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Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ed To- Mohammad Idrish Vs. East Pakistan Timber Merchants Group, Registrar of Joint Stock Companies, East Pakistan, 20 DLR (SC) 355 & A Ghafur, General Secretary, Bangladesh Bus Truck Owners Association, Motijheel, Dhaka Vs. Bangladesh and others 38 DLR 422. Lawyers Involved: Moudud Ah......Bench after reopening of the Court. The Vacation Bench however stayed the election of the Association Group of the Federation of Bangladesh Chamber of Commerce and Industry which shall hereinafter be called FBCCI. After reopening of the Court, this matter has come up before this Bench for hearing. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....gong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir 1973 PLD 62; Lakshmi Narasimhiah and others Vs. Yalakkigowda, AIR 1965 of Mysore 310 & Monowara Begum Vs. Syed Ashrafuddin & ors, 40 DLR (AD) 251. Lawyers Involved: ......o the Directors and shareholders of the company but none raised any objection to that. Though appellant No. 1 is no longer a Director of the company she in connivance with her brother appellant No. 2 called a Board Meeting by notice dated 8-4-1999. Wherein respondent No. 3 sent a written objection t...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....f 11-1-2001 under caption “Police say: Missing Star reporter finds her in 3 hours.” The article was published in the following terms: - Charges of Jalal Murder Case were framed against accused persons by the learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka in 1999 and summons wer......nday that witness in Jalal Murder Case could not be traced; the victim’s wife Halima told The Daily Star yesterday that she and her children were told by the public prosecutor to keep away until he called her, that after the report of disappearance appeared in The Daily Star on Tuesday, it took th......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; H......anae Nambion, AIR 1970 (SC) 2015. He further submitted that in view of the principles enunciated by their Lordships in the above Cases the impugned statement of the Hon’ble Prime Minister cannot be called a contemptuous one, rather the same is a bonafide statement on the present situation of the c...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....ry J Tarun Karmaker……….Petitioner Vs. State and ors………….Respondents Judgment December 12, 2000. Case Referred To- BADC Vs. Kibria and Associates Ltd., 46 DLR (AD) 97. Lawyers Involved: Probir Halder, Advocate- For the Pet......iul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira Distric......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
.... should be given an opportunity to get the matter heard on merit. He further submits that the application filed by the plaintiff-appellant under Order 41, rule 19 of the Code of Civil Procedure was also accompanied by an application under section 5 of the Limitation Act and neither the application u......onsidering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing” and, as such, the impugned order is liable to be set aside. He further subm......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....r …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. Case Referred To- Nesar Ahmed also known as Babul Vs. Government of Bangladesh represented by the Deputy Commissioner, Noakhali 49 D......o be aggrieved by the impugned order passed by the tribunal. The basis of the petitioners’ claim that the goods were seized from their possession only as it appears from the writ petition is the so-called recommendation of the investigation Officer to the effect that the goods may be released in f......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam Vs. Rangu Muhammad and others (AIR 1967 (SC) 903; 28 DLR (SC) 185; Fisher Vs. Owen 1878 8CD 645; Cracknall Vs. Janson 1879 11 CD 1; (1891) 15 Born 488; Zamindar of Tuni Vs. Bennayya (1899) 22 Mad 155; Hukum Chand B...... both couched in almost identical terms. The learned Assistant Judge rejected the applications and asked the plaintiff to get ready to proceed with the hearing of the suit. However, when the suit was called on for hearing neither the plaintiff nor his learned Advocate, the petitioner, appeared to pr......he dispute. Though as a result of the restoration of the suit the defendant will be deprived of the advantage gained by him due to a fault on the part of the lawyer of the plaintiff, it is not a real loss by him. He had no moral claim to the advantage temporarily gained by him over his adversary due..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....d 21-11-1999 for hearing. On 21-11-1999 the learned Magistrate after hearing both the parties rejected the prayer for bail as well as the prayer for remand made by the State. The learned Magistrate also called the letter issued by the Home Ministry vide Memo No. 2/97 Sha-Ma (Bohi-9) 729 dated 30-7-1......1-11-1999 for hearing. On 21-11-1999 the learned Magistrate after hearing both the parties rejected the prayer for bail as well as the prayer for remand made by the State. The learned Magistrate also called the letter issued by the Home Ministry vide Memo No. 2/97 Sha-Ma (Bohi-9) 729 dated 30-7-1998......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....revention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947. ...... committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby com...... the accused 3-7) from the two accused-allottee who are accused Nos.10 and 17 and another imposter accused since acquitted. All those were done within a period of two months and thereby causing RAJUK loss of an amount of Taka 5,48,70,800. 6. Second part of the prosecution Case briefly, is this. T..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... relating to detention, sub-sections (2) and (3) of section 3 are reproduced below: “3. (2) Any District Magistrate or Additional District Magistrate may, if satisfied with respect to any person that with a view to preventing him from doing any prejudicial act within the meaning of section ......lul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah Distric......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 of 1990 affirming the judgment and order dated 31-10-1990 passed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the Penal......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......rsons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. 3. Upon the aforesaid allegations, the accused petitioners and others..Category: Criminal Law | Date: | Hits: 60
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....al of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 other commercial banks. The company was gra......lex Ltd. 2. The petitioner’s Case, in brief, is that the petitioner is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 t......the Companies Act. The accounts of the company have not been audited and presented to the share holders for the aforesaid years. The company has not submitted the audited balance sheet and profit and loss account since 1989 and statutory returns since 1990 to the Registrar of Joint Stock Companies a..Category: Business or Commercial Law | Date: | Hits: 198
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....ave chance to settle the dispute amicably. 7. Under section 48 of the Code of Civil Procedure fresh application for execution presented after the expiration of 12 years from the date of decree sought to be executed has been barred. Under article 182 of the Limitation Act time for execution of......ney Execution Case No. 76 of 1985 is dismissed. Communicate this order to the executing Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..Category: Civil Law | Date: | Hits: 82
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ee” to identify lands for rehabilitation of slum dwellers of Dhaka City and Annexure ‘J’ is the report of the committee for the purpose of Basti Punarbashon. 4. Subsequently government also adopted the existing policy and Minister for LGRD held a meeting on 27-12-91 in Secretariat and m......d it was sent vide Annexure ‘L’ to Prime Ministers Secretariat for action wherefrom it was sent to respondent No. 1 vide Annexure-M and therefrom vide Annexure-N detailed report in the matter was called for from respondent No. 3. He also points out that meanwhile vide Annexure dated 20-7-92 chie......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..Category: Property Law | Date: | Hits: 60
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....nal Appeal No. 4 of 1998, setting aside the judgment and order dated 5-7.1998 passed by the petitioner, as the concerned Magistrate, in Miscellaneous Case No. 15 of 1998, should not be expunged and also to show cause as to why the First Class Magisterial power of the petitioner should not be restore......ned Counsel appearing on behalf of the petitioner, submits that in disposing of the appeal, the observations of the learned Sessions Judge about the competency of the petitioner as a Magistrate was uncalled for and, as such, liable to be expunged. Besides, he submits, the Learned Judge traveled beyo......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....we are to consider the previous history of this Case. The opposite parties No.1 to 40 are the plaintiffs in the instant Case namely, Title Suit No.42 of 1999. These opposite parties No.1 to 40 were also plaintiffs in Title Suit No. 92 of 1991 which was subsequently re-numbered as Title Suit No. 177 ......ible moment, so that, if permissible under law, he may found a properly constituted Case.” 15. Order 7, rule 11, of the Code, as quoted ye, enumerates certain categories under which Court is called upon to reject a plaint, but, it is obvious that they are not exhaustive. It appears from the...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
.... taking cognizance of such offences on the basis of private complaint. The learned Advocate further submits that since the Assistant Commissioner (Land) refused to make a complaint who is the only person to form an opinion whether the offence was committed or not, the proceeding initiated at the ins...... The word evidence means and includes ‘(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry : such statements are called oral evidence; (2) all documents produced for the inspection of the Court, such documents are...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
Category: Constitutional Law | Date: | Hits: 264
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....operation of the impugned judgment and order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ...... the respondent by his letter dated 04.04.1999 to the Managing Director of the petitioner No.1 and another letter dated 22.04.1999, to the Additional Inspector General of Police, complained about the loss of his goods. But the respondent filed its suit on 24.05.2001, much beyond the period of limita..Category: Civil Law | Date: | Hits: 85