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Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......urisdictions, there art specific provisions which provide the relief, such as section 261 in England and section 260 in Australia, The Indian section 397 is flexible as the Bangladeshi provision in terms of the relief that can be given. The Bangladesh provision is so wide that each of relief cont......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Nahar Shipping Lines Ltd. and another .............Petitioners &nbs..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ...... an obligation other than an obligation to pay a sum of money. It may be that a person apprehending a rising spiral of prices may, when advancing money, bargain for a return to be made to him in terms of certain commodities like silver. Commissioner of Wealth Tax, Gujarat, Ahmedabad vs. Raipu......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....se of action, if any, had matured.
In view of the above the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497.
......ithout lawful authority and of no legal effect on the ground that an amended Act cannot have retrospective effect. From the said decision of the High Court Division leave was granted on the following terms:
"Mr. AF Hasan Arif, learned Attorney-General, submitted that the respondent sought perm...... Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Ju..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......back the case on remand to the trial Court, thirteen years after the proceeding was initiated. Against which leave was granted by this Division in a criminal petition for leave to appeal in following terms: “Mr. Syed Dastagir Hossain, learned Advocate appearing on behalf o......898), Sections 155, 190 & 195 (i) The function of a revenue officer in mutation case is not judicial functions to make it a court and hence bar under section 195 is not attracted. Therefore, in the instant case, a complaint in w..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......n Administrative Tribunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in r...... Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Government of Bangladesh, represented by the Secretary, Ministry of Defence and others ..............Appellants Vs. Md. Afzal Hossain ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ...... fix another date for hearing under section 265C of the Criminal Procedure Code. 5. The appellant sought leave to appeal and the leave was granted by order dated 2‑5‑2000 on the terms that‑ "Mr Mahmudul Islam, the learned Attorney‑General submits ...... Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... 3. Same date on the above averments, the plaintiff filed an application under Order XXXIX rules 1 and 2 of the Code of Civil Procedure for temporary injunction on the above terms till disposal of the suit. The application was heard and was summarily rejected on the ground ......Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Judgment..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......(BB) issued by the National Bank Ltd. as the opening Bank in favour of ENAR (Pvt) Ltd. On maturity of the export documents the plaintiff respondent bank dispatched the documents to the defendant in terms of the aforesaid letters of credit. But the bills remained unpaid in spite of several remind......: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Zyta Garments Ltd......................Petitioner Vs. Union Bank Ltd and another …………….Respondents Judgement ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
.... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ......abala dated March 12, 1970. The plaintiff filed Title Suit No.16 of 1970 seeking specific performance of contract for sale of land against Kamini Sundari Devi and others. The said suit was decreed in terms of compromise effected between the parties and the defendant No. 1 (of the instant suit) upon ...... 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ......ot quantified by any, sum of money but simply stated quantum of work to be paid for at the rate given in the agreement the learned Subordinate Judge erred in law in not drawing up the decree in those terms and that the High Court Division as well as the lower Court committed an error of law in not c......Civil) Present: Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Asalat Zaman (Md) and others ...............Appellants Vs. Government of Ban..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......al aside, and if he satisfies the Court that there was sufficient for his non‑appearance when the suit was called on for hearing, the Court shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit and shall appoint a day for proceeding the suit.&quo...... High Court Division (Civil Revisional Jurisdiction) Present: Faruque Ahmed J Taiyaba Zaman.............................................Petitioner Vs. Gias Uddin Ahmed and others.........................Opposite Parties Judgment November 6, 2002. Result..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......ng of life expectancy, totaling in all Taka 440,000,000. Plaintiffs offer being firm bid No. F1431 dated 31-9-98 for supply of 97,337 bales of jute goods was accepted by the corporation with modified terms and conditions by its letter dated 29-9-1998. Out of 97,337 bales, 95,500 bales were in sackin......Court Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Maico Jute and Bag Corporation.....................Petitioner Vs. Bangladesh Jute Mills Corporation and..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....alization thereof. The review petition has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476.......6000 MTs. On completion of carrying of the total quantity of cement plaintiff petitioner submitted bills and the payment having not been made as per billed amount the dispute in the light of the terms of the agreement was referred to the Arbitrators and that the Arbitrators having has differ......oner. Abdul Wadud Bhuiyan, Senior Advocate Instructed by Ms. Sufia Ahmed, Advocate-on-Record-For the Respondents. Civil Review Petition No. 27 of 2002. (From the Judgment and Order dated December 12, 2001 passed by the Appellant Division in Civil Appeal No, 195 of 2000..Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
.... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ......at effect on 21st July, 2001, with the Motijheel Police Station (Annexure 1). The respondent-company, however, admitted that it had entered into a commercial transaction with the petitioner under the terms of the Memorandum of Understanding (MOU) dated 14‑3‑1999 (Annexure 2). Under the said MOU ......ourt High Court Division (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......We have already perused the charge which was framed against the accused appellant under sub‑section (2) of section 10 of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 in the following terms: “আমি মোঃ নুরুল হক, বিচারক নারী ও শি......se is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......hellip;…….Petitioners Judgment July 2, 2002. The Constitution of Bangladesh, 1972, Articles 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the parti...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ...... developments confirmed that the contents of the report published in the 'daily Sangbad were not only true but it also warranted an immediate response from the highest authority of the country in terms of his and others constitutional obligation. It is further contended that a free press in a de...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......V was neither a natural or a legal person, licensing agreement was signed by the proprietor and subsequently when the company was formed and registered, the licence was transferred in accordance with terms of the licensing agreement to the ETV Ltd. The respondents further claim that the licence was ...... (2002) 537. ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......dhere to the theory of separation of power and the doctrine that a delegate may not further delegate powers conferred on it seek to soften the impact of delegation of legislative powers by such legal terms as guest legislative functions." 15. In the said decision there is mention about the opi...... ..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
.... yds of land and 2 storied building standing thereon within 2(two) months from the date of receipt of the copy of this judgment
Ed.
This Case is also Reported in: 54 DLR (HCD) (2002) 451.
......
3. Thereafter, the petitioner No.1 filed a suit in the 1st Court of Sub-Judge Dhaka, being Title Suit No. 180 of 1972 for a decree for declaration of Title for the suit property on compromise on terms of the solenama filed in Court by the petitioner No.1 and the original allottee, which was dec......s also Reported in: 54 DLR (HCD) (2002) 451.
..
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
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