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Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ......ivies thereto only. 108. Keeping in mind the sanctity and independence of the letter of credit, the Court never interferes with the normal operation and/or working of the letter of credit. Any dispute between the seller and buyer must be left for them to settle. The banks cannot be dragged in..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......ide and the case is remanded to the appellate Court. The appellate court is directed to decide the appeal on merit after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII AD..

Category: Property Law | Date: | Hits: 65

Shrimp and Fish Processing Plant Ltd and another Vs. Bangladesh Bank, Dhaka and others, 2006, 35 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 517. ...... an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and ..

Category: Business or Commercial Law | Date: | Hits: 251

Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)

.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......petitioner fairly submits that in this Writ Petition we are to decide only whether the age of the petitioner was below 25 years or not at the time of submission of nomination paper. 7. There is no dispute that as per section 7 of the Ordinance, 1983 a person cannot contest in the Union Parishad E..

Category: Election Law | Date: | Hits: 87

Bangladesh Paribesh Andolan and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 2004, 33 CLC (HCD)

.... 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.......task of building for us the citadel of our legislature. He was the mastermind behind the design of our National Assembly Complex, which is our pride of possession as a nation Thus there cannot be any dispute as regards the greatness of the architect or his creation of an architectural masterpiece in..

Category: Environmental Law | Date: | Hits: 484

Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....Appellate Division, we do not like to enter into the merit of the case. Since the contract provided for arbitration of disputes arising out of the contract, the petitioners can still take recourse to resolution of the dispute by arbitration. The arbitrator/arbitrators will consider all aspects of th...... the money earmarked for the project. 7. We have perused the Writ petition, its Annexures, the affidavit-in-opposition and its Annexures. The contract provides for arbitration in the event of any dispute arising under or in connection with the contract and the same shall be referred to the arbit..

Category: Business or Commercial Law | Date: | Hits: 186

Engineer Md. Nurul Islam Chowdhury Vs. GM, Dhaka Rural Electrification Samity 1 and another, 2005, 34 CLC (HCD)

.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 58 DLR (2006) 405.......upon any land in pursuance of sub-section (1) he shall, at the time of entering or as soon thereafter as may be practicable, pay or tender payment for all necessary damages to be done, and in case of dispute as to the sufficiency of the amount so paid or tendered refer the matter to the Deputy Commi..

Category: Others | Date: | Hits: 146

Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)

....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......gravity of the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute hi..

Category: Criminal Law | Date: | Hits: 55

Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)

....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......killed by the appellants on 12-5-1993 at around 5-00 PM on the bank of the Khal at village Debraj under Police Station (shortly PS), Morelganj of District Bagerhat. The killing was the result of a dispute over some money (Taka 19,000) owed by the convict appellants to the victim, and also over a ..

Category: Criminal Law | Date: | Hits: 43

Nil Sen Singh Vs. Radha Mohan Singh and others, 2006, 35 CLC (HCD)

....tle Suit No. 2 of 2003 is set aside. The judgment and decree dated 30-1-2003 of the trial Court is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 329. ......he judgment and decree dated 30-1-2003 passed by the learned Joint District Judge, First Court, Moulvibazar. 19. It is admitted that Babu Ram Singh was the owner of the suit land and there is no dispute between the parties in respect of genealogy as stated in the plaint that Ram Singh died leav..

Category: Property Law | Date: | Hits: 75

Faruque Hasan Vs. Titas Gas Transmission and Distribution Company Ltd. and others, 2005, 34 CLC (HCD)

.... 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.......ected as Collective Bargaining Agent (CBA) in the year 1986 and reelected in the year, 1988 but since then there has been no election for Collective Bargaining Agent (CBA). Thereafter, due to various disputes the petitioner's Trade Union has been performing the functions of the Collective Bargaining..

Category: Employment/Service Law | Date: | Hits: 75

Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)

....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......he letter B and a photograph of a lady. This was emphasized by reference to Indian and Pakistani decisions as well as our own decisions that the trade marks is to be looked at as a whole. There is no dispute in my mind that the trade marks is to be looked at as a whole and if looking at the mark as ..

Category: Intellectual Property Law | Date: | Hits: 386

State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)

....llant appreciated that his act was within the mischief of contempt; (ii) Whether he regretted it; (iii) Whether his regret was sincere; (iv) Whether it was accompanied with expression of the resolution never to repeat again; and (v) Whether he made humble submission to the authority of t......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. ......th law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed question of fact on an application without proceeding under section 27 of the Act, there is..

Category: Civil Law | Date: | Hits: 131

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....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.......aintiff respondent in short are that the plaintiff respondent entered into a written contract with the defendant-appellant for completion of some construction works of the defendant appellant. That a dispute arose between the parties regarding the construction of the said work. It has been stipulate..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....istant Director of Local Government, Deputy Commissioner's Office, Chittagong (respondent No. 3) sent a memo dated 7- 2-2005 to the UNO stating that seven members of Anwara Union Parishad submitted a resolution expressing no confidence in the acting Chairman, Mr. Ali Akbar. In that memo, the UNO was......dingly, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 201...

Category: Election Law | Date: | Hits: 83

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ...... of evidence to his higher authority seeking permission to submit charge-sheet against all the accused persons, that in the memo of evidence the investigating officer observed that Mofizur Rahman had dispute with the deceased over 4 decimals of land and that as per his order the occurrence took plac..

Category: Criminal Law | Date: | Hits: 49

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....y friend of late Mr. Manik Mia, was made to act as the printer and publisher for the said daily. Subsequently, the Company appointed the respondent Mr. Anwar Hossain. Editor of the Daily Ittefaq by a resolution dated 10-3-1972 in place of the petitioner. Mr. Mainul Hosein and Mr. Mainul Hosein becam......y Mr. Imam. In all these three writ petitions and the pending civil suits interpretation of Article 147(3) is involved. It therefore, appears that the point involved does not require determination of disputed questions of fact by taking evidence. The present writ petitions are therefore, more effect..

Category: Information Technology Law | Date: | Hits: 324

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......oor Rashid, Customs Inspector, who was on duty at the delivery gate on the night of 23-7-2001, that some unknown persons took out the consignment referred to in Annexure-'G' (hereinafter mentioned as disputed consignment) from the ICD port protected area, Kamlapur. Hearing the news of the same, the ..

Category: Criminal Law | Date: | Hits: 158

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......rate of Tk.8/- per square feet per year. But from the letter dated 24-02-1985 of the Ministry of Jute and Textiles it appears that the writ respondents were not interested in settling the outstanding dispute regarding release of the properties and payment of compensation by the writ respondents for ..

Category: Property Law | Date: | Hits: 128