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M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ...... of credit prior to the satisfaction as to payment under the above-mentioned letter of credit for which the Sonali Bank is under a legal obligation to pay of the respondents. 6. It is now settled principle of law that no Court can pass any restraining order on any issuing bank from making paymen......dvocate-on-Record- For the Petitioner. Abdur Razzaq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......e of the said landlord. Reference may be made in this connection to the case of Abdus Sattar Vs. Mohiuddin, 38 DLR (AD) 97. His Lordship Mr. Shahabuddin Ahmed J as his Lordship then was expounded the principle of law embodied in section 116 of the Evidence Act which runs thus: “Section 116. The......ty. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......ney suit and the decree holder in any suit whether described as money suit or rent suit has ceased to have his right treat it as rent suit under the Bengal Tenancy Act. 5. It is now a well-settled principle laid down in the case of Arthur Henry Forbe Vs. Bahadur Singh 41 I. A. 91 and Maharajadhir......ivil Revision Case No.29 of 1972) Judgment Kemaluddin Hossain CJ.- Decree-holder is the appellant and the matter arises out of an execution proceeding started by one of the judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser ......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......plea of noncompliance of section 55 of the VAT Act the encashment of the bank guarantee has been prevented that will tantamount to granting injunction upon unconditional bank guarantee as against the principle of the case cited above. 13. The learned Additional Attorney General has also brought t......0 on 4-2-10) Judgment Md. Ashfaqul Islam J. - At the instance of the petitioner Nuvista Pharma Limited, this Rule Nisi was issued calling upon the respondents to show cause as to why the direct formal demands made by the respondents in violation of section 55 of Value Added Tax Act 1991 Annexu......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......n status quo in respect of possession of the case land and also to file their written statements. By the same order the case record was transferred to the Court of Metropolitan Magistrate, Chittagong for trial and disposal. The said order was duly served upon the second party on 30-5-1997. 5. The......ection 145(1) of the Code irrespective of its right to possess. Court is concerned only with possession of land or water and not with question of title thereof. 15. in the case in hand, points for determination are, whether the first Party was at the relevant time, that is on the date of dewing p..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119....... to the Finance Act 1966 in the first three cases and a rebate of 15% under paragraph A of Part II of 5th Schedule to the Finance Act 1967 in the remaining case, read with Article VI of the Agreement for Avoidance of Double Taxation between United Kingdom and the then Pakistan. The claim was rejecte......the Respondent Companies, making the prescribed arrangement as referred to above, could claim rebate on more than one count under the relevant provision of the respective Finance Act and that for determination of the maximum limit of super tax which may be imposed upon a foreign company which ..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......was not interfered with, though the mode of trial of the Court was changed by the provision of elimination of assessors. It was further pointed out that in regard to the procedural law, the general principle is that alterations in procedure are retrospective unless there be some good reason agai......nt and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 of 1974.) Judgment Ahsanuddin Chowdhury J.—In this appeal by Special leave the point for consideration is whether for offences alleged to have been committed on or prior to 5-2-1974 t......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218.......ested right in the old evaluation system and further upholding private interest of employees (allowing an antedated promotion and seniority with financial benefits) is thus violative of established principle of jurisprudence developed by the Appellate Division of the Supreme Court laid down in Ban......te instructed by Mrs. Mahmuda Begum, Advocate-on-Record—For the Petitioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the H......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
....ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ade parties and they have purchased the land during pendency of the suit, they would rise and fall with their vendors and their right and interest whatsoever in the suit land would be governed by the principle of ‘lis pendens’. It is apparent in the records that the petitioners filed the applica......Kawniya Khan Bari Jame Masjid and others ............. Opposite Parties
Judgment
November 29, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Tushar Kanti Roy, Advocate - for the petitioners.
Md. Mubarak Hossain, Advocate - for opposite party No.17.
Civil Revision ......ithin six months from receipt of the judgment. No further adjournment shall be allowed at the instance of the added-defendants.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Procedural Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......ble argument whether in the result the watch committee’s decision is void or merely voidable. Time and again in the cases I have cited it has been stated that a decision given without regard to the principles of natural justice is void and that was expressly decided in Wood Vs. Woad {(1974) L.R. 9......………………………Respondent Judgment January 29, 2003. Result: The appeal is dismissed. Cases Referred to- Dipti Prakash Banerjee Vs. Satyendra Nath Bose National Centre for Basic Sciences, (1999) 3 Supreme Court; 60 Hindustan Paper Corpn. Vs. Purendu Chakrobarty, (1996......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......law that the plaintiffs position shall be taken into account, which was, on the date of institution of the suit and the subsequent event shall not change or affect the position of the plaintiff. That principle has been settled upon the question of payment of advalorem Court fees. In that case the pl......decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit.
2. The respondent as plaintiff instituted the suit seeking for the following relieves:-
অতএব বাদী নিম্মমতে প্রার......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......ag the suit and therefore, the learned Judge of the trial Court rightly rejected the same. He further submits that amendment of plaint and that of a written statement are not governed by exactly same principle. The defendant should not be allowed to bring alternative and different kind of defense, w......ber 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 ......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......r permanent tenure-holder, such person shall have no right to hold the land as the raiyat but shall hold it as a proprietor or permanent tenure-holder as the case may be. By the amendment of 1907 the principle of merger as contemplated in section 22 was altered. The most important incident of merg......n………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezi......t the existing tenants became one class, that is, 'raiyats' under the Government. However, the classification and gradation of different tenancies, for all other purposes, such as, identification and determination of their status and their rights and other liabilities, continued till the notificatio..Category: Property Law | Date: | Hits: 85
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ......of Jibannagar P.S. Case No. 3 dated 16.11.1998 corresponding to G.R. Case No. 243 of 1993 convicting the appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 (ten) years. 2. The Prosection Case, in short, is that, on 16.11.1999 the informant Md. Na......ted the prosecution case. There is no material contradictions and inconsistencies which created any doubt regarding prosecution case and as such the appeal is liable to be dismissed. The point for determination in this appeal is whether the impugned judgment and order of conviction and sentence a..Category: Criminal Law | Date: | Hits: 95
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
.... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......azle Karim and others Vs. Government of Bangladesh and others, 16 BLD (AD) at page 9 = 48 DLR (AD) 178, his Lordship ATM Afazal J, (as his Lordship then was) has observed: “Consistently with the principle that there is to be an end to litigation, it is now well recognised that review is not an ......of the 4th court of learned Subordinate Judge, Dhaka, (subsequently re-numbered as Title Suit No.107 of 1988 of the Court of learned Subordinate Judge, Dhaka) against defendant No.1 A Satter Solaiman for specific performance of contract. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of th...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Maudud Vs. State, 1998, 27 CLC (HCD)
....mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ......ly as at present there is no Sub-Divisional Magistrate. Learned Advocate not only lost sight of Rule 33 but also forgot that rules cannot supersede the provision of the parent Act. It is well settled principle of interpretation that rule being subordinate legislation made by the Executive authority ...... Haresuddin, Advocate - For the Petitioner. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.817 of 1997. Judgment Kazi Ebadul Hoque J.- This is an application for bail of the convict Maudud sentenced to seven years RI on 29-4-97 having been convicted under se......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..Category: Criminal Law | Date: | Hits: 87
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......e added. In dealing and considering the application both under Order 22, rule 10 or Order 1, rule 10(2) the court has to exercise the discretion judicially and also in consonance with the fundamental principles of judicial procedure. 13. On perusal of the application filed under Order 22, rule 10......feree-petitioners question the propriety of the order dated August 2, 1993 passed by the learned Assistant Judge, Sathkhira in Title Suit No.4 of 1991 refusing to implead them as defendants in a Suit for declaration of title and confirmation of possession and also a declaration that kabala deeds dat......Division has the power to treat an application of Revision as an appeal and vice versa a memorandum of appeal as an application for Revision. 15. Now the single and sole question that survives for determination is, whether the petitioners can be impleaded as defendants in the suit. 16. Before ..Category: Procedural Law | Date: | Hits: 74
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......ndent contested the Title Suit of the plaintiff by filing a written statement contending, inter alia, that the suit was not maintainable in the present form and the same was barred by limitation, the principles of estoppel, waiver and acquiescence and it was further contended that the allegations ma......f by the following one judgment. 2. The trial Court decreed both the suits in part but the lower appellate Court decreed the suit of the present plaintiff‑respondent in full allowing specific performance of the contract and dismissing the other suit of the present appellant for declaration of t......and disposal. The learned Additional District Judge heard both the appeals together as because the same arose out of the same single judgment covering both the suits lie formulated only one point for determination as to whether the decision of the learned Munsif was correct? The learned Additional D..Category: Procedural Law | Date: | Hits: 129
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......ecial District Judge, and Paribesh Adalat, Dhaka refusing to comply the order dated 6-6-2006 passed by learned District Judge, Dhaka. 2. Material facts are that the plaintiff instituted the suit for permanent injunction which was dismissed by the trial Court. Against which Title Appeal No.392......d the appeal to the first Court of Additional District Judge for disposal. Then the Special District Judge by the impugned order refused to comply the order of the District Judge. 8. The point for determination whether the learned District Judge is empowered by law to transfer any appeal from t..Category: Civil Law | Date: | Hits: 95
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......rred by res judicata. In support of his contentions, the learned Counsel refers the case of Md. Emdadduddin Sk Vs. Atiqur Rahman reported in 1989 BLD 253 =42 DLR 416 wherein it has been held: "The principle applies as between two stages of the same litigation to this extent that a Court having at......estion the legality and propriety of the judgment and order dated 17-1-2002 passed by the learned Joint District Judge, First Court, Chittagong, in Title Suit No.41 of 2000, allowing an application for amendment of the plaint. 2. Short facts leading to this Rule are that on 22-3-2000 opposite p......tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141...Category: Procedural Law | Date: | Hits: 90
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