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

....t, Beximco Holdings, and four others as plaintiffs instituted the suit against the International Finance Investment and Commerce Bank Ltd., in short, the IFIC Bank, and others for a decree of several declarations including the ones that no amount was due from the plaintiffs to the defendants under t......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.......€‘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..

Category: Civil Law | Date: | Hits: 71

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

....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. ......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. ...... 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..

Category: Company Law | Date: | Hits: 232

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

....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. ......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. ...... 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)

....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. ......the Parliament, firstly, by the Bill of Rights, 1689 and thereafter by the Act of Settlement, 1701, through which the salary and the tenure of Crown Judges were guaranteed as a prelude to achieve the independence of judiciary. The Act of Settlement, 1701, made provisions that the Judges will be appo......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..

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

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....ed and claimed an amount of Taka 50,43,262.50 on account of stealing electric energy by the petitioners whereupon the petitioners filed Title Suit No.6 of 1995 before Subordinate Judge, Khulna, for a declaration that the said bill is illegal, void and without jurisdiction and that the petitioners ar......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....o.30 dated 17‑6‑2001. 2. The plaintiff-petitioners' case, in brief is that the petitioners, as plaintiffs, instituted Title Suit No.60 of 1976 in the first Court of Munsif, Sadar, Dinajpur for declaration of their title to 10.10 acres of the suit land. The suit was renumbered as Title Suit No......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...

Category: Property Law | Date: | Hits: 50

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

....therefore should not be regard­ed as a precedent. 19. It is also quite possible that certain direc­tions are issued by the Court in 'peculiar facts of the case' and they are not in the nature of declaration of law by the Supreme Court under Article 141 of the Indian Constitution. 20. Article......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. ......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)..

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

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

....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. ......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. ......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..

Category: Property Law | Date: | Hits: 61

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

.... such circumstances would be sufficient evidence to support the deed." 40. In 21 DLR 673; Promode Kumar Roy and others Vs. Benodini Haldar and others, a suit was instituted by the reversioners for declaration of title and recovery of possession. Alienation by widow was challenged. The suit was de......heritance, the three 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, th......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..

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)

.... 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. ...... 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. ......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..

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

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

....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 pla...... 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. ....... 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 ..

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

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... MA Azim Khair, Advocate ‑ For Respondent No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First..

Category: Labour and Industrial Law | Date: | Hits: 152

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......nt Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and oth..

Category: Procedural Law | Date: | Hits: 107

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......iciagade, 1310 Kobenhavn K., Denmark............................Petitioner Vs. Northern Corporation Limited, having its office at Plot No. 91, Block K, Suhrawardy Avenue, Baridhara, Dhaka-1212, Bangladesh...........Opposite Party Judgment October 28, 2010. Result: This Application ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....he peti­tioners have already completed about 15 (fifteen) years of service in BFCC. However, initially the petitioners were paid consolidated salaries by the authority and afterwards pursuant to the declaration of the new National Pay Scale by the Government in 1991, BFCC Management determined thei...... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......nal Jurisdiction) Present: Syed Refaat Ahmed J Moyeenul Islam Chowdhury J Md. Abdul Bari and others ………..............................Petitioners  Vs.  Government of Bangladesh and others....................Respondents Judgment May 13, 2010. Result: The ..

Category: Employment/Service Law | Date: | Hits: 145

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ...... 55 DLR 596; 6 DLR (WP) 143; 12 DLR 279; 45 DLR 352; 13 DLR 82; 13 DLR 397; 9 BLC (AD) 162; 52 DLR 335; 53 DLR 125; 51 DLR 125; 51 DLR 25; 5 BCR 184; 59 DLR 407; Abdul Huque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Iqbal Hasan Mahmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 B..

Category: Criminal Law | Date: | Hits: 126

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......competency between the two claimants. The remarks are definitely unfair, inasmuch as, the Administrator in discharging his functions relating to the administrator and management of waqf properties in Bangladesh is required to decide the question of succession. In such a case he is not required to re..

Category: Trust/Waqf Law | Date: | Hits: 188

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong & others, 1989, 18 CLC (HCD)

....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 262.......e opposite party No.1 herein is a trade union known as Kaptai Rope Line and RD & BB Project Workers Union bearing Registration No.593 of the Kaptai Rope Line and RD & BE Project, a project of Bangladesh Chemical Industries Corporation. The said Union on merger of the said Project with Karnap..

Category: Labour and Industrial Law | Date: | Hits: 203

Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)

....s dismissed from service under sec­tion 17(3)(g) of the Employment of Labour (Stand­ing Orders) Act, 1965. He filed a case before the La­bour Court, Rajshahi under section 25 of the said Act for a declaration that the dismissal order is ille­gal and without jurisdiction and for re-instatement. I......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is dis­charged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ......uary 9, 1989. Result: The Rule is discharged. Cases Referred to- Hari Meah Vs. The State, 11 DLR (S.C) page 368; A.K. Khan and others Vs. The Chairman; Second Labour Court of E. Pak (Now Bangladesh) & Moksud Ahmed Vs. A.K. Khan & Co. Works Union, Chittagong, 25 DLR page 192; Md...

Category: Labour and Industrial Law | Date: | Hits: 177

Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)

....been filed by Mr. Nawab Ali Khandaker under Article 102 of the Constitution of the Peoples Republic of Bangladesh, Rule Nisi was issued by this court on the respondents to show cause why the impugned declaration of the respondent No.1 as the Chairman of the Malonchi Union Parishad should not be decl......e, if any, for vindication of his right, if so ad­vised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ...... Md. Aminuddin & Others.........................Respondents Judgment February 16, 1989. Result: The Rule is discharged. Cases Referred to- 34 DLR 147; Shahabuddin Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. of Banglad..

Category: Election Law | Date: | Hits: 171