the business as spinners, weavers, manufacturers, balers, jute pressers and also deals in jute cuttings, jute rejections, hemp, cotton, flax and any other fibrous materials and also as buyers, sellers, exporters, importers and dealers in jute and other fibrous materials. The petitioner No.2 i..Category: Civil Law | Date: | Hits: 125
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....es the following facts: 3. The plaintiff carries on business as a carrier of goods in containers and also acts as a feeder operator. During the course of its business the plaintiff entered into an agreement with the defendant No. 5, Sea Consortium Pvt. Ltd on 24-2- 2004 ("the Agreement"). Under t......of God A loss occasioned by an Act of God is a loss arising from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as to prevent its effect. An "Act of God" was always a common law exception. It was a metaphorical phra...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ntiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall at Taka 31,15,000 and on 26-10-79 an authoriz......the DC, Comilla………………Appellant Vs. Md. Eakub and others.................................................................Respondents. Judgment March 25, 2004. Cases Referred to- Howell Vs. Falmouth Boat Construction Ltd, [1951] 2 All England Reports 278; Delhi Cloth and ...... hall, the Ministry of Industries took over possession of the suit shops as well. The Ministry of Industries, therefore, did not commit any mistake in entering into an agreement with the plaintiff to sell the suit property and the learned Subordinate Judge did not commit any mistake in granting a de..Category: Property Law | Date: | Hits: 159
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