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Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ......I, rule 17 of the Code of Civil Procedure reads as hereunder: "Rule 17. The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for the purpose of de......Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Nasima Akhter Banu……………………………………………..Petitioner Vs. Abu Taher Masud and others.................................Opposite Parties. Judgment May 16, 2006. Cases R..Category: Procedural Law | Date: | Hits: 99
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......ention to article 6 of the Paris Convention in support of his contentions and further submitted that although Paris Convention has no force of law, yet Court can very much take judicial notice of the terms of the said convention in order to see as to whether an internationally reputed trade mark can......te Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Abdus Salam (Md.)……………………………………………………….Appellant Vs. Deputy Registrar of Trade Marks and others……………………………Respondents. Judgment March 16, 2005. Cases Refe..Category: Intellectual Property Law | Date: | Hits: 189
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....nowara Begum who were granted bail earlier by this Court stand discharged from the bail bond if furnished any. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 335.......accused Waliur along with the 3 other convict appellants are to be acquitted of the charge under sections 302/34 of the Penal Code. 51. In the result, the appeal is partly allowed in the following terms: (a) The judgment and order dated 29-9-1997 passed by the learned Additional Sessions Judg......This Case is also Reported in: 58 DLR (2006) 335...Category: Criminal Law | Date: | Hits: 43
....n judice, without jurisdiction and mala fide."
15. The principles laid down in all the above decisions is that an aggrieved party instead of availing the statutory forum for remedy, may invoke the extraordinary writ jurisdiction of the High Court Division if in the circumstances it can be shown t......m one place of employment to another. Such consent will normally have to be obtained when the worker is serving as a General Secretary or President of the Trade Union. A condition incorporated in the terms of employment of a worker that his job is transferable will not satisfy the requirement of con......Original Jurisdiction)
Present:
Tariq-ul-Hakim J
Afzal Hossain Ahmed J
Faruque Hasan…………………………………………………...Petitioner
Vs.
Titas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases..
Category: Employment/Service Law | Date: | Hits: 75
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53.......er or decree. 9. Section 96 of the Code of Civil Procedure deals with appeals from decrees and section 104 of the Code of Civil Procedure deals with appeals from orders. This provision does not in terms say who is entitled to prefer an appeal. The Code, however, lies down that it is the decree or......…………..Petitioner Vs. Nurul Islam Howlader..........................................Opposite Parties. Judgment October 31, 2004. Cases Referred to- Indomoti Howlader Vs. ADC and others, 50 DLR 444; Delwar Hossain Vs. Government of Bangladesh and others, 50 DLR 494; HM Saya ..Category: Property Law | Date: | Hits: 81
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
....er way to examine the said witness whose evidence is necessary for proper disposal of the suit. An occasional illness or temporary infirmity is not enough to allow a commission in exercise of such an extraordinary power. 5. It appears that the P.W.1 is 64 years of age swore an affidavit in the of......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ......is Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
....tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267.......late Division of the Supreme Court of Bangladesh having concurred with a decision of the Supreme Court of Pakistan laid down certain principles in the matter of acceptance of apology in the following terms: "In considering whether the apology should be accepted or not, a few facts should be taken in......ivil Appellate Jurisdiction) Present: Md. Mozammel Hossain J Md. Abdul Hye J State…………………………………………Petitioner Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005..Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......্টগ্রাম। 14. In the cause title of the Bankruptcy Case No. 6 of 2000, the names and addresses of the petitioner and his sole proprietorship firm have been stated in the following terms: (১) মেসাস এম. এ. সালাম এন্ড কোম্পানী ......in J Zubayer Rahman Chowdhury J MA Salam…………………………………………………………….Petitioner Vs. Additional District Judge & Dewlia Adalat, Chittagong and another…… Respondents. Judgment November 17, 2005. Cases Referred to- Messrs S..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75....... by the plaintiff-respondent and Mr. M.A. Shakur was appointed Arbitrator by the defendant-appellant. The Arbitrators having differed in their opinion passed two separate dissenting awards and as per terms of the contract, the matter we referred to the Umpire, Mr. I. Enayet Ullah, the proforma-respo......resent: MM Ruhul Amin CJ Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Dhaka Leather Complex Ltd………………………………….Appellant Vs. Sikder Construction Ltd. and another………………….Respondents Judgment August 4, 2009. Cases Referred To- ..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ...... No. 6 to 13 were appointed to the post of Assistant Engineer (Civil) by order of appointment contained in Memo No. 67-Paubo (Kop)/B-l/Sha-l/B-2/88 (Part-3) dated 5-3- 2000 (Annexure-C) upon specific terms and conditions. The petitioners now stand aggrieved by the fact that subsequent to the said ap...... is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......out one year. Mr. Mainuddin refers to the judgment of the Additional District Judge and submits that it has been rightly held by the appellate Court below that the defendant acted in violation of the terms and conditions of the auction notice having not proceeded according to condition No. 5 of the ......……………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Petitioner. AKM Mainuddin with Nurul ..Category: Business or Commercial Law | Date: | Hits: 209
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......ned Advocate, referring the judgment of the trial Court, further submits that on 22-3-1998 the Title Suit No. 30 of 1998 was filed and the same was decreed on 30-4-1998 (decree signed on 3-5-1998) in terms of solenama between the pre-emptor Nos. 1 and 2 and pre-emptor No. 3 which clearly shows that ......High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Rafique Ullah (Md)………………………………………………..Petitioner Vs. Badsha Alam and others..................................Opposite Parties. Judgment August 30, 2005. Cas..Category: Property Law | Date: | Hits: 67
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......rring the case observed that the question of jurisdiction of the Court has to be decided at the earliest opportunity and referred to section 6 of the Code of Civil Procedure which is in the following terms: "Save insofar as is otherwise expressly provided nothing herein contained shall operate t......onal Jurisdiction) Present: Hassan Ameen J Md. Awlad Ali J Bijan Kumar Das J AHM Khurshed Ali & others……………………………………Petitioners Vs. Md. Hashem Ali and others………………………………………Opposite Parties. Judgment February 8, ..Category: Procedural Law | Date: | Hits: 90
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......stody of the ship owner he may not necessarily be responsible for the loss and damage. The liability of the carrier or ship owner may be excluded (a) by the rules of common law, or (b) by the express terms of the contract or (c) by statute. In this particular case the liabilities of the carrier in r......………………………..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....e, an application under Article 102 may not be entertained to circumvent a statutory procedure. There are however, exceptions to the rule. Without attempting an exhaustive enumeration of all possible extraordinary situations we may note a few of them. In spite of an alternative statutory remedy, an ......sher and the Editor of the Daily Ittefaq the moment he held the office of the Minister. While elaborating this submission, the learned Counsels argued that since Article 147(3) is couched in negative terms its effect is mandatory. Hence the bar created by clause (3) of Article 147 against holding th......Reported in: 58 DLR (2006) 117. ..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....p of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under section 482 of the Code which we ......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ......(Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Jahangir Hossain Howlader (Md.) …………………………………..Petitioner Vs. CMM, Dhaka and others...........................................Respondents. Judgment October 30, 2004. ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ...... as the petitioners are no more in possession of the suit land. 10. There is another aspect of the case. The claim of the petitioners is nothing but a money claim. An injury which is calculable in terms of money is not an irreparable loss and the balance of convenience and inconvenience is also i...... This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ......llant has decided to restore the shares and also the management of Helal Jute Press Ltd. the writ petitioner company-Respondent No.1 to the share holder-writ petitioner No.2-respondent No.2 and the terms of such restoration have been settled between the appellant and the representative of the resp...... Government of Bangladesh represented by Secretary, Ministry of Jute, Secretariat Building, Dhaka..........................................................Appellant Vs. Helal Jute Press Ltd. and others……………..........Respondents Judgment July 21, 2009. Cases Referred To- ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ......e proceeding in which it is given in evidence, show that the judgment was obtained by fraud or collusion, and a separate suit to have the said judgment set aside is not necessary. In view of the wide terms used in section 44 of the Evidence Act, it cannot be said that it is not open to a Court other......1) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
....ts.
The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside.
Ed.
This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146.
......sion no.3 would reveal that the High Court Division had directed the procuring entity to submit a re-evaluation report recommending the EPI-BFEW and then to sign contract with them *if approved'. The terms if approved indicates that the review panel was fully aware that in this procurement, the proc......on
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Bijan Kumar Das J
MM Hossain J
SK Sinha J
Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others ...................................Appellants
Vs.
EPI-BFEW Consortium & others..
Category: Others | Date: | Hits: 164
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