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Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ...... in the country of export. It may be noted here that where an irrevocable credit is confirmed by an intermediary bank, the later assumes a direct liability to the seller and looks to the issuing bank for indemnity. Therefore, in a typical commercial credit and transaction, there are several types of......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......7; Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and others, 54 DLR (AD) 70; UCM Vs. Royal Bank of Canada United Trading Corporation Sa Vs. Allied Arab Bank Ltd., (1985) 2 Lloyd's Law Report 554; Zyta Garments Ltd. Vs. Union Bank Ltd., 55 DLR (AD) 56; Training Knit Wear Limited V..Category: Business or Commercial Law | Date: | Hits: 365
Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)
....e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ...... caused……………………………….(13) By 'intention' is meant the exception of the consequences in question. Intention does not imply or assume the existence of some previous design or forethought. It means an actual intention, the existing intention of the moment, and is proved by, o......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ......R 1934 Nag. 138; Amirbus 36 Cr. LJ 331; Shariful Islam Vs. Billal Hossain, 45 DLR 722; Choa Lal Vs. Anant, 25 Cal 233; Inamilla, 2 Cr.LJ 790; Jashimuddin Khan Vs. Md. Ali Ashraf, 42 DLR (AD) 289. Lawyers Involved: S.M. Md. Nurul Huda Jaigirdar - For the petitioner. Nusrat Alam Chisty, Assi..Category: Criminal Law | Date: | Hits: 66
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
...... 223; 35 DLR 132; 22 BLD (AD) 117; 35 DLR (AD) 211; 4 BLC (AD) 191; 8 BLC (AD) 67; 9 BLC 624; 17 BLD (AD) 294; PLD 1958 (SC) 115; Safaruddin and others Vs. Fazlul Huq and others, 49 DLR (AD) 151.
Lawyers Involved:
Abul Quasem with Shahadat Tanveer Amin with A.U. Ahmed, Advocates - For the pet..
Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......n the law gives anything to anyone it gives also all those things without which the thing itself would not exist…………………………..(7) The inherent power, thus, can be exercised only for exercise of the three purposes specifically mentioned in the section which are- (a) the powe......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......C); Abdul Kader Chowdhury and others Vs. State, 28 DLR 1976 (AD) 38; LV Yadav, AIR 1983 SC 1219; State Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Md. Israfil Hossain - For the petitioner. M.U. Ahmed – For the opposite pa..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ...... 414; AIR 1931 (Calcutta) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) 527; 20 DLR 501; 26 DLR 157; 14 DLR 657; 35 DLR (AD) 42; 47 DLR (AD) 7; 26 DLR 157; 29 DLR (SC) 82; Lawyers Involved: Mrinal Kanti Biswas, Advocate-For the Appellant. Md. Khalilur Rahman with T...Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ts and taking of elaborate evidence.………………..(12) Conduct of writ petitioner In invoking the writ jurisdiction, the writ petitioner's conduct must be clear and clean. The seeker of enforcing fundamental right must be of clean hands. The invoker should not move to any jurisdiction be......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......y itself constitute disputed question of fact. This is dispute which could be resolved on affidavits and annexure and requires evidence to settle such fact………………………………(12) Lawyers Involved: Khan Saifur Rahman with Md. Nurul Amin, Advocates — For the Petitioners..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title st......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Involved Dr. Md. Eunus Ali Akond with Fazlul Haque, Advocates — For the Petitione..Category: Procedural Law | Date: | Hits: 69
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......should be a commission of dacoity; (2) that in course of commission of such dacoity a murder is committed and (2) that each and every member of such dacoity numbering over 5 are constructively liable for commission of the offence………………………………..(9) Use of the word ‘murderâ......ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......murder as appearing in section 396 would consist of the proof of committing culpable homicide. Therefore, these two words should not be confused………………………………………..(10) Lawyers Involved: Abdul Malek with Imman Ali and AHM Mushfiqur Rahman, Advocates - For the Appell..Category: Criminal Law | Date: | Hits: 75
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......Builders Ltd. Vs. RAJUK (Jamuna Future Park case); 43 DLR page 147; 272 of 9 DLR; 9 DLR (1957) page 272; 41 DLR (1989) page 326; Naushad Ahmed Chowdhury Vs. Ministry of Land Administration and Land Reform, 3 BLC 18; Salam Vs. Government of Bangladesh, 1 BLC 53; Shankar Gopal Chatterjee Vs. Additiona...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ...... 53; Shankar Gopal Chatterjee Vs. Additional Deputy Commissioner, Dhaka, 41 DLR 326; Jogesh Chandra Lodh Vs. Province of East Pakistan, 9 DLR; Mrs. Maleka Siraj Vs. Bangladesh, WP No.2713 of 2010. Lawyers Involved: D.H.M. Munir Uddin, Advocate, Rokanuddin Mahmud (In support of the Rule), Advoc..Category: Constitutional Law | Date: | Hits: 642
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......The predecessor of Opposite Party Nos.1 to Sand predecessor of Opposite Party No.36 as pre-emptors filed the instant pre-emption Case No.6 of 1996 in the Court of Senior Assistant Judge, Brahmanbaria for preÂemption of the lands described in the schedule of the petition covered by kabala dated 28.0......the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ...... Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and others, 20 BLD (AD) 90; Md. Dewan Ali Vs. Md. Jashimuddin and others, 60 DLR (AD) 73. Lawyers Involved: Md. Mahbub Ali, Advocate - For the petitioners. Md. Ali Reza, Advocate - For..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......ioner Corporation filed Miscellaneous Case No.26 of 2003 as per provision of President Order 7 of 1973 read with Act XVIII of 1952 in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to r......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......g Finance Corporation……………………Petitioner Vs. Mosammat Amena Begum……………………Opposite party Judgment January 28, 2010. Result: The rule is discharged. Lawyers Involved: Shahid Alam, Advocate - For the Petitioner. Md. Salim, Advocate - For the Op..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......e of Civil Procedure, 1908 (Act No. V of 1908); section 151 Inherent power of the Court under section 151 of the Code of Civil Procedure, 1908 cannot be invoked where there are specific provisions for the relief sought for. Inherent power could only be invoked by the Court in case where it finds ......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ....... Asgori Khanam, AIR 1934 Oudh 45; Union of India Vs. Tulsiram Patel, AIR 1985 SC 1417, 1477; Hukuchand Vs. Bansilal, AIR 1968 SC 86 = (1967) 3 SCR 695; Periyakkul Vs. Dakshyani, (1983) 2 SCC 127. Lawyers Involved: Khijir Ahmed with Dider Alam Kollol, Advocates — For the Petitioner. Mahbu..Category: Civil Law | Date: | Hits: 281
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... (2012) 91. ...... Office is directed to send down the record of the case at once with a copy of the Judgment for inforÂmation and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......filed against the Police report the same should be disposed of in accordance with law……………………………(13) Case Referred to- Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213. Lawyers Involved: AHM Kamruzzaman, Advocate - For the Informant-Petitioner. Sarwar Ahmed..Category: Criminal Law | Date: | Hits: 177
MM Shabbir Hasan Vs. State and others, 2012, 41 CLC (HCD)
....ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......bir Hasan………………….Accused-Petitioner Vs. State and others…………………….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers I......ioner on such day. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 465. ......……….Opposite-Parties Judgment June 17, 2012. Result: The rule is made absolute. Prayer for bail can be agitated at any time on different cause of action...................(4) Lawyers Involved: Md. Badrudduza, Advocate - For the Accused-Petitioner. Md. Khurshid Al..Category: Criminal Law | Date: | Hits: 151
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......nal case No.578 of 2010 should not be set-aside and directed to opposite parÂties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as......ore Hafazat Nirapad Abssan are directed to set at liberty the vicÂtim Mosammat Rokeya Dil Afroz Munmun forthÂwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......dra Nandi Vs. Bangladesh represented by the Secretary Ministry of Home affairs and others, 2 MLR 1997 (AD) 62 = 2 BLC (AD) 18; Fatema Begum @ Urmila Rani Vs. Gogeswar Nath, 9 BLD 469; 35 DLR 315. Lawyers Involved: Md. Abdul Malek with Md. Oliur Rahman, Advocates - For the Petitioner. KM ..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......isdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003………………………......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......le’s Republic of Bangladesh, represented by the Secretary, Ministry of Finance & others, 61 DLR (AD) 92; Mir Motiur Rahman Zehadi Vs. Artha Rin Adalat, Tangail and another, 15 BLT (AD) 267. Lawyers Involved: S. N. Goswami with Ms. Afsana Begum, Advocates-For the Petitioner. Ms. Hosne..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......inal trial, the burden of proving guilt of the accused beyond all reasonable doubt always rests on the prosecution and on its failure, it can not fall back upon the accused. In a Criminal case, it is for the prosecution to bring the guilt home to the accused……………………………..(35) ......er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... evidence establishes it beyond doubt……………………………(51) Cases Referred to- Ataur Rahman and others Vs. State, 53 DLR (HC) 87; Nur-E-Alam and others Vs. State, 54 DLR 242. Lawyers Involved: Khondaker Mahbub Hossain with Md. Fazlur Rahman - For the Appellants. ..Category: Criminal Law | Date: | Hits: 153
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......ties and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One ......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ......8, 2009. Result: The Rule is made absolute. Cases Referred to- Kruse Vs. Johnson Lord Russell, (1898) 2 QB 91; R. Immigration Appeal Tribunal ex p. Begum Manshoora, (1986) Imm. A 385; Lawyers Involved: Dr. M. Zahir - For the petitioners. Mahmudul Islam - For Respondent Nos.1 an..Category: Business or Commercial Law | Date: | Hits: 462
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar for declaration of Notice No.150 dated 28.5.84 passed by the opposite party No.1 as illegal and for ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......property, without the necessary factual basis and legal foundation, has no validity in the eye of law…………………………..(10) Cases referred to- 50 DLR (AD) 70; 46 DLR (HC) 136. Lawyers Involved: Moshfiqueuddin Bakhtiar with Jebun Nessa Moshfique, Advocate - For the petition..Category: Property Law | Date: | Hits: 155
....cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
...... retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" un......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
......y or solely clerical nature………………………………..(6)
Case Referred to-
Bimal Sarder and others Vs. People's Jute Mills Limited and others, in Writ Petition No.6813 of 2001.
Lawyers Involved:
Md. Mamun Aleem, Advocate - For the petitioner.
Sufia Ahmed, Advocate - For ..
Category: Criminal Law | Date: | Hits: 143
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