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KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....ills has been closed (Exhibit-10). 6. The further case of the plaintiff is that defendant No.1, Eastern Bank Ltd. being an authorized dealer in Foreign Exchange performing under the authority of Bangladesh Bank acted most illegally and mala fide in not crediting to the account of the benefici...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......k Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
....titioner alleging, inter alia, that Aromatic Cosmetic Limited, a sister concern of Jamuna Group of Industries, is engaged in producing cosmetics which earned popularity in the country. Lever Brothers Bangladesh Limited is also engaged in producing cosmetic and toiletries products, in which, the peti......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ous Case Nos. 6948, 4042 & 5341 of 1998. Judgment SK Sinha J.—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Co......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...Category: Criminal Law | Date: | Hits: 126
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......of 1987 and Jail Appeal No.177 of 1987. Judgment Kazi Ebadul Hoque J. - This Reference under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Jessore is for confirmation of the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483......., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483........ Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....cted. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Reported in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)
....instate him to the Office of the Principal of the College with all the back salaries and allowances allowable under the law, (ii) For adding 7 persons and the Government of the People’s Republic of Bangladesh as defendants in the Suit. 7. The said application was heard of 12-5-1997. The learned......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......r of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400...Category: Civil Law | Date: | Hits: 200
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......long with other witnesses and found Afazuddin lying dead on the bank of the river with multiple injuries. P.W.1 further stated that his deceased brother was a member of No.7 UP Fishermen Co-operative Society and because of the disputes with the said Society miscreants killed his brother. However, ne......ned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 mo......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)
.... Present: Amin-ur-Rahman Khan J Abdul Hasib J Sekandar Ali (Md.) on behalf of the detenu Abdul Mazid Howlader.............Petitioner Vs. The Government of the People’s Republic of Bangladesh and others.........Respondents Judgment January 29, 1990. Result: The rule ......ich an order under the Co-operative Society Ordinance was issued. This is also distinguishable from the present case inasmuch as order questioned in that case relates to an order of Cooperative Society Ordinance while in the case before us it relates to an order of detention under section 3 of...... section 54 of the Code of Criminal Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on 6.11.89 the detention order wa...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ..Category: Criminal Law | Date: | Hits: 117
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
.... Writ Petition No.645 of 1987. Judgment Md. Abdul Jalil J. - This Rule Nisi was issued on an application under Article 102 of the Constitution calling upon the respondents namely, Government of Bangladesh, Court of Settlement and others to show cause why the order dated 17.8.1987 passed by the......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......nance, 1985 in Case No.13 of 1987 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The petitioner Mosammat Fatima Begum filed the said case before the Court of Settlement under section 7 of the Abandoned Building (Supplementary Provisions......e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ..Category: Labour and Industrial Law | Date: | Hits: 197
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....Assistant Judge, Second Court at Sadar Chittagong being Other Suit No.68 of 1988. Both the Rules are being disposed of under this judgment. 2. The brief facts leading to this Rule are these. The Bangladesh Chemical Industries Corporation (BCIC) had a project at Kaptai, Chittagong Hill Tracts kn......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ...... Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers......ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
....ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471.......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471....... 1975. He retired from the Military service in 1982. After retirement he was enlisted as a Class-I contractor under the MIES (Military Engineering Service). Since after such enlistment he has been performing as contractor of different kinds of construction works under the MES at different places. ......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......nshi and others should not be declared to have been made without lawful authority and of no legal effect and why the respondent No.1, RAJUK should not be directed to cancel the plan approved, if any, for construction of building over 13 acres excess unused acquired land and why respondent No.1 be no......he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462...Category: Property Law | Date: | Hits: 248
Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....er...….....…….Opposite Party Judgment July 2, 1998. Result: Both the Rules are made absolute in part. Cases Referred to- Ali Akbar Khan Vs. State, 34 DLR 94; Bangladesh Vs. Abed Ali, 36 DLR AD 234. Lawyers Involved: Syed Ziaul Karim, Advocate —......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457.......the Penal Code. All the petitioners were acquitted by the trial Court on the ground that there was a long standing enmity between the parties, that the accused persons also filed a case against the informant and the witnesses of this case over on occurrence of the same date. The learned public prose......entence and the trial Court shall take steps for realisation of fine from the petitioner Abdul Khaleque. Send down the LCR at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 457...Category: Criminal Law | Date: | Hits: 109
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....ported in: 51 DLR (HCD) (1999) 447.......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......torney-General — For the Opposite Party. Civil Revision No.2199 of 1990. Judgment Abu Sayeed Ahammed J.- This Rule issued at the instance of the plaintiff in Title Suit 80 of 1988 for permanent injunction. 2. Trial Court decreed the suit by its judgment dated 22-11-88. The ......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447...Category: Property Law | Date: | Hits: 103
Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)
....1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some comments regardin......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......rit Petition No. 1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..Category: Others | Date: | Hits: 143
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......ming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above me......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....dhury J Uttara Jute Fibres Industries…………………………….Appellant Vs. Ashraf Jute Mills Ltd……………………………….…Respondent (Company Appeal No.12 of 1991) Bangladesh Shilpa Rin sangstha………………………..Appellant Vs. Ashraf Jute Mills Ltd...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452....... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Sarwarjan Bhuiyan and others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangla......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......d others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
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