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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. ......hen fraud is alleged to have been committed by the beneficiary, seller and the negotiating bank KEB was no way concerned with such fraud, the applicants, Gemini and/or Southern, might have a cause of action against such beneficiary but not against the KEB, which negotiated the documents finding them..Category: Business or Commercial Law | Date: | Hits: 289
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......ns of the licence. There is also a penal clause to the effect that if the petitioner-owner of the sawmill fails to pay the fee or fails to renew the licence within the specified time, necessary penal action should be taken against him under the Sylhet Forest Transit Rules 1951. It has also been stip..Category: Environmental Law | Date: | Hits: 551
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. ......nion Parishad Election for the post of Member. Respondent No. 4 illegally accepted the nomination paper of respondent No. 6. The petitioner also filed an application before respondent No. 5 but no action was taken. Finding no other efficacious remedy, the petitioner moved this Court and obtained ..Category: Election Law | Date: | Hits: 87
.... 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.......on in the case of M Saleem Ullah, Advocate and others Vs. Bangladesh, represented by the Secretary, Ministry of Housing and Public Works and others, reported in 55 DLR 1, wherein it was held that the action of the respondents in convening the open space meant for a park is without any lawful authori..
Category: Environmental Law | Date: | Hits: 484
Wally Ahmed alias Babi Vs. State, 2005, 34 CLC (HCD)
....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. ......accused was suffering manic depressive psychosis with foreign body in the frontal low brain. He further stated that for the cause of such foreign body the accused used to act without any knowledge of action. He issued a prescription, which he proved it as Exhibit গ and his signature, as Exhibit à¦..Category: Criminal Law | Date: | Hits: 70
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ent that the petitioners can still vindicate their grievance through arbitration as contained in the contract. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 431.......erforming his part of the contract. 3. Finding no other alternative, the petitioners served notice upon the respondents demanding justice. Though the notice was served upon the respondents, but no action was taken. 4. Respondent Nos. 1, 4, 6 and 7 filed affidavit in-opposition. Their case is t..Category: Business or Commercial Law | Date: | Hits: 186
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
....h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410.......ingh be set at liberty forthwith if not detained in connection with any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
.... 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.......ole immediately. The petitioner was compelled to serve legal notices upon the respondents on 15-1-2002 and 7-2-2002 requesting them to remove the 'unauthorized electric poll failing which appropriate action would be taken. Thereafter, on 13-2-2002 the respondent No. 1 gave a reply to the legal notic..
Category: Others | Date: | Hits: 146
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....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. ......nd the defendant Nos.1-7 are the heirs of late Golam Nabi Sowdagar. It. appears to us that the proposed amendment will in no way change the nature and character of the suit or substitute any cause of action rather the plaintiff wants to change the language of the prayer 3(ka) of the plaint for prope..Category: Procedural Law | Date: | Hits: 99
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.......ed on 31-12-2001 and during the pendency of the said proceeding the 2nd party dispossessed the petitioner on 28-1-2002 but from the report 2002 the learned Advocate for the 2nd party submits that the action of dispossession has already been made on 28-1-2002 and there is no apprehension of breach of..Category: Criminal Law | Date: | Hits: 55
Abdul Mazid (Md.) Vs. State, 2006, 35 CLC (HCD)
.... However, imposition of fine shall remain unaltered. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 355.......at the time of postmortem examination speaks volumes about the indiscriminate type of striking and it shows intention of the assailant to kill the deceased which was spontaneous and not a pre-planned action. 38. Accused Md. Abdul Mazid appears to have absconded immediately after the occurrence an..Category: Criminal Law | Date: | Hits: 93
.... 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.......as actuated by any malice and that since the order of termination was an order of termination simpliciter by the respondent No.1 which he is entitled to take, therefore the petitioner has no cause of action against the said order.
9. Both the Rules were heard together and are being disposed of by..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311.......en given in section 4(h) of the Code of Criminal Procedure which runs as follows: "Complaint—"complaint means the allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person whether known or unknown, has committed the offence, but it..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....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. ......ion under Order VII, rule 11 of the Code for rejecting the plaint on the ground that the tenancy agreement with the plaintiff having expired he has no legal character, no locus standi and no cause of action to bring the suit as there is no breach of any obligation or contract. 5. The trial Court ..Category: Procedural Law | Date: | Hits: 90
Amin Uddin (Md.) Vs. State, 2006, 35 CLC (HCD)
.... matter having great social importance giving top most priority. LC records along with copy are sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 294, 26 BLD (HCD) (2006) 433. ......irjatan Daman Ain, 2000 as amended vide Gazette Notification dated 29th July, 2003 and shows that any Nari-o-Shishu Nirjatan, Daman Tribunal will not take cognisance of any offence under said Ain for action without any written report from any police officer not below the rank of Sub-Inspector of pol..Category: Criminal Law | Date: | Hits: 48
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ...... withdrawn by the plaintiff. The further case of the plaintiff is that the defendant No. 1 purchased the plaintiff's personal property from Nurul Hoque and claimed title thereof and thus the cause of action has arisen on 12-6-1992. Hence the suit. 5. The defendant No. 1 contested the suit by fili..Category: Property Law | Date: | Hits: 115
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....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.......ct of contrition the Court must weigh that apology and in awarding punishment the Court must consider the apology tendered by the contemner. If the apology is found to be a real act of contrition, no action need be taken and a word of warning may be enough but if the apology is qualified, hesitating..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. ......endant petitioner on 28-2-99 under section 9(2) of the Bankruptcy Act, 1997. But the defendant-petitioner neither paid the plaintiffs money nor provided the security against the payment. The cause of action of the suit arose at the office of the plaintiff-respondent at Strand Road, Chittagong firstl..Category: Civil Law | Date: | Hits: 131
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......gued on behalf of the respondents that the recommendation in Clause 3(Kha) of Annexure 5 above with regard to securing seniority by applying the Next Below Rule principle is reflected in the impugned action taken under Annexure-D), it has also been acknowledged at the same time by the learned Counse..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......ich was prior to the opening of the bids submitted by all the bidders which amount was common security money for each of the bidders and that being so the plaintiff did not acquire any right upon the actionable goods either as a purchaser or as a successful bidder and that the plaintiff could not ad..Category: Business or Commercial Law | Date: | Hits: 209
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