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

....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. ......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. ....... This Case is also Reported in: 56 DLR (2004) 530. ......n support of their respective cases plaintiff and defendant Nos. 1 and 2 examined one witness each. Defendant Nos. 3 and 4 however did not examine any witness nor adduce any evidence. The plaintiffs' documents were marked as Exhibits 1 to 11 those of defendant Nos, 1 and 2 as Exhibits 'Ka' to 'Dha'...

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....the said sole decree. The suit, being hit by limitation are res judicata, is thus liable to be dismissed. 5. However, the plaintiff-petitioners found absolutely necessary to bring before the Court relevant materials of Title Suit No. 134 of 1958 upon which fraud and forgery were practiced by the ......e present application. 11. It appears that the learned Assistant Judge erred in arriving at such decision on the face of the statement made by the plaintiff that the certified copy of the relevant papers have already been filed but the same would not be any assistance to ascertain whether fraud h......er as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......e practiced by the predecessors of the defendant-opposite parties and obtained the so-called sole decree. The petitioners claimed that this is very much essential in the present suit and the original documents bearing the mark and elements of the fraud and forgery are necessary to prove the present ..

Category: Civil Law | Date: | Hits: 75

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

....d 73 of Value Added Tax Act, 1991. 9. Mr. Md. Serajul Huq, the learned advocate appearing for the Respondent Nos.4 and 2 adopted the submission of Mr. Mahmudul Islam. 10. Let us now discuss the relevant sections. Section 2 is to the effect: (খ) “উৎপাদন কর” (output tax)...... 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. ......Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Dr. Ahmed Husain……………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Re...... 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

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

....r sections 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of the Penal Code. 3. The relevant facts are, that the petitioner No. 1 on 13‑10‑1999 filed the CR Case No. 183 of 1999 ag......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......so Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..

Category: Criminal Law | Date: | Hits: 94

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

....k Company Act is silent on the definition of loan. 27. In such view of the matter, we are unable to accept the conclusion of the trial Court. The learned Joint District Judge failed to look at the relevant law in deciding the rights of the plaintiffs to temporary injunction. The findings of the t......l amount. 8. By impugned order, learned Joint District Judge held that he was satisfied that the plaintiff made out a good prima facie case for trial and the defendants failed to controvert by any papers in showing that the plaintiffs did not pay more than 300 percent of the principal loan. Upon ......This Case is also Reported in: 57 DLR (2005) 154.......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)

...., under the articles of association of the company, the minimum number of directors which could constitute a board of directors of the company was four and three of them could form the quorum. At the relevant time of meeting of the board, there were three directors only in the board and they made th......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. ......(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. ..

Category: Company Law | Date: | Hits: 232

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

....g to consider that the initiation of the proceedings for misappropriation of the bank's fund at the instance of the informant is not legally maintainable. The teamed Advocate has taken us through the relevant provisions of the Co‑operative Societies Ordinance, 1984 and the Co-operative Societies A...... 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. ......rst information report with the Gulshan Police Station against the petitioner alleging, inter alia, that on 16-2‑2002 he had misappropriated Taka 1,80,000, that during the period between 2‑9‑96 and 5‑6‑2000 he had misappropriated Taka 6,51,015 by withdrawing from the bank and that a portio......nishable under section 408 of the Penal Code. Petitioner thereupon filed an application under section 241A Cr.P.C. for discharge on the ground that the first information report, police report and the documents submitted therewith did not disclose any offence. The learned Magistrate by order dated 28..

Category: Criminal Law | Date: | Hits: 89

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

....y the respondent No.1 Association. 5. The matter was argued and reargued by Mr. KS Nabi, the learned Advocate appearing for the petitioner, at length though not all of his submissions I have found relevant. I do not propose to incorporate part of his submissions, which I have thought to be irrele......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. ......Court High Court Division (Original Civil Jurisdiction) Present: Syed Amirul Islam J SMA Matin Sarker.............................Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The applicat......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)

.... said Ordinance including section 20(2) of the said Ordinance is equally applicable to the Chief Election Commissioner and other Election Commissioners and that Article 147 of the Constitution is not relevant in this context. During the pendency of the hearing, an affidavit-in-reply was sworn on 18......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. ......rted in: 57 DLR (2005) 113. ......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

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

....­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. ......consumed was 1,10,010 units. The Deputy Director (Admin), Superinten­ding Engineer of Khulna Power Distribution Circle and Additional Chief Engineer, while disposing of the appeal on scrutiny of the papers and materials on record, observed that there is similarity between the 1st and 3rd Enquiry re...... 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)

....ious prejudice to the plaintiffs and, as such, the impugned judgment and order are not sustainable in law and deserves interference. 6. Perused the revisional application, impugned order and other relevant papers filed along with the revisional application. 7. Sub-rule (4) of rule 4 of Order X......udice to the plaintiffs and, as such, the impugned judgment and order are not sustainable in law and deserves interference. 6. Perused the revisional application, impugned order and other relevant papers filed along with the revisional application. 7. Sub-rule (4) of rule 4 of Order XXII of th......ly 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)

....Be that as it may we have heard the learned Counsel for the petitioner and the learned Assistant Attorney-General at length and considered their submissions. We have gone through the impugned orders, relevant VAT Act and Rules and affidavit in opposition carefully. 12. The moot question that fall......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. ......e Court High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J Dada Engineering Ltd...........................Petitioner Vs. Commissioner, Customs Excise and VAT Commissionerate and other……..Respondents Judgment August 18, 2010. Result: ......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

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

....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. ......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. ......This Case is also Reported in: 57 DLR (2005) 80. ...... rights of the plaintiffs to partition of the suit land as co-sharers only were raised. Plaintiffs examined five witnesses while the defendant No.1 also examined same number of witnesses. Plaintiffs' documents were marked exhibit No.1 to 3 series while those of the defendant No.1 as Exhibit Nos. A t..

Category: Property Law | Date: | Hits: 64

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

....cused­ appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim Mazeda K......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ......zaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, AIR 1933 Lahore 1002......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

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

....s the prayer for declaration that the impugned order is void and illegal with a further prayer for reinstatement. He further submitted that in the reported case defendant was a private company at the relevant time but in the present case the defendant is a subsidiary of the Bangladesh Petroleum Corp...... 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. ......004) 505. ...... 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

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

.... in the garb of termination simpliciter by way of victimisation for his trade union activities. In this case, it is admitted that the respondent No. 2 was a worker under the petitioner-company at the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-......rmination was without any blame or stigma. The petitioner-company therefore, prayed for dismissal of the case. 4. The learned Labour Court (respondent No. 1) on consideration of the pleadings and papers filed by the parties passed the impugned order directing the petitioner-company to reinstate ......Division (Special Original Jurisdiction) Present: Md Joynul Abedin J Sheikh Rezowan Ali J Karnaphuli Fertilizer Co. Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is mad...... 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...

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

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

....cree the only contesting defendant No. 3 as appellant preferred the instant First Appeal. 6. Mr. Md. Afzal Hossain, the learned Advocate appearing for the defendant-appellant after placing all the relevant materials on record submits that the judgment of the trial Court below is perverse being co......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.......332.......of time, neither he mortgaged his property nor he became guarantor for anybody whatsoever; that some of the officers of the plaintiff-Bank in-collusion with defendant Nos.1 and 2 prepared some forged documents in his name by way of false personation; that the defendant No.3 is not acquainted with th..

Category: Procedural Law | Date: | Hits: 107

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

....mandated to regularize the peti­tioners in the service of Biman.  5. In the Supplementary Affidavit dated 16-11-2005 filed on behalf of the petitioners, it has been mentioned that as per the relevant Government pol­icy, all revenue posts transferred from development projects shall be made ......ior Assistant Secretary, Ministry of Civil Aviation and Tourism, it is clear that for regularization of BFCC contractual employees, the Ministry asked the respondent No.2 to provide it with necessary papers/documents, but unfortunate the Biman authority did not respond thereto. Because of reluc­tan...... (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......istant Secretary, Ministry of Civil Aviation and Tourism, it is clear that for regularization of BFCC contractual employees, the Ministry asked the respondent No.2 to provide it with necessary papers/documents, but unfortunate the Biman authority did not respond thereto. Because of reluc­tance of t..

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

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

.... Advocates for the peti­tioner and learned Deputy Attorney General for the State at length and at one stage they have called for the Lower Court's Record and on perusal of the Lower Court Record and relevant materials, passed an elaborate order and stayed all further proceeding of the case, and sub......CC. 45. On search we find a Counter Affidavit being sworn by one Md. Nurul Islam, Assistant of the solicitor Office and submitted by Mr. Md. Abu Bakar Siddique, Deputy Attorney-General, wherein no papers and documents have been annexed. On the other hand, in paragraph 6 (six) of the aforesaid cou......vision (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J AB Siddiquee J Sheikh Hasina Wazed alias Sheikh Hasina..................Accused-Petitioner Vs. State and another..................................................Opposite-Parties Judgment March......On search we find a Counter Affidavit being sworn by one Md. Nurul Islam, Assistant of the solicitor Office and submitted by Mr. Md. Abu Bakar Siddique, Deputy Attorney-General, wherein no papers and documents have been annexed. On the other hand, in paragraph 6 (six) of the aforesaid counter affida..

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....... sent a petition to the Administrator supporting his brother's claim and opposing Altaf Miah’s claim and in doing so made some allegations against Altaf Miah. The Administrator lightly sent all the papers to the local Inspector of Waqfs for enquiry and report. The Inspector after making necessary ...... Islam J Badrul Haider Chowhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Altaf Miah………………………………………………………Appellant Vs. Md. Anwar Hossain and another………………..Respondent Judgment May 18, 1982. Result: The appeal is d...... 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...

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