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Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 523. ...... Justice Md. Momtazuddin Ahmed despite the recommendation of the Chief Justice. 13. Non-appointment of said petitioners was published in the daily Bangladesh Observer dated 24-10-02. On 26-10-02 a number of Senior Advocates abstained from attending the Court to register their protest and grievanc..

Category: Constitutional Law | Date: | Hits: 252

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......earned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction i..

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

....reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......s shall be tried in the case so remanded and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, with directions to readmit the suit under its original number in the register of civil suits and proceed to determine the suit; and the evidence (if any) r..

Category: Property Law | Date: | Hits: 37

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......order since it did not receive any summons of the suit. Had it received the summons, it would definitely oppose the prayer by filing a written objection. 8. He challenged the proposed amendment on number of grounds namely, the amendments sought for was barred by limitation. The new relief sought ..

Category: Procedural Law | Date: | Hits: 60

Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......mala fide, without jurisdiction il­legal and void as well as for permanent injunction di­recting the defendants to allow the plaintiffs to con­tinue in service of the Bank. The defendants are 6 in number and defendants 1-4 respectively are Assistant General Manager, Janata Bank, Barisal Zone, Dep..

Category: Employment/Service Law | Date: | Hits: 76

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

....nstitution and Election Tribunal has nothing to do with the present case. 9. Election Tribunal is charged with the function to decide election disputes, the disputes that attract the candidate’s voters and the votes and the manage­ment and conduct of the election has nothing to do it. In this ....... Paul, the learned Advocate argues that Annexure 'A' has been seriously challenged by the re­spondent as a false, fabricated and manufactured docu­ment. Respondent No. 7 having secured the highest number of votes is highly interested with the result of the election and therefore, he is competent ..

Category: Election Law | Date: | Hits: 119

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......filing various appli­cations before different forums and thereby he endeavored to perpetuate in the same office to the dep­rivation of Respondent No. 5's claim to office who has secured the highest number of votes in the said Union Parishad Election. 4. Dr. Kamal Hossain, the learned Counsel ap..

Category: Election Law | Date: | Hits: 104

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

....wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644....... appeal and set aside the judgment and decree dated 11.03.2007 passed in Title Suit No.176 of 2006 by the learned Joint District Judge, 5th Court, Dhaka and restored the suit in its original file and number. 5. As against the judgment of the High Court Division the petitioners have pre­ferred th..

Category: Procedural Law | Date: | Hits: 81

Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)

.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445....... same will not stop prosecution which is as follows: Institution of money suit for recovery of the money will not stop prosecution for an offence committed in the eye of law.” 10. In this case a number of decisions have been considered by their Lordships and held that there is no bar to proceed..

Category: Criminal Law | Date: | Hits: 29

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

.... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430.......ioned that the Bangladesh Atomic Energy Commission has been offering service to the research students and teacher of universities ever since its inception. Services have also been rendered to a large number of organizations free of cost. In the recent year’s price of raw materials, spare parts, ch..

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......nd of justice notice dated 12th July, 2001 and by another supplementary affidavit dated 18-7-2001 the petitioner have annexed a letter from the Mercantile Bank Ltd. to show that the House Airway Bill number differs from the master Airway Bill number and the discrepancy mentioned in Annexure ‘P’ ..

Category: Fiscal/Taxation Law | Date: | Hits: 63

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......rs passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 1988 subsequently renumbered as Title Suit No. 174 of 1992 for declaration of his title in the suit land. 3. The defe..

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413....... Constitution. 6. Mr. Tariqul Hakim, Deputy Attorney-General, appeared on behalf of the respondent No.3 and on whose behalf an affidavit-in-opposition was also filed. He has submitted that a large number of people were against the preaching of petitioner No. 2. Those people formed some committees..

Category: Property Law | Date: | Hits: 25

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......wed the appeal setting aside the order dated 9-12-82 passed by the Subordinate Judge and thereby allowed the application under Order IX rule 13, CPC and the suit was restored to its original file and number. It was ordered by the High Court Division that the defendants shall pay to the plaintiffs as..

Category: Procedural Law | Date: | Hits: 62

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......Act, 1940 and the suit is also not maintainable under section 20(2) of the aforesaid Act. Further, the defendant has applied to the Trade Mark Registry for registration of their Trade Mark Ghadi, the number of the application is 60790 dated 18-7-99, and the plaintiff may oppose the same under sectio..

Category: Intellectual Property Law | Date: | Hits: 200

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......services and imposing and realising royalty and licence fees from its subscribers including the petitioner under a contract. The present writ petition is therefore not maintainable. Dr. Kamal cited a number of cases in support of his contention: Shahabuddin (Md) Vs. Bangladesh and others 45 DLR 360;..

Category: Information Technology Law | Date: | Hits: 217

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......i is situated at a little distance to the west of the place of occurrence and two families live there. The house of Mansur Ali is also situated 4/5 kanies away from the place of occurrence and a good number of persons live there. The house of Ashraf Moulvi also lies to the east of the place of occur..

Category: Criminal Law | Date: | Hits: 39

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91....... Corporation (CIFC), a company incorporated under the laws of the United States, came in as venture capitalist. A group of foreign investors, namely, Waterford Partners, also joined ETV. There were a number of local directors including Mr. Nasir A Chowdhury who took over the charge of ETV Ltd. as it..

Category: Information Technology Law | Date: | Hits: 230

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... order for supply of ready‑made garments for an amount of US$ 1,00,000 vide a letter of credit dated 6‑2‑2001. After said letter of credit was transferred to the plaintiff, the plaintiff opened number of back to back letters of credit for different amounts in favour of defendant No. 1, Modern ..

Category: Civil Law | Date: | Hits: 100

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......ting dacoity. ‘Dacoity’ has been defined in section 391 of the Penal Code which reads as follows: When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly are committing or attempting to commit a robbery, and persons present a..

Category: Criminal Law | Date: | Hits: 97