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Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
.... negotiating Bank on demand. 40. A letter of credit has an autonomy of its own and it need be negotiated or paid without reference to the very contract out of which the credit arose. The L.C. is independent and never qualified by the contract of sale or by any underlying transaction or disput......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....any imported goods shall be taken to be the normal price, that is to say, the price which they would fetch, on the date referred to in section 30 on a sale in open market between a buyer and a seller independent of each other." 7. Sub‑section (1) of section 25 indicates the normal price which a......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
....e as the words ‘arbitration agreement’, as used in that section, must have the same meaning as in the several other sections, which employ the said term, and so section 34 cannot be separately or independently construed, and, as the said other sections and the term ‘arbitration agreement’ as......self) and the arbitration also would presumably be by American citizens as arbitrators (vide the Rules) (including ‘Foreward’) of the American Arbitration Association and the actual selection and appointment of arbitrators in the present case). Prima facie then, the parties must have accepted th..
Category: Civil Law | Date: | Hits: 101
Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)
....the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......he Writ Petition, should not be declared to have been made without in lawful authority and of no legal effect. 2. The petitioner was appointed as an unskilled labour by the respondent Company vide appointment letter dated 29‑6‑1997, evidenced by Annexure-B to the writ petition, and while the ..Category: Labour and Industrial Law | Date: | Hits: 71
Jahiruddin Ahmed Vs. Yasinuddin and others, 1998, 27 CLC (HCD)
....its that as the final Court of fact the learned Additional District Magistrate was under an obligation to discuss and consider the said case on record, both the oral and documentary, and to arrive at independent conclusion in all material points at issue but the learned Additional District Magistrat...... after giving opportunities to the contending parties to represent their respective cases. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 97...Category: Criminal Law | Date: | Hits: 30
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....t, such deeds cannot be accepted in law as executed as part performance of the contract. In the circumstances, only possible conclusion could be arrived at that the parties made transactions, if any, independent of the contract on the basis of agreement, deed to deed. Therefore, both the parties mus......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......hat the bill (Exhibit F) itself is an evidence of payment. 45. Rather, the stipulated endorsement on the back of the LC although not conclusive on its own, would have gone a long way to prove such appointment. The Letter of Credit (Exhibit 1 and Exhibit D, D-1) embodies a number of terms and cond..Category: Business or Commercial Law | Date: | Hits: 202
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....Criminal Procedure. Under sections 423(1)(a) of the Code, the Revisional Court is competent to set aside a judgment and order of acquittal of the trial Court and remand the case for re-trial on his independent assessment of evidence on record. The learned Additional Sessions Judge, in the instant ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Didarul Kabir (Md) Vs. Commissioner of Customs and others, 2001, 30 CLC (HCD)
....oating structures for breaking up". After beaching, a ship upon declaration as a scrap vessel starts dismantling some of its movable apparatus, engines, etc., which subsequently appear disintegrated, independent and fit for disposal without being scrapped and for which an inventory showing all the g......ischarged however without any order as to cost. The respondents are at liberty to realise the balance dues by encashing the Bank Guarantee. Ed. This Case is also Reported in: 55 DLR (2003) 11...Category: Fiscal/Taxation Law | Date: | Hits: 77
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....ess to support the allegation. It is abnormal and also unnatural. Evidence of P.W. 1 is the sole and only evidence on the point. There has not been any corroboration on above demand of dowry from any independent witness. It is unsafe to rely on the sole evidence of P.W. 1 complainant to record order......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81....... dated 8-6-97 issued by the respondent No.2 on behalf of the Ministry of Law, Justice and Parliamentary Affairs. A copy of the Judgment and order dated 8-5-95 passed by the Appellate Division and the appointment letter are annexed to the writ petition and marked as Annexure ‘A’ & ‘A (1)’..
Category: Employment/Service Law | Date: | Hits: 108
Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)
....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......ning Body appointed vide memo No. 254(Ka)/Dhaka 72795 dated 15.07.2009 (Annexure-B to the Writ Petition) by the memo No. 254(Ka)/ Dhaka/3482 dated 29.07.2007 (Annexure-C to the Writ Petition) and the appointment of new ad hoc governing body vide memo No. 265/Ka/অন্ন/09/500 dated 25.08.2009 (..Category: Civil Law | Date: | Hits: 81
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....een taken by the Government for the welfare and benefit of the freedom fighters and the children of freedom fighters/shahid freedom fighters. 21. In a democratic society it is essential to have an independent public service commission free from the control of the Government. Part IX of Chapter II...... course of his submission Mr. Mahmud further argues that since the PSC is a constitutional body with the responsibility to conduct tests and examinations for the selection of suitable persons for appointment in the service of the Republic they must act fairly. He submits that the respondent No. ..Category: Employment/Service Law | Date: | Hits: 134
Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....g of the trial Court on the point of exclusive possession and control of the said arms and ammunition by the appellant was legal which cannot be interfered by this Court. Moreover, as he submits, the independent seizure list witnesses, though declared hostile, eventually proved the prosecution case ......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....iven in Other Appeal No. 25 of 1995 which was decided only on some preliminary points but both the Courts below did not enter into the merit of the suit; that neither of the Courts below has given an independent findings and observations, while passing the impugned judgment and decree but reiterated...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....or legal guardians,and to have or legal or other appropriate assistance in the preparation and presentation of his or her defence; (iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body body in a fair hearing according to law, in the......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......two members to advise the Chairman, one to represent the employers and the other to represent the workmen appointed in the manner hereinafter provided. (3) A person shall not be qualified for appointment as Chairman unless he has been or is, or is qualified to be a Judge, or Additional Judge..Category: Labour and Industrial Law | Date: | Hits: 108
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....relying on the decisions reported in 16 DLR 598, 1988 BLD 210, 1986 BLD 436, repeatedly urged before us that unless the retracted confessional statement is corroborated in the material particulars by independent evidence on record it cannot be the sole basis for conviction. 39. We have carefu......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ce cannot but be taken with a grain of salt. 26. It has been held in the case of Jahur Vs. Crown reported in 6 DLR 246 by a Division Bench of the High Court of the then East Pakistan that "without independent evidence of corroboration it is not possible to accept the extra-judicial confessions as...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....ness between the petitioner and the opposite party is concerned it has been again found by the lower appellate court on consideration of evidence on record that the transaction in question was an independent one different from the previous transaction between the complainant and the petition......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
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