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SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ompany is allowed to sell schedule-A property by private negotiation, it will not affect the interest of the decree-holder bank in any manner, but the petitioner will be benefited. 8. On the other hand Mr. Ali Mostafa Khan appearing with Ms. Nahid Sultana, learned Advocates for the respondent-ban......mited, Bangshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..Category: Procedural Law | Date: | Hits: 95
Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)
....ubmitted that Phensidyl was not contraband and possession of such Phensidyl did not offend any law. In support, he cited the decision in the case of Nannu Miah Vs. State 55 DLR 7. 17. On the other hand, Mr. Sheik Abdul Awal, learned Deputy Attorney-General on behalf of the State, took us through ...... which both of them pleaded not guilty and claimed for trial. 4. The prosecution examined eight witnesses while the defence none. Their common defence was of innocence and that no Phensidyl was recovered from their possession. 5. PW 1 Inspector Sheik Abdur Razzaque testified that on 5‑11‑9...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...Category: Criminal Law | Date: | Hits: 90
.... in the procession of mischief and damage, to have instigated and gathered the students to participate in mischief to have participated in damaging properties in the hall and to have carried lathi in hand at the time of participating in the procession which were offences under section 5, 17, 21 and ......ght of 26th April students organized themselves and brought out a procession in order to achieve their demands. Three students had been arrested by the police but subsequently they were released. But over the said arrest rumours were spread that they were arrested under the instruction of the Vice-C......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected.
Ed.
This Case is also Reported in: 51 DLR (1999) 563...
Category: Others | Date: | Hits: 116
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....92 SC. 904, Sukhdev Singh Sodhi, (AIR 1954 SC 186), R.L. Kapur, (AIR 1972 SC 858), Delhi Judicial Service Association V. State of Gujarat, (1991) 4 SCC 406, (1991 AIR SCW 2419), S.K. Sarkar V. Vinay Chandra Misra, AIR 1981 S.C. 723, Mohd. Ikram Hussain V. The State of U.P. AIR 1964 SC 1625, Supreme ...... it has in the eye of the law no existence [Oswald, Law of Contempt of Court 3rd Ed, Page-1]. In its origin, all legal contempt will be found to consist in an offence more or less direct against the Sovereign himself as the fountainhead of law and justice, or against the palace, where injustice was ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 164
....l. The Deputy Commissioner of Taxes disallowed the gift made by Md. Abul Kashem on the ground that the letter sent to him came back unserved and the donor failed to acknowledge the gift. On the other hand, on a reading of the order dated 28-7-90 of the Senior Joint Appellate Commissioner it appears ......ors and it further appears that the Deputy Commissioner of Taxes himself confirms that these gifts have been shown by the donors in their respective wealth statements. But this aspect of the case was overlooked by the Taxes Appellate Tribunal in disallowing the gift made by Md. Abul Kashem. Thus, th......ion raised in this reference is answered in the negative and in favour of the assessee applicant.
There will be no order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 338...
Category: Fiscal/Taxation Law | Date: | Hits: 81
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....ow tube-well machine, the impugned order of conviction and sentence is not sustainable in law. 9. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the learned Special Judge was fully justified in convicting and sentencing the ac......6(5) of the Criminal Law Amendment Act, 1958 which provides as follows: “Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for prosecution of a public servant for an offence under this Act, and s...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
Babar Hossain Vs. State, 2000, 29 CLC (HCD)
...., the impugned order of conviction and sentence must be set aside in the interest of justice. 10. Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State, on the other hand, submits that the learned Additional Sessions Judge as well as the learned Magistrate on proper...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ...... Magistrate of the 1st Class, Chouddagram and the Deputy Commissioner Comilla immediately for their information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 326. ..Category: Criminal Law | Date: | Hits: 58
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
...., rather the customs officials acted within their competence and passed the orders lawfully. 7. Mr. Mahmudul Islam, the learned Attorney-General appearing for the respondent Nos. 1-3, on the other hand, submits that it is clear from the materials on record that in the instant case the customs off...... Bangladesh under fictitious non-existent LCs. It is further asserted that the 40 ft. container arrived at Chittagong port on 1-10-97 and 20 ft container arrived at Chittagong on 5-11-97 without the cover of any LC and effort was made to hoodwink the customs officials by making false statement in th......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....all posted along with Biman’s permanent staff. Whilst at work, no slightest difference is there between the work actually undertaken on the flights by any permanent stewards/stewardesses on the one hand and any steward or stewardess of the contract service on the other hand. By an organogram (Anne...... affidavit-in-opposition containing, inter alia, that the writ petitions are not maintainable on the ground that the petitioners seek to enforce contractual terms and conditions of service which are governed by the law of contract and cannot be adjudicated upon under writ jurisdiction, that the empl...... the period of this contractual service the Second party shall also be bound by the terms & conditions of the Biman Employees Service Regulations and other order or orders as may be passed by the management from time to time except where otherwise expressly stated in this Agreement.
14. From ..
Category: Employment/Service Law | Date: | Hits: 113
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....1992, is set aside. In the result, the Rule is made absolute but without any order as to costs. Send down the records forthwith. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 305. ...... to the respondent-opposite party No.1 as the postal peon was not examined by the appellant-petitioner. The learned Advocate on behalf of the petitioner submits that a letter issued under registered cover is presumed to be delivered unless proved otherwise by the addressee but the learned Appellate ......tions of the aforesaid joint mutawalli held a meeting on 11-7-1982 and formed a committee consisting of 7 persons with the petitioner Shahabuddin Ahmed as its Secretary for proper maintenance, better management and administration of the Waqf estate and also to take appropriate steps in accordance wi..Category: Trust/Waqf Law | Date: | Hits: 189
....roperty with the averments that the said school was established in the year 1912 and was being run in accordance with the Secondary and the Higher Education Board Regulation, 1977. One Sree Rajendra Chandra Dey Singh was the owner of the Suit property along with other properties and one PJ Harth, Bi......es a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with supplementary power of superintendence and control over the judgment, order, action of the Courts subordinate to the High Court Division. The High Cour......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....ection 16(3B) of the Family Courts Ordinance, 1985 the judgment debtor shall have to suffer imprisonment separately for his failure to pay the money earmarked for every instalment. 4. On the other hand, Mr. Aziz Ahmed Chowdhury the learned Counsel for’ the judgment debtor opposite party submits......er transfer of the presiding Judge of the executing Court who passed the aforesaid order, the impugned order was passed by the executing Court, who came subsequently after transfer of his predecessor over-looking the order as aforesaid which was passed by his predecessor. In the case of Karson Ranee......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...Category: Family Law | Date: | Hits: 162
....er of Commerce and Industry and others………………Respondents
Judgment
May 18, 1999.
Lawyers Involved:
Syed Ishtiaq Ahmed with Rokanuddin Mahmud and Adilur Rahman Khan, Shahnewaz Akhand, Advocates — For the Petitioners.
Amir-ul—Islam with Abdur Razzaq, Advocates— For the ......einafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of the Trade Organisation Ordinance, 1961.
5. The Chamber o......red under section 28 of the Companies Act without the word ‘Limited’. Nevertheless, a Trade Organisation is completely a different species of company, whose registration, functioning, operations, management, control, election and the resolution of the disputes are controlled by specific provisio..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....uting of the heirs of the said two opposite parties, the pre-emption cases already abated. So the orders of allowing of pre-emption cases by the trial Court are apparently illegal. 5. On the other hand, Mr. Md. Nurul Hoq, the learned Counsel for the pre-emptor opposite parties submits that since ......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552...Category: Property Law | Date: | Hits: 58
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
....his signature thereto Exhibit-4/1. In cross, he admitted that the accused filed a petition for retraction of his confession on 25-6-94. He then said that after recording his confessional statement he handed over the confessing accused to police custody. He denied the defence suggestion that the conf......arned Sessions Judge, Faridpur, who in consideration of materials available on record as well as facts and circumstances of the case framed charge under sections 302/201 of the Penal Code and read it over to the accused person in open Court to which he pleaded not guilty and demanded trial. 4. Th...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544...Category: Criminal Law | Date: | Hits: 32
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....n amount in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka Stock Exchange Building to the peti......t in full said Mrs. Rashida Hossain executed the instrument of share transfer (From 117) in favour of the petitioner. And at the time of the transfer of the aforesaid share the transferor also handed over the vacant possession of the said room of the Dhaka Stock Exchange Building to the petitioner.......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....al Saha J Altaf Hossain (Md.)……………….Petitioner Vs. Md. Abdul Rahim and others…………………..Opposite Parties Judgment July 13, 1998. Cases Referred to- Dipak Chandra vs. Selestin Resel and another 3 BLC 391; Sheikh Abdul Quader vs. Chairman, Bangladesh Agricu......irpur, Barisal against the petitioner and others being, Title suit No. 52 of 1997, for declaration that the order of temporary suspension of the plaintiff dated 4-10-96 issued by the Chairman of the Governing Body of Alhaj BN Khan (Degree) College, Uzirpur and the orders communicated to him by Memo ......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... the rent to the plaintiff as such the plaintiff served a notice under section 106 of the Transfer of Property Act and filed the suit for ejectment of the defendant. 3. The defendant, on the other hand, filed written statement denying the contention of the plaintiff on material particulars. They ......t under the plaintiff. It is stated by the added opposite party that the plaintiff transferred 1/8 decimals and 3/8 decimals by two registered kabalas in favour of the added opposite party and handed over possession to him as such the defendant opposite party No. 8 has interest in the premises but t...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510...Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....d. vs. Halbert, (Times, 29th January 1991); American Cynamid vs. Ethicon Ltd.; Shell UK Ltd. vs. Lostock Garages Ltd. 19761 WLR 1187 and Jaggard vs. Saweyer (1995 1 WLR 269). Lawyers Involved: Khandaker Mahbubuddin Ahmed with Mustafa Niaz Muhammad, Advocates — For the Appellant. Rokanuddi......ruth Industries Ltd. and others 49 DLR 260. 8. Mr. Mustafa Niaz Muhammad, the learned Advocate for the plaintiff/appellant, admitting that the payment of technical fee is the responsibility of the overseas principal of the defendant No. 1 namely Elly & Sidney Limited, i.e. the buyers of the g......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....€¦â€¦â€¦â€¦..Respondents Judgment February 9, 2003. Cases Referred To- Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others, 52 DLR (AD) 41; Sunil Krishna Banik and others Vs. Kailas Chandra Saha and others, BCR 1984 (AD) 243=36 DLR (AD) 220; Mafizuddin Patwari Vs. Abdul Hakim Miazi,......ed, which was quite meaningful. The learned Judge who closely scrutinised those registers and receipt books expressed with a profound belief that he found them to be genuine documents. There was thus overwhelming evidence on record showing a mutation case being No 13454/1992‑1993 to have been lega......dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214...Category: Property Law | Date: | Hits: 53
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