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Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ...... Division in time the petitioner remained free from anxiety. But he came to know very recently that no Civil Revision was filed as yet and that the said Clerk Samir Chandra Ghosh left the country for India in the last part of the year 2002. It has further been stated that on hearing the same the pet..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ing a written statement contending, inter alia, that the plaintiffs have no cause of action to file the present suit; the suit is barred by limitation; that the defendant No.l has been residing in India since 1971; the right of repurchase of the plaintiffs through Ekrarnama is extinguished after..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....0 = 16 DLR (SC) 722; Rezaul Karim (Md.) and another Vs. Secretary, Ministry of Home Affairs and others, 44 DLR 110; Reazuddin (Md.) Vs. Government of Bangladesh, 52 DLR 361; A Malcolm and another Vs. Emperor, AIR 1933 Calcutta 218; Zainul Abedin Vs. Emperor, AIR 1937 Peshawar 30; Kishirode Chandra P......requirement under the Arms Act nor can such a requirement be imported into the statute because of the sensitive nature of the subject matter. This view seems to find support from some decision in the Indian Jurisdiction (vide AIR 1956 Calcutta 96, AIR 1954 Rajasthan 264). It must, however, be pointe..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ...... Result: The Appeals are allowed. Cases Referred to- Chellappan Vs. Secretary Kerala Electricity Board and another, AIR 1975 SC 230; Waverly Jute Mills Co. Ltd. Vs. Raymon and Co. India (Pvt.), AIR 1963 SC 90; AR Savkur Vs. Amritlal Kali Das and others, AIR 1954 Bombay 293; Samil..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 44 DLR (AD) 147; Abdus Sattar Vs. Abdul Rahman and others, 44 DLR (AD) 100; Radhamoni Debi Vs. Collector and others, 27 Indian Appeals 136; Secretary of State Vs. Debendra Lal, 1934 (Privy Council) 23; Ejas Ali Qidwai an..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ...... (AD) 97; Associated Engineering Company Vs. Government of Andhra Pradesh and another, AIR 1992 (SC) 232; Awan Industries Ltd. Vs. Executive Engineer, Lined Channel Division, (1992) SCMR 65; Union of India Vs. Manager, W/s Joy and Associates, (2001) 3 SCC 277 = AIR 2001 (SC) 809. Lawyers Involv..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......d) during, the course of trial has denied it in any way. ………(31)
Cases Referred to-
Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, Company Cases (India) Vol. 76 pages 315; Messrs Syed Rasool and Sons Vs. Messrs Aildas and Co, 1992 CrLJ 4048; Dada..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in the district of Jalpaiguri in India and also some shares in the Nipuchapur Tea Estate, Jalpaiguri. One Satyabati Devi and her co..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......desh Air Service (Pvt) Ltd vs British Airways PLC 49 DLR (AD) 187; Haji Azam vs Singleton Binda and Co Ltd Binder 27 DLR 583; Damodar Valley Corporation vs KKK Kar (1974) 1 SCC 141; (1996) 1 SCC, 54 (Indian Drugs & Pharmaceuticals Ltd vs Indo Swiss Synthetics Gem Manufacturing Company Ltd and ot..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... refrain from disturbing the petitioner's possession over the mining areas in question and that thereafter the order would cease to have effect. Upon the aforesaid facts the Supreme Court of India held that: "(1) with the passing of the order by the High Co..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......ngladesh, 4 BLC 407; Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 45 DLR 89; Province of East Pakistan Vs. Messrs Architect Engineering Co., 20 DLR (AD) 469; Puri Construction Pvt. Ltd. Vs. Union of India, AIR 1989 SC 777; Food Corporation of Inada Vs. Joginderpal Mohinderpal and another, AIR 1989 ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......angladesh. …………………………(13) Cases Referred to- Sonali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahmudul Isla..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
....ses. We still believe, "when the meaning of words is plain it is not the duty of the Courts to busy themselves with supposed intentions" (Lord Atkin in the case of Pakala Narayana Swami Vs. Emperor AIR 1939 PC 47). We still cannot ignore the warning so aptly sounded by Lord Loreburn LC in ......ub-section xxviii of section 2, As such, his IRO case before the Labour Court was maintainable. In support of his contentions, the learned Advocate relies on the two decisions of the Supreme Court of India mentioned above.
14. In the case of the Corporation of the City of Nagpur Vs. Its Employe..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......iar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varjivandas Vs. Maganlal, AIR 1937 Born. 382; (1895) 1 Ch. Di..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ...... point which came up for consideration is, whether it was open to Court to convict an accused on his confession itself though he had retracted it at a later stage. Their Lordships of Supreme Court of India held: "In law it is always open to the Court to convict an accused on his confession..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
.... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ......s discharged for, by reason of the neutralisation of the force of presumption, the prosecution is thrown back to its original position where it has to discharge its onus beyond a shadow of doubt. The Indian Supreme Court in the case of Dahyabhai Chhaganbhai Thakur Vs. State of Gujarat, AIR 1964 SC 1..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......e only meaning possible is that whereas he is not in reality that something the Act of Parliament requires him to be treated as if he were." 15. Section 27 of the Securities and Exchange Board of India Act providing offences by Companies provides that: 27. Offences by companies.- (1) Where a..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ......(1887) 4 R.P.C. 143; Kenrick and Jefferson LTD., 128 R.P.C. 45; Noblit-Sparks Industries application (1950) 68 RFC 168; Ciba Ltd. Basle Switzerland Vs. M. Ramalingam and S. Subramaniam Trading; South Indian Manufacturing Co., Madura and another (AIR 1958 Bombay 56). Lawyers Involved: Mahmu..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......o- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Hyundai Corporation Vs. Sumikin Bussan Corporation and others, 58 DLR (AD) 88; Tata Cellar Vs. Union of India, AIR 1996 SC 11; Sharping Matshyajibi Samabaya Samity Vs. Bangladesh, 39 DLR (AD); Bangladesh ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......o. 42 wrongly names of Ananda Mondal, Gobinda Mondal, Fatik Mondal, sons of Durga. Charan Mondal, and Ganesh Chandra Mondal son of Joy Gopal Mondal were recorded and their address has been shown in India and in the middle of 1992 plaintiffs came to know about the wrong preparation of finally pub..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
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