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State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January 12, 2011. Lawyers Involved: Momtazuddin Fukir, Additional Attorney General, instructed by Mrs. Sufia Khatun..

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....ding of the Court of appeal below that one witness is not sufficient to prove the baina patra in question appears to be perverse being contrary to section 134 of the Evidence Act and well established principles of law. Mr. Zafar Ali Khan, the learned Advocate for the defendant-opposite parties has f......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ...... Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 2011. Cases Referred To- 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Lawyers Involved: Mokhlesur Rahman with Jobaida Pervin, Advocates—For the Petitioner. Zafar ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....t the Courts are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with norm...... contracts also provide foe amicable resolution of any disagreement or dispute by direct informal negotiation and failing that by recourse to arbitration under the Act. At BCIC's request, Sonali Bank International Division, Dhaka, issued two irrevocable Letters of Credit Nos. 03300610942 and 0330060......Titas Prokaushali Ltd Vs. Roads and Highways, 46 DLR 665; Hossain Textile Mills Ltd Vs. Daba Sons Limited, PLD 1973 (Karachi) 413; Rustal Trading Vs. Gill & Duffers SA [2001] 1 Lloyd's Rep 14. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate with ABM Siddiqur Rahman Khan, Advocate—F..

Category: Alternative Dispute Resolution | Date: | Hits: 172

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………….........Respondents Judgm..

Category: Procedural Law | Date: | Hits: 76

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ...... being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another………………………………Respondents Judgment February 17, 2011. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......Government of Bangladesh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgment January 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-..

Category: Administrative Law | Date: | Hits: 206

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......, we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ...... M/S. Concord Ready Mix and Concrete Products Ltd………….......Appellant Vs. The Tax Settlement Commission and another……………......Respondents Judgment November 11, 2009. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....con­templated, recognized and dealt with at different places and under different Articles of the Constitution, as were deemed appropriate by the framers of the Constitution keeping in mind the broad principles of separation of powers in the scheme of the Constitution. 6. Nowhere in the Constitut......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......n, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attor..

Category: Constitutional Law | Date: | Hits: 441

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....An admission of a person is admissible in evidence as against him, though it can be explained away by the maker thereof or the person against whom it is sought to be proved. According to me, the same principle applies to an admission in a signed pleading, or in affidavit, or in any sworn deposition ......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......) 176; Ramappa Vs. Bojjappa, AIR 1963 SC 1633; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another, AIR 1927 P.C. 230; Siddir Gary PS. Case No. 7(11)/93 corresponding to G.R. Case No.309 of 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate..

Category: Procedural Law | Date: | Hits: 76

Mohammad Hossain and others Vs. Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and non-resident properties, Noakhali and others, 2011, 40 CLC (HCD)

.... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ...... parliamentary affairs, Government of Bangladesh. Send down the lower Court record. Communicate this order at once. Ed. Md. Nuruzzaman J.-I agree. This Case is also Reported in: ......er, 46 DLR-136; M/S Dulichand Omraolal VS. Bangladesh, through the Secretary, Ministry of Industries and others, 33 DLR (AD)-30; Nittya Gopal Roy Barmon Vs. Pran Gopal Nandi and others, 32 DLR-11. Lawyers Involved: Md. Delwar Hossain, Advocate, Advocate with Sihab Uddin Mahmood, Advocate-For t..

Category: Property Law | Date: | Hits: 66

State Vs. Kazol, 2011, 40 CLC (HCD)

.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......orted in BCR (1985) (AD), 298; Ansar (MD) Chan Mia Vs. State 53 DLR (AD) (2001), 115, 14; Zakir Hossain Vs. State 55 DLR (2003), 137; Siddique Munshi Vs. State 44 DLR (AD) (1992) 169 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawye..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....ached or compelled the principal debtor to pay. Mr. Hussain asserts that such a liability of the guarantor to pay upon demand made within time is independent and exclusive of any other liability of a principle debtor and, therefore, adds up to a ‘strict liability’. It is in that regard, that thi......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......handrojirao AIR 1962 Madhya Pradesh 69 (V 49 C 29); Hariprasad Vs. A.C. Traders (PR) Ltd.; AIR 1964 Madras 519 (V 51 C 176;) Imperial Hydropathic Hotel Co., Blackpool Vs. Hampson, 1882-49 LT 147. Lawyers Involved: Sayyid Shahid Hussain, Senior with Rani Akhter, Advocate- For the Petitioner. ..

Category: Company Law | Date: | Hits: 203

Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)

....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422....... Present: AM Mahmudur Rahman J Pradip Kumar Malakar......................Petitioner Vs. Birendra Chandra Malakar and others ………..Opposite Parties Judgment June 15, 1993. Lawyers Involved: Md. Fazlul Haque, Advocate ‑ Petitioner. No one ‑ For the Opposite Parti..

Category: Procedural Law | Date: | Hits: 72

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ion) Present: Badrul Islam Chowdhury J Mahmud Ibne Abbas. ............Petitioner Vs. Begum Momtaz Hossain and another..............Opposite Parties Judgment December 12, 1991. Lawyers Involved: Shah MH Rahman, Advocate ‑ For the Petitioner. Rakib Ahmed, Advocate ‑ F..

Category: Property Law | Date: | Hits: 80

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......ce Station Kotwali in the City of Dhaka...........Petitioner Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others………………Respondents Judgment August, 3, 1992. Lawyers Involved: B Hossain, Deputy Attorney General ‑ For the Petitioner. MG Bhuiyan with A..

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......lottee appearing in the sale deed and on the application for confirmation of nationality were different from the signatures on the plaint in the aforementioned Civil Suit filed by the petitioner, his International Bangladesh Passport and the petitions before the Court of Settlement. The Court of Set...... Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka...........................Respondents Judgment November 18, 1991. Lawyers Involved: MI Farooqui with M Saleemullah, Advocates - For the Petitioner. Fakhrul Isla..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......angladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Order March 6, 2011. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-R..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ...... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......A Hai and others Vs. Trading Corporation of Bangladesh, 1988 BLD (AD) 84; A Hannan 42 DLR (AD) 167; Maritime E Ca. Vs. General Dairies, AIR 1937 PC 114; K. Ramdas Vs. Udipi Mum, AIR 1974 SC. 2177. Lawyers Involved: Nurul Islam Chowdhury with Abul Kalam Azad, Advocates ‑For the Petitioner. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1945 (Lah) 23 (FB); MS Sherif and another Vs. State of Madras, AIR 1954 (SC) 397; Thakorlal Vadilal Vs. Ambalal B. Patel AIR 1942. Lawyers Involved: Moudud Ahmed with KS Hossain, Md. Munsur Ali and Sk. Rezaul Karim, Advocates â€..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......es Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16); Qumruzzaman @ Lal & others Vs. The State, 40 DLR 504. Lawyers Involved: Zakir Ahmed with Moazzam Hossain Advocates‑‑For the Petitioner. Syed JR ..

Category: Criminal Law | Date: | Hits: 89