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Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....me Court High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sultana Jute Mills Ltd. and another....................Petitioners Vs. Bangladesh Bank and others……………………………Respondents Judgment April 5, 2007....... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ......pany engaged in jute mills business and petitioner No. 2 is its Managing Director. Petitioner No. 1 has been enjoying various loan, overdraft and banking facilities from its banker, respondent No. 3, for the purpose of its business; that the respondent No.1 has been enjoying various loan, overdraft ...... is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3-12-2000 is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 34. ..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....9. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......osite party No. 1 being the Bangladesh Film Development Corporation (BFDC) represented by its Law Officer Md. Ruhul Amin. 2. We have heard Mr. Md. Khurshid Alam Khan the learned Advocate appearing for the accused-petitioners and Mr. Md. Mamunor Rashid, the learned Assistant Attorney General appea...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....LR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......ocates - For the Respondent.
Arbitration Case No. 2 of 2006.
Judgment
Zubayer Rahman Chowdhury J. - This is an application under section 42 read with section 43 of the Arbitration Act, 2001 for setting aside the Award dated 8-4-2006 passed by the Arbitral Tribunal in an arbitration proceed......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... Anisur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 355; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Bangladesh (State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD......ffence of murder. 34. PW 1 Abdur Rahim is the informant and father of the deceased. He did not witness the occurrence. At the relevant time he was in the office of the Shop-Keepers Co-operative Society of Jurain Bazar of which he was the Chairman. After the occurrence PW 6 informed him over t......d 153 of 2005. Judgment AKM Fazlur Rahman J. - This reference under section 374 of the Code of Criminal Procedure has been submitted by the learned Judge of Druta Bichar Tribunal No. 3, Dhaka for confirmation of sentence of death awarded by him to condemned prisoners, (1) Md. Anwar Hossain ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......tion of the witnesses found that the prosecution had been able to prove the charge as leveled against the accused beyond all reasonable doubts and having found so, convicted and sentenced them, as aforesaid. 4. On appeal the learned Sessions Judge, Madaripur upheld the said judgment and order...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
....ion
(Civil)
Present:
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appel......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
......nverted into figure ‘7’. In view of the anomaly in the service book the petitioner thought it necessary to obtain a duplicate Secondary School Examination Certificate. He took all necessary steps for the purpose. Eventually the petitioner succeeded in obtaining a duplicate certificate of the res......y ground to interfere with the decision of the High Court Division.
Accordingly, the appeal is dismissed. There is no order as to costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 169.
..
Category: Employment/Service Law | Date: | Hits: 739
....resent:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Government of Bangladesh and others.................Petitioners
Vs.
Dhaka Match Industries Co. Ltd. and othe......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
......l, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners.
Anisul Huq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondents.
Civil Petition for Leave to Appeal No. 996 of 2011.
(From the judgment and order dated 28.04.2011 passed by the......he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....spondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. Khan, Seni......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279......., Senior Advocate (with Rokanuddin Mahmud, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
....
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
......625 of 2009.)
Judgment
Surendra Kumar Sinha J.- Leave was granted to consider the question whether the High Court Division was justified in giving full relief to the writ petitioners without affording the appellants an opportunity of being heard and secondly, whether the unreported decision o......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 18 MLR (AD) (2013) 1.
..
Category: Others | Date: | Hits: 138
....g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
......ented-Respondent Nos.4, 5,9,17, 33-34, 47, 93-94, 98-100, 111,117-120 (In Civil Petition No.1084 of 2011)
Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011)
Civil Petition for Leave to Appeal No.767 of 2011.
(From the judgment and order dated 18.08.2010 passed by the H......g been made on proper appreciation of laws and facts do not call for interference.
Accordingly, all the leave-petitions are dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 174.
..
Category: Others | Date: | Hits: 172
....Jurisdiction)
Present:
Mainur Reza Chowdhury J
MM Ruhul Amin J
Ali Hossain Fakir (Md.) and 5 others………………………Petitioner
Vs.
Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......tra vires of the Constitution of the People’s Republic of Bangladesh.
2. With regard to the Notification, it is said that the provision 1(Gha) provides that the petitioners would be on probation for 2(two) years and that they might be removed during that period without assigning reason. This is......olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
..
Category: Employment/Service Law | Date: | Hits: 91
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....) 220.......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......1334 of 1989 (Gulshan PS Case No.99(5) of 1989 convicting the petitioner and 2 other co‑accuseds under section 3 of the Explosive Substances Act, 1908 and sentencing to suffer rigorous imprisonment for 10 years and to pay fine of Tk. 1000.00 in default to suffer rigorous imprisonment for one month......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
.... (HCD) (1998) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......ed physician and served in many capacities including as an Urologist in Dhaka Medical College with additional duty of the Principal of the same College. He was elected Dean of the Faculty of Medicine for two Sessions 1995-96 and 1996-97 on 30-9-95 under Article 27(5) of the Dhaka University Order, 1......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..Category: Employment/Service Law | Date: | Hits: 120
Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)
.... them for not complying with the judgment and decree passed by the Courts. 3. Facts leading to the Contempt Rule are, in short, that in the year 1982 the petitioner was serving as Secretary of the Bangladesh Shipping Corporation (BSC). There were some allegations against him. Those allegations we......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......vil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. 2. This Rule for Contempt of Court was issued calling upon the opposite party Nos. 1 and 2 to show cause as to wh......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...Category: Others | Date: | Hits: 142
.... 50 DLR (HCD) (1998) 201.......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ts to show cause as to why Major (Retd.) M Khairuzzaman alias Khairuzzaman (hereinafter referred to as detenu), son of Al-haj Akhtaruzzaman, now detained in Dhaka Central Jail should not be brought before this Court so that it may satisfy itself that he is not being held in custody without lawful au......release the detenu forthwith if not wanted in connection with any other case.
Let an advance order of release be issued immediately.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 201...
Category: Criminal Law | Date: | Hits: 76
....l Deputy Commissioner (Revenue), Dhaka and others....................Opposite Parties
Judgment
November 3, 1997.
Result:
The Rule is made absolute.
Cases Referred To-
Abul Khair Vs. Bangladesh and others, 32 DLR (AD) 29; Nitya Gopal Roy Barman Vs. Pran Gopal Nandi and others, 32 DL......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186.......al, predecessor-in-interest of the petitioners as plaintiff, instituted a suit in the 3rd Court of Munsif Dhaka being Title Suit No.732 of 1981 subsequently re-numbered as Title Suit No.153 of 1984 before Munsif, Savar for declaration of his title in the suit land measuring 0.82 acre of nal land as ......e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186...
Category: Property Law | Date: | Hits: 111
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.... basis of those exhibits which were not legally proved. The learned Advocate further submits that the decree is in executable as it is a relationship between a man and a woman and the Constitution of Bangladesh also guarantees equality and liberty of each irrespective of man and woman, caste or cree......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ......ated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 reversing those of dated 29-8-1984 passed by the Munsif, Matlab Upazila in dismissing Title Suit No.390 of 1984 for restitution of conjugal right. 2. The opposite party as plaintiff instituted Title Suit No.22......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ..Category: Family Law | Date: | Hits: 185
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....ue or arise or are deemed to accrue or arise to him in Pakistan during such year or …" 13. The question is whether such commission "accrued or arose or is "deemed to accrue or arise" to him in Bangladesh during previous years. The expression ''accrue or arise" or are "deemed to accrue or aris......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242....... accrued or arose. The Income Tax Officer took the view that the assessee was entitled to receive the commission from the managed companies and as such the assessee is liable to be taxed in his hands for the income from commission. The Income Tax Officer took further view that the Managing Agent, th......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
....ly there are 217 faculty members. The first convocation of the petitioner-University was held on 20.07.2009 wherein the Chancellor of the University, the Hon'ble President of the People's Republic of Bangladesh was present. Dr. APJ Abdul Kalam, former Hon'ble President of India was the convocation s......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
......Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ion (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka ......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the ......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ..Category: Civil Law | Date: | Hits: 87
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