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Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....pondent No. 2. First Appeal No. 17 of 1984. Judgment Md. Mozammel Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff. 2. The defenda......ivision (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. Judgment ......h Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. J......formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ..

Category: Property Law | Date: | Hits: 73

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....r sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute Mills Ltd. having its office at Paribahan Bhaban, 4th Floor, DIT Avenue, Motijheel, Dhaka. 2. The petitioner is the Bangladesh Road Transport Corporation having its office in the af......ved: Md. Aminul Huq, Advocate ‑ For the Petitioner. Not represented ‑ the Respondent. Matter No. 9 of 1987. Judgment Md. Mozammel Hoque. - This is an application under sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent company namely, M/s. Ashraf Jute......eported in: 43 DLR (1991) 240. ......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..

Category: Company Law | Date: | Hits: 165

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

....otice Annexure‑E was issued by the then Director General, Food on 26.9.87. The petitioner showed cause (Annexure‑F) on 13.10.87. Thereafter the Director (Administration), the Directorate of Food, Dhaka with the approval of the Director General issued the order bearing Memo No. 1655(8) পরি/......oner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regional Controller of Food,......Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Serajul Islam ...................................Petitioner Vs. The Director General of Food..............Respondent. Judgment February 18, 1990. Re......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...

Category: Administrative Law | Date: | Hits: 175

Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)

....this judgment. 2. The Rule arising out of the Criminal Revision No. 239/88 is directed against the judgment and order dated 14.3.88 passed in Criminal Appeal No. 212 of 1987 by the Sessions Judge, Dhaka affirming the conviction under section 448 of the Penal Code but modifying the sentence to a f..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M......d in: 43 DLR (1991) 233. ......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..

Category: Criminal Law | Date: | Hits: 59

Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....(1991) 223. ......bibur Rahman J Habibul Islam Bhuiyan J Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner. Vs. The Chairman, First Labour Court of Bangladesh and others……………….Respondents. Judgment April 17, 1990. Cases Referred to- B......Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner. Vs. The Chairman, First Labour Court of Bangladesh and others……………….Respondents. J......ned Advocate for the petitioner. On the contrary they go against him. In the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 223. ..

Category: Employment/Service Law | Date: | Hits: 89

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....g………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijheel Commercial Area, Dhaka and others………………Respondents. Judgment February 13, 1990. Cases Referred t......stered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijheel Commercial Area, Dhaka and others……...... Islam Bhuiyan J Chevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijhee......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....s Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Tribunal No. 1, Dhaka on the grounds, inter alia, that there arose a reasonable apprehension in the mind of the accu......QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456; Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: ...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Anwarul Hoque Choudhury J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....Abdul Bari, Osman Gani and Bashirul Alam have preferred Criminal Appeal No. 408 of 1988. These two appeals arise out of the judgment and order of conviction passed by the District and Sessions Judge, Dhaka in Sessions Case No. 159 of 1987 and 188 of 1987 convicting all the accused‑appellants under......Appellants (In Criminal Appeal No. 408 of 1988). M Shamsul Alam, Deputy Attorney‑General with SB Barua, Advocate ‑ For the State. Aminul Huq with Nizamul Huq, Nurul Islam Sujon, Farid Ahmed and Adilur Rahman Khan, Advocates ‑For the Complainant. Criminal Appeal No. 396 of 1988 with Cr......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Qazi Shafiuddin J Shaikh Baharul Islam...........................Appellant Vs. The State ...........................................Respondent. Judgment April 25, 199......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..

Category: Criminal Law | Date: | Hits: 87

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

....ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......ammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In both the peti­tions) Vs. Md. Ali Akkas and oth...... Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In both the peti­tions) Vs. Md. Ali Akkas and others…………………………..............................Responden......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ..

Category: Employment/Service Law | Date: | Hits: 90

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

....in Ahmed, the learned Advocate for the defendant, submits that the present suit is not maintainable in view of the fact that a proceeding on the self same incident is pending before the Marine Court, Dhaka, which is competent to give appropriate relief to the aggrieved party viz, the plaintiff. In t...... as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)

....earing affirmed the order of temporary injunction. Against the appellate judgment and order defendant No.1 on 21.5.87 filed revision being Civil Revision No. 485 of 1987 before the Permanent Bench at Dhaka and obtained a Rule as well as an order directing the parties to maintain status quo. The reco......(1993) 150. ......ted in: 45 DLR (HCD) (1993) 150. ......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..

Category: Procedural Law | Date: | Hits: 73

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....General Manager, Engineering Department, Bangladesh Bank refusing to award the job of supply and installation of equipment for Central Air Conditioning System of Bangladesh Bank Building at Motijheel Dhaka to the petitioner company. 2. It is the case of the petitioner Agragami Engineer Ltd. that ......rt High Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- ......(1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....lication that the respondent No.1 in the name of Eastern Banking Corporation was incorporated as Public Limited Company under the Companies Act in the then East Pakistan with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B Class shares of Tk. 25/‑ each in the......Supreme Court High Court Division (Original Civil Jurisdiction) Present: Md. Mozammel Hoque J Shoaib (Md.)........................................Petitioner Vs. Uttara Bank Ltd. and another. ................Respondents. Judgment June 3, 1990. Cases Referred to- Job......in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..

Category: Company Law | Date: | Hits: 175

Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)

....o defendantNo.1 to verify the duplicate keys of the operations. The defendant No.1 tried to refer the matter regarding the duplicate keys and maintenance of relevant register to the Principal Office, Dhaka but the Manager threatened the defendant No. 1 and out of fear he could not refer the matter a......nur Reza Chowdhury J Abdul Awal Mia (Md.).................Appellant Vs. Sonali Bank & others.................Respondents. Judgment May 28, 1990. Cases Referred to- Messers Chand Oil Mills Vs. Haji M Muhammad Zakaria & Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim V......(1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...

Category: Civil Law | Date: | Hits: 82

Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)

.... - This Rule issued at the instance of the petitioners (Defendant Nos. 7 and 8) is directed against 2 orders dated 12.10.89 and 6.1.90 respectively passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 228 of 1986 rejecting an application under Order 16 rule 10 (3) and another ......is also Reported in: 43 DLR (1991) 196. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Muhammad Ansar Ali J Dildar Hossain and another......................Petitioner Vs. Md. Sharif Hossain and others..................Opposite Party. Judgment May 23, 1990. ......f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ..

Category: Property Law | Date: | Hits: 78

Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)

....thout jurisdiction and that he was very much in service with all rights and privileges attached to his office. The suit was contested by defendant No. 1, General Manager (Administration) Rupali Bank, Dhaka, contending, inter alia, that the suit was barred under sections 19 and 25(b) of the Employmen...... Court High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Choudhury J Deputy General Manager, Rupali Bank Ltd............Petitioner Vs. Shah Jalal and others.......................................Opposite‑Parties. Judgment May 15, 1990 ......1991) 193.......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...

Category: Employment/Service Law | Date: | Hits: 64

Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)

....eclared to have been passed without any lawful authority and of no legal effect. 2. The petitioner, one of the proprietors of M/s. Nowab Timbers of 499 Purba Monipuripara, Senpara, Rokeya Sharani, Dhaka claims to have been running his timber and saw mills business there after obtaining trade lice......tion) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bh......vision (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Habibullah Chowdhury (Md.) ....................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30,...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...

Category: Property Law | Date: | Hits: 77

Sigma Huda Vs. Ishfaque Samad and others, 1993, 22 CLC (HCD)

.... Muhammad Ansar Ali J.- This Rule at the instance of accused petitioner Mrs. Sigma Huda in an application under section 561A of the Code of Criminal Procedure was issued upon the Deputy Commissioner, Dhaka and the complainant opposite party No.1 to show cause as to why the proceeding of P. Case No.7...... High Court Division (Criminal Revisional Jurisdiction) Present: Muhammad Ansar Ali J Kazi Ehadul Hoque J Sigma Huda ............................Petitioner Vs. Ishfaque Samad and others..........Opposite Parties Judgment January 17, 1993. Cases Referred To- Balkr......) 129. ......incerely, honestly and with due care and caution. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 129. ..

Category: Family Law | Date: | Hits: 191

Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)

......................Petitioner Vs. Motasim Ali Chowdhury...................... ....Opposite Party Judgment January 13, 1993. Cases Referred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias ......ferred To- Alokeshi Banik Vs. Aftabuddin, PLD 1963 Dhaka 87; M/s. Bangladesh Rubber Industries Vs. Lutfunnessa, 1983 BLD (AD) 220; Shamsul Huque alias Ratan Mia Vs. Shaukat Ali alias Babul Bhuiyan and others, BCR 1985 (AD) 4538 DLR 265. Lawyers Involved: Mahammadullah, Advocate ‑ For the ......rted in: 45 DLR (HCD) (1993) 123.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...

Category: Property Law | Date: | Hits: 79

Mahbubur Rahman Khan @ Tipu Vs. State, 1993, 22 CLC (HCD)

....adul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribunal Case No. 255 of 1991 convicting the appellant under section 19A of the Arm...... For the State. Criminal Appeal No. 2097 of 1991. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict‑appellant Mahbubur Rahman Khan is directed against the judgment and order dated 2.11.91 passed by the Special Tribunal Judge, Court No. 10, Dhaka in Special Tribuna......7. ......pugned judgment. In the result, the appeal is dismissed. Let the LC Record of the case be sent down to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 117. ..

Category: Criminal Law | Date: | Hits: 75