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M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ......: MI Farooqui, Senior Advocate with M Saleem Ullah (in person) M Mohsen Rashid, Ruhul Quddus, Md. Abdul Mannan Khan and Rezia Sultana, Advocates—For the Petitioner. AF Hasan Ariff, Attorney‑General, with AJ Mohammad Ali, Additional Attorney‑General, Fida M Kamal, Additional Attorney‑Ge..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ......s of no legal effect. 2. The facts as stated in the application, in brief, are that the petitioner is a company incorporated under the Companies Act, 1913 of which Mr. Giasuddin Khan is a Managing Director. The petitioner received a legal notice issued under registered post from Mr. Md. Mamunur R......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......e reference and the appeal have been heard together and this judgment would govern them both. 2. On the basis of a forwarding dated 31‑3‑1990 by one SM Nizamuddin, Inspector, Narcotics Control Directorate, West Circle, Dhaka Metro Sub Zone. CR Case No.91 A3 of 1990 was started in the Court of......the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 1991. Jud..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......Kohli Vs. The State, AIR 1967 Cal. 460. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record -For the Respondent No.1 (State). Rafiqur R..

Category: Criminal Law | Date: | Hits: 111

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ......ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... 1982. Result: The appeal is allowed. Lawyers Involved: Abdul Malek Ukil, Advocate, instructed by A. Backkar, Advocate-on-Record - For the Appellants. A.W. Bhuiyan, Additional Attorney-General instructed by A.W. Mallik, Advocate-on-Record - For the Respondent 1. Criminal Appeal No...

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nda Shed Jamadar Vs. State (1975) 27 DLR 67. Lawyers Involved: Latifur Rahman, Advocate, instructed by Abdur Rab-2, Advocate on Record-For the Appellant. Sultan Hossain Khan, Deputy Attorney-General instructed by B. Hossain, Advocate on Record-For the Respondent No.1. Mainul Hossain, Adv..

Category: Criminal Law | Date: | Hits: 99

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......; Inland Revenue Commissioner Vs. Hanry Ansbacher & Co., (1962) 3 All ER 843; National Bank of Pakistan Vs. Fasihuzzaman, PLD 1964 KAR-92. Lawyers Involved: A.W. Bhuiya, Additional Attorney-General, B. Hossain, Assistant Attorney General with him instructed by A. W. Mallik, Advocate-on-Rec..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)

.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 133

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ......rdance with the provisions of the said Order. According to clause (1) of Article 11, the general direction and administration of the affairs and business of the Cor­poration shall vest in a Board of Directors which may exercise all powers and do all acts and things which may-be exercised or done by......ior Advocate, with M. Nurullah, Advocate, Mahmudul Islam, Advocate, instructed by Abu Backkar, Advocate-on-Record-For the Respondent Nos. 1-3 (In Civil Appeal No. 36 of 1976). K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record..

Category: Others | Date: | Hits: 154

Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)

.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ......ied by power of attorney executed by the family members to be appointed as Mutwalli but the Administrator of Waqf mostly illegally by memo dated 7.1.2003 constituted a 6 Member Committee for Managing Director of the Administrator of Waqf Estate. 7. Mr. Khondaker Mahbubuddin Ahmed though alleged t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..

Category: Trust/Waqf Law | Date: | Hits: 148

Md. Shahidullah (Kamal) Vs. Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others, 2006, 35 CLC (AD)

....ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......ion made by Mr. Afric." Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: ......law and arrived at a finding that: "In the instant case it appears, from the facts as placed by the Writ Petitioner and also from the relevant Government file placed by the learned Deputy Attorney General, that initially by the notification contained in SRO No.79 dated 13.5.1998, respondent No.1 ..

Category: Election Law | Date: | Hits: 190

Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)

....iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ......iciently explained. Accordingly we do not find any illegality in the impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: ...... Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition is dismissed. Lawyers Involved: Fida M. Kamal, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner Amir-ul-Islam, Senior ..

Category: Procedural Law | Date: | Hits: 79

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......ncipal/buyer but suddenly and mysteriously he left Bangladesh without informing the plaintiff. At this stage they also took undue advantage of the sudden demise of Mr. Aminul Huq, the former Managing Director of the plaintiff Company. That the plaintiff has strong prima facie case against the fraud ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......umar was obtained by intimidation, threat and coereion in abnormal situation then prevailing in the country. But on a reference to the Proclamation dated 7th of April, 1979 it appears that Lieutenant General Ziaur Rahman was elected President of Bangladesh under the Constitution held on 3rd June, 19..

Category: Procedural Law | Date: | Hits: 74

M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)

....f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312.......pellant Company M/s. Anath Bandhu Guha and Sons Ltd. and for entering his name in the Register, claiming to be the adopted son of respondent No.2 Tarani Prashad Dey holding two shares, and a Mem­ber Director of the Company, who made a gift of one share in his favour. In the applica­tion it was sta......f the matter we do not find any substance in this contention as well. Therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 312...

Category: Company Law | Date: | Hits: 164

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

....ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......o the petitioner company concerning any liability of its predecessor Organon, the petitioner company shall have to satisfy the same. 19. The copy of this letter was also given to the then Managing Director of Organon Bangladesh Limited. Pursuant to that letter the petitioner fur­nished the bank ...... Ajmalul Hossain, QC, Senior Advocate, ABM Siddiqur Rahman Khan, Affan Ahmed Siddiqi and Munnin Chowdhury, Advocates—For the Petitioner. SM Moniruzzaman with Kazi Zinat Haque, Assistant Attorney Generals—For the Respondent No.1. Writ Petition No. 4968 of 2007. (The above judgment has b..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)

....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......he respondent No.2 was the former employee of the petitioner. The respondent No.2 was appointed on 1-2-1998 and worked in different projects undertak­en by the petitioner. Subsequently the Executive Director of the petitioner organization on 30-9-2003 dismissed the respondent No.2. The respondent N......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)

....in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ......Bakar Siddique, Advocate - For the Petitioner. Anisul Haque, Advocate with Ramzan Ali Shikder and Abu Khaled-al-Mamun, Advocates - For Opposite Party No. 1. Zahirul Hoque Zahir, Deputy Attorney General - For Opposite Party No. 2. Criminal Miscellaneous Case No. 560 of 2006. Judgment M..

Category: Criminal Law | Date: | Hits: 122

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143

Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)

....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......Tribunal having taken cognizance of the offences on the said charge-sheet acted with­out jurisdiction. 4. In reply to the argument advanced by ap­pellant’s Counsel, the learned Deputy Attorney-General argued that if the offences in respect of which the charge-sheet has been submitted against ..

Category: Criminal Law | Date: | Hits: 76