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Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....rajul Islam, 20 DLR 501; Md. Ashid Mia Vs. Province of East Pakistan, 22 DLR 694; Khondker Monjur Morshed Vs. Executive Committee (NB), 28 DLR 449; Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42; Bangladesh Muktijodha Kalyan Trust Vs. Nurul Hossain, 44 DLR 22; Ministry of Communication Vs. Md. F......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......at the opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of D......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

.... is allowed. Cases Referred to- Bengal Nagpur Railway Co. Ltd. Vs. Ruttanji Ramji and others, AIR 1935 Calcutta 347; Ram Pertab and others Vs. G Marshall, ILR 26 Calcutta 702; Bazlur Rahman Vs. Bangladesh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. ......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......e appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work done together with compensation. 2. Pla......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....own at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49....... of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside. 2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....on report against the petitioners and others alleging, inter alia, that the petitioner and others in collusion with each other by misusing official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Packa......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......the Anti‑Corruption Act, 1947 arising out of BAC GR Case No.33 of 2002 now pending in the Court of Metropolitan Senior Special Judge Court, Dhaka. 3. Bureau of Anti‑Corruption lodged a first information report against the petitioners and others alleging, inter alia, that the petitioner and ot......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....to the dead body. It was also alleged in the complainant petition that there took place a collusion in between MV Banga Biraj and MV Eagle Strength as a result some damages were caused to the ship of Bangladesh Nevy at Flotilla Jetty. The Bangladesh Nevy filed a case claiming 200 cores taka against ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of th......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..

Category: Criminal Law | Date: | Hits: 76

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....li J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, President Secretariat, Bangabhaban, P.S.-Motigheel, Dhaka ...... constitutional or unconstitutional. In support of his contention, he cited the case of A.K. Gopalan Vs. State of Madras reported in AIR 1950 (SC) 27. 29. He further submits that Corruption of the Society can not be removed without the Rule of law which has been admitted by the Chairman of Truth ......ur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant Attorney General and Mr. Md. Moslemuddin, Assistant Attorney General - For the ......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....Fazil Vs. Star Films Distributor, 14 DLR 307 Dac; Messrs Eastern Federal Union Insurance Co. Ltd Vs. Messrs Quareshi Brothers, 18 DLR 62; Amin Jute Mills Ltd Vs. ARAG Ltd, 28 DLR (AD) 76; Islami Bank Bangladesh Ltd Vs. Shohag Medicine Supply and others, 52 DLR 571; Khohinoor Chemical Co Vs. Royal Ex......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......nate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit. Respondent Nos. I to 6 as plaintiffs on 20‑6-­91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21. 2. Plaint case, in short, is that plaintiff No. 1 was ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....(1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ......cate of this Court received as the subscriber of his residence telephone, No. 400516, a telephone bill from the respondent No.2, a Senior Accounts Officer of Bangladesh Telegraph and Telephone Board, for the month of October, 1994 amounting to Taka 770.73 including Taka 100.53 as 15% VAT (Annexure-A...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....eme Court High Court Division (Special Original Jurisdiction) Present: SM Hossain J ZR Chowdhury J Debesh Chandra Bhattacharya and others …….Petitioners Vs. Government of Bangladesh and others……..Respondents Judgment January 5, 2004. Result: The Rule is m......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......d 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, a......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

.... for declaration of its right to receive the compensation given by the award. Such suit is therefore, not barred under any of the provisions of the Ordinance. 5. On behalf of the respondent No. 8, Bangladesh, Mr. Firujur Rahman, the learned Assistant Attorney General, however, tried to defend the...... This Case is also Reported in: 56 DLR (2004) 522. ......ent and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff societ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..

Category: Property Law | Date: | Hits: 61

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....€‘10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

.... February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank, 50 DLR 597; Dr. Monjurul Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (200......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ....... Matter No. 105 of 2004. Judgment Md. Abdur Rashid J.- This application at the instance of one Abdur Rashid Chowdhury is made under section 43 of the Companies Act, 1994, in brief, the Act, for rectification of the register of members of a company. 2. The company is a private limited co......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......cieties Ordinance, 1984 and the Co-operative Societies Act, 2001 and submits that there is no scope for entertaining any first information report or complaint against any member of the Co‑operative Society unless the Registrar or an officer duly authorised by the Registrar makes such complaint. ......…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam, Advocate—For the Informant. Criminal Miscellaneous Case No.11845 of 2003. Judgment SK Sinha J.- This Rule at t...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

.... in: 57 DLR (2005) 128. ......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......tioner was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Ac......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....urisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Chief Election Commi­ssioner and 3 others....................Petitioners Vs. Controller and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result: This Ru......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......he monthly salary of the petitioner No.4 since March, 2003 and an Audit and Accounts Officer of the respondent No.1, by his letters dated 27‑7‑2003 (Annexure-C series) returned their salary bills for the month of July, 2003, refusing to make payments unless their gross pensions are adjusted. As ......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Dada Engineering Ltd. Vs. Commissioner, Customs Excise and VAT Commissionerate and other, 2010, 39 CLC (HCD)

....VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: The Rule is made absolute. Cases Referred to- Khandaker Delowar Hossain, Secretary, BNP Party Vs. Bangladesh Italian Marble Works Ltd, 62 DLR (AD) 298; Dalbir Singh Vs. State of Punjab AIR 1979 (SC)......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ......co-bidder namely Messrs Poles and Concrete Ltd. After being successful in the tender respondent No.6 issued notification of award and entered into an agreement on 5-2-2008 with the petitioner company for supply of 6,999 SPC poles of two sizes and with Messrs Poles and Concrete Ltd. for supply 2,701 ......08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (2011) 61. ..

Category: Fiscal/Taxation Law | Date: | Hits: 140

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....nt of the suit. 8. On 6‑5‑92 the suit was instituted for specific performance of a contract. It is averred in the plaint that one Giasuddin Ahmed, a former joint secretary of the Government of Bangladesh, was owner in possession of the suit property. The property is fully described in the sch......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5‑92 instituted Title Suit No. 79 of 1992 in the Third Court of Subordinate Judge at Dhaka against the respondents for Specific Performance of a contract. The suit was then on transfer renumbered as Title Suit No. 2......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....hree daughters inherited the suit land left by Paban Mondal in limited life interest only. Then, the daughters died one after another, first Chota Panchi, followed by Jhoharmoni after independence of Bangladesh in 1971 and lastly, Boro Panchi. After the death of all the daughters, the plaintiffs alo......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......275 of 1995 reversing those dated 22‑8-­95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

....ment. 3. In order to appreciate the issues raised, the facts of Writ Petition No.4454 of 2002 could be stated. The petitioner, Intertek Testing Services (BD) Ltd. is a company duly incorporated in Bangladesh under the Companies Act, 1994. It is engaged in the inspection and survey of export and i...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......€‘2000. 4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Phone and 1349 pieces of Travel Chargers along with the accessories under a Letter of Credit dated 9‑3‑2000. Before shipment, the petitioner company through its overseas office at 'LINFORT BERMANY" inspected the...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

..... The farther case of the plaintiff is that the petitioner company, Padma Oil Co. Ltd., is a Public Ltd. Company having their Head Office at Chittagong and the shares of the said Company were held by Bangladesh Petroleum Corporation, as well as by several financial institutions, public institutions ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ......tle Suit No. 285 of 1995 in the Court of the 4th Assistant Judge, Dhaka which was on transfer renumbered as Title Suit No. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122