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Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....back to back letters of credit as described in the schedule to the plaint to be made by defendant Nos. 4 and 5, i.e. the Standard Bank to defendant Nos. 1, 2 and 3, the beneficiaries thereunder, is illegal. 3. In the plaint it is averred that defendant No. 6, Vitessee Trading (LLC) placed a purch......Md. Abdur Rashid J.- Defendant No. 5, the Standard Bank, obtained the Rules against similar orders, by which applications of the plaintiffs for temporary injunction were rejected and earlier order of status quo vacated. As the issues raised in both the Rules are the same and contesting parties are c..Category: Civil Law | Date: | Hits: 100
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....cluding on 24th May, 2009 removing him from the office of Chairman of the Governing Body of PROSHIKA and forming a five member Managing Committee and calling a General Meeting on 9th June, 2009 are illegal, void and collusive, and for permanent injunction. 3. After the institution of the suit, th......e Bench of the High Court Division upon hearing the parties made the rule absolute in part, set aside the order dated 7th June, 2009 of the learned District Judge and directed the parties to maintain status-quo till disposal of the suit. In the operating portion of the judgment the High Court Divisi..Category: Civil Law | Date: | Hits: 75
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....PW 11 Mozibur Rahman is a formal witness, who recorded the first information report. 22. In this case, the prosecution has failed to examine informant SI Md. Abdul Halim in spite of exhausting all legal processes for securing his attendance in the Court. Informant SI Md. Abdul Halim Miah is no lo......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)
....uch statements should be transmitted to the Court of Session along with the case record under section 205C. 13. Now, the question is, whether if such documents are not transmitted what will be the legal consequence. From the plain reading of section 205C, we are of the view that it does not precl...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..Category: Criminal Law | Date: | Hits: 45
Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....egum and others Vs. Bangladesh and others reported in 50 DLR (AD) 11 and submits that it was held in that case that Inter-Ministerial Communications are merely policy guidelines and do not create any legal right in favour of any person. It was further held in that decision that mere nonuse of acquir......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..Category: Property Law | Date: | Hits: 28
Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)
....ndents to show cause as to why the impugned order Gazette dated 12-9-83 being No. SRO 349/83-387 PUB dated 19-7-83 should not be declared to have been issued without any lawful authority and is of no legal effect. On an application under Article 102 of the Constitution at the instance of the petitio......nd no fine by way of penalties can also follow for thereof. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 273. ..Category: Civil Law | Date: | Hits: 115
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....ills and other charges and no deed of lease yet been executed in respect of ‘Ka’ schedule property and that the transfer of the same without taking permission from the Ministry of Works is also illegal, and that the value of Ka schedule property will be Taka 3,00,000 and the value of Kha schedul......a Rin/Commercial Court, Dhaka in Title Appeal No. 104 of 1998 is accordingly, modified and the plaintiff will get decree in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 32
Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)
.... passed by the respondent No.1 the Chairman, Khulna Labour Court, in IRO case No.5 of 1993 (Annexure-E to the petition) should not be declared to have been made without any lawful authority and of no legal effect. 2. Facts necessary for the disposal of the Rule, in brief, are that the respondent ......impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271...Category: Labour and Industrial Law | Date: | Hits: 117
....informed the Society by the letter dated 29-7-81 that the said land was marked for car park and so the land could not be allotted to the Society, but subsequently, the suit land was collusively and illegally allotted to the defendant No.6, Capital Tower Ltd describing as institutional plot. Plaintif......as delivered on 3-4-93 and lease deed was registered on 6-4-93 while the suit was field on 23-3-93, defendant No. 6 appeared in the suit on 29-3-93 and the trial Court passed the order of maintaining status quo on 3-4-93. The hat hostel activities speak volume, (viii) suit land was allotted to defen..
Category: Property Law | Date: | Hits: 72
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....ance for the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly on the grounds that the judgments and decrees of both the Courts below are not on the basis of legal evidence on record and both Courts below committed error of law resulting an error in the deci......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..Category: Family Law | Date: | Hits: 186
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....f Jamalpur Pourashava. This P.W.3 stated that he knew the informant and they held a salish over the matter but accused Shamsul Haque and his wife were absent and he then advised the informant to take legal steps. In cross this P.W. stated that the informant used to work in the station and that raise......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....in said land by transfer of 2.06 acres each to other six persons 2.06 acre of land was recorded in Khatian No. 35 in SA record of rights in the name of Abbas Fakir who then died leaving his heirs and legal representatives. By successive transfer, Golam Rahman and Mohammad Hossain acquired 16 decimal......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)
....Bim/Dba-1/G 10/99/47 dated 7-3-2000 and licence No. 5/2000 dated 7-3-2000 (Annexure B and B1) respectively issued by the respondent No. 3, should not he declared to without lawful authority and of no legal effect and why respondent No. 2 should not be directed to withdraw or cancel the said licence ......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...Category: Civil Law | Date: | Hits: 162
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....how cause as to why the impugned order as contained in case No. 9-24 dated 29-11-84 (Annexure) issued by respondent No.1 should not be declared to have been made without lawful authority and is of no legal effect. 2. The case of the petitioner, in short, is as follows- The petitioner and his g......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
....It is the petitioner’s claim that the pretentious court was in fact a ‘coram non judice’ as it was an offspring of a martial law instrument, which can not be visualised through any spectacle of legality.
4. By the rule, the petition succeeded to animate, the Respondents were asked to show c......ttorney General went on to submit that although the nature of two martial laws differed in the sense that during Zia’s martial law the constitution was not suspended but only reduced to subservient status, while Ershad suspended the Constitution from top to toe, the end result was no different in ..
Category: Constitutional Law | Date: | Hits: 482
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....as been holding the office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojpur and why his holding of the office as Member of Parliament should not be declared to be illegal and without lawful authority and is of no legal effect. 2. Mr. MI Farooqui made submission......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...Category: Election Law | Date: | Hits: 88
....sain Khan, Deputy Attorney-General with FKM Ahsan, Assistant Attorney- General—For the Respondents.
Writ Petition No. 724 of 1994.
Judgment
MA Aziz J. - Under challenge in this Rule is the legality of the order dated 18-11-93 as contained in Annexure “F” passed by the National Board o......and in that view of the matter cannot get any refund.
In the result, the Rule is discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 230.
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Category: Fiscal/Taxation Law | Date: | Hits: 69
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....a has not been separated in accordance with law as a result or which the parent jama remains intact. The learned Assistant Judge further found that on fraudulent suppression of material facts and all legal processes the pre-emptees obtained an order of mutation in their favour and, as such, this fra......turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223...Category: Property Law | Date: | Hits: 31
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....authorisation. It is not correct to say that the question of authorisation was not raised before the Court. Question was raised by her and decision obtained. But the trial court, in view of the above legal position, was wrong to find that she was duly authorised. 17. In the case of Australasia Ba......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....plication No. 38902 in class 29 in the Trade Marks Registry, Dhaka and managed to get the said application ordered to be advertised in the Trade Marks Journal. 5. The petitioner not being aware of legal provisions of law relating to registration of trade marks failed to oppose registration of the......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
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