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Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

.... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinh J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) L......Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July 20, 2011. Result: The appeal......nh J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed Md. Shamsul Huda J Ms. Ok-Kyung Oh, Dhaka…………………………………….......Appellant Vs. Tea Hung Packaging (Bd) Ltd. and Others…………………. Respondents Judgment July......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... of the college on 19th April, 2000, annexure-D to the writ petition. This letter was addressed to the writ respondent No.2, the Director General, Secondary and Higher Secondary Education Adhidaptar, Dhaka. In the said letter it is stated that the writ petitioner had been serving as a lecturer of Ch......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent Judgment March 3, ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Principal, Fulbaria College, Mymensingh………………………..Appellant Vs. Md. Helaluddin and Others……………………………………………… Respondent ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of conviction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in Special Case No.2 of 2007.) Judgment Md. Ataur Rahman Khan J.- This Criminal Appeal, ......also Reported in: 16 MLR (HCD) (2011) 381. ......vision (Criminal Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Barrister Nazmul Huda and another……………………………………Convict-Appellants Vs. The State and another……………………………………………………………�......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....kistan and another; Dr. Nurul Islam Vs. The Government, 1981 BLD (AD) 140; 13 DLR 804; 15 DLR 1; AIR 1957 (SC) 397; AIR 1970 (SC) 117; AIR 1975 (SC) 13; Shafiqur Rahman Vs. Local Certificate Officer, Dhaka, 29 DLR (SC) 232; 11 DLR (SC) 113; 13 DLR (SC) 233; 16 DLR (SC) 417, 375, 566, 722; Ridge vs. ...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak......Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 199....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....ul Mannan, 1992 BLD High Court Division 323; Kad Banu and others Vs. Hajera Khatun and others, 36 DLR (AD) 183 = BCR 1985 (AD) 73; State of Bihar Vs. Rani Sonabati Kumari, 1964 AIR (SC) 61; 1960 PLD (Dhaka) 1022; 1964 PLD (Dhaka) 661; Prag Dutt Vs. Kedar Nath and others, 1945 AIR Oudh 81; Gundila Ma......iah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993. Cases Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & others Vs. Haji Abdus Samad, 33 D......Court High Court Division (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J Kazi Ebadul Hoque J Safar Ali Miah & others…………………Petitioners Vs. Badsha @ Siddique & others………………..Opposite Party Judgment July 5, 1993.......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....ive Appellate Tribunal, 3 BLC (AD) 155; Rana Birpal Singh Vs. Emperor, AIR (36) 1949 Bombay 161; Abdul Mannan Bhuiyan Vs. State, 13 MLR (AD) 150; Shaheda Khatun Vs. Administrative Appellate Tribunal, Dhaka, 3 BLC (AD) 155; Abdul Quader Chowdhury vs State, 28 DLR (AD) 38; Sher Ali Vs. State, 46 DLR (......y Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant Attorney-General and Delwar Hossain Samaddar, Assistant Attorney-General—For the Opposite Party. Criminal Miscel...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Maulana Motiur Rahman Nizami..................Petitioner Vs. State………………….....................................Opposite-Party Judgment ......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....isi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/Na:gonj/15/2004-2005/19(Sangjukta)/2004 dated 31-1-2005 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2) by the Deputy Commissioner, Narayanganj (Respondent No.3) shou...... is also Reported in: 16 BLC (2011) 794. ......urt High Court Division (Special Original Jurisdiction) Present: Salma Masud Chowdhury J Syed Refaat Ahmed J Habibullah (Md.) and others...........................Petitioners Vs. Bangladesh and others……………………………………...Respondents Judgment ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs. M......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs.......Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs. M Anwar Hossain and others………………………………Respondents Judgment Aug......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....rietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manager, Mercantile Bank Ltd. Main Branch, 61, Dilkusha Commercial Area, Dhaka to give pay order of Taka 35, 00,000 to respondent No.1 covered under the Bank Guarantee being...... (Special Original Jurisdiction) Present: Ashfaqul Islam J M Moazzam Husain J Golam Mustafa...............................................Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. Case Referred to- Uttara B......e Court High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J M Moazzam Husain J Golam Mustafa...............................................Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. ......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Artha Rin Adalat No. 2, Dhaka arising out of Money Suit No. 27 of 1990. 2. Facts necessary for the disposal of the rule, ......pecial Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011. Case Referred to- ......gh Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..

Category: Civil Law | Date: | Hits: 83

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

.... 2010 against 3 accused persons including the respondent under sections 3/4 of the Explosive Substances Act. 4. The respondent moved an application for bail before the Metropolitan Sessions Judge, Dhaka, who by his order dated 19th April, 2010 rejected the prayer for bail in Criminal Miscellaneou......titioner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the High Court Division in Criminal Miscellaneous Case No.18532 ......vision (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....ued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) passed by the learned Additional District Judge, 7th Court, Dhaka in Title Appeal No. 247 of 2007 dismissing the appeal and affirming the judgment and decree da......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20...... 791. ......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....foe amicable resolution of any disagreement or dispute by direct informal negotiation and failing that by recourse to arbitration under the Act. At BCIC's request, Sonali Bank International Division, Dhaka, issued two irrevocable Letters of Credit Nos. 03300610942 and 03300601947 for the sums of US ......me Court High Court Division (Special Statutory Jurisdiction) Present: Syed Refaat Ahmed J Helm Dungemittel Gmbh……………………....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, ...... 783. ......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

State Vs. Jabbar, 2010, 39 CLC (AD)

.... the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment Surendra Kumar Sinha J. - Respondent Jabbar along with five others was put on trial before the Druta Bichar Tribunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to face charge under section 302/34 of the Penal Co......ney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) ......ourt Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State ..........................................Petitioner Vs. Jabbar………………………………………………………… Respondent Judgme......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..

Category: Criminal Law | Date: | Hits: 53

Md. Rafiqul Islam Faruque Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 2009, 38 CLC (AD)

....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ......in J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………….........Respondents Judgment Octobe......ion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Rafiqul Islam Faruque ………………………............Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parlia......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division. Accordingly, this petition is dismissed. This Case is also Reported in: VIII ADC (2011) 439. ..

Category: Procedural Law | Date: | Hits: 76

Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Sanowara Begum and others……………………............Petitioners Vs. Mohammad Rashedul Hoque and othe......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Sanowara Begum and others……………………............Petitioners Vs. Mohammad Rashedul Hoque and others……………........Respondents Judgment November ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..

Category: Administrative Law | Date: | Hits: 166

Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)

.... the suit land, preferred this petition for leave to appeal from the judgment of the High Court Division in First Appeal No.415 of 2003 reversing those of the learned Subordinate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Pla......preme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another……………………………�...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another………………………………Respondents Judgment Febru......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....tioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. Judgment Surendra Kumar Sinha J.- This leave petition at the i......eported in: VIII ADC (2011) 434. ......t Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgm......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....igh Court Division in Civil Revision No. 1340 of 1999 making the Rule absolute and setting aside the judgment and decree dated 31.01.1999 passed by the learned Additional District Judge, 5th Court, Dhaka in Title Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhak......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ......dul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ..............Respondents Judgment August 22, 2......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no substance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ...... 428. ......Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Concord Ready Mix and Concrete Products Ltd………….......Appellant Vs. The Tax Settlement Commission and another……………......Respondents Judgment Nove......, we find no substance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ..

Category: Fiscal/Taxation Law | Date: | Hits: 113

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