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Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....is also another letter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annexure ‘W’ dated 4.8.87 is a registered letter with A/D given to Mrs. Rehana Ahmed by the Director of the compa......terest for which the petitioners will also be liable. The respondent No.2, in fact, made the public limited company a family company ignoring the petitioners in every matter. Even they were not given notice for holding annual general meeting of the company or the petitioner No.1, the Director, was n...... Petitioners. M Nurullah with MA Wahab, Advocates ‑For the Respondents. Matter No.24 of 1988 Judgment This is an application under section 166 read with section 162 of the Companies Act for winding up of Nahar Shipping Lines Ltd. having its office at Red Cross Chamber Building, 4th Flo..Category: Company Law | Date: | Hits: 233
M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)
.... Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation should not ......ersonnel) informed the petitioner that the Management had accepted his resignation with effect from 7.5.87 on condition that 3(three) months' salary will be deducted from his dues as he did not serve notice required under the service Rules. On 3.10.87 the petitioner addressed a letter to the Directo......nd to be of no legal effect. 2. The petitioner's case is that he was a Manager, Operational Control of the Biman Bangladesh Air Lines Corporation and he had been in the services of the Corporation for over 29 years. On 30.3.87 the Director of Flight Operation, passed an order directing the petiti..Category: Employment/Service Law | Date: | Hits: 225
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....pondent No.4 in supersession of the petitioner as Director of Bangladesh Meteorological Department and communicated by the respondent No.2 to respondent No.3 vide Memo No. SHOMO/UNI-4/1 (26)- 1/97-71 dated 17/06/97 issued by the respondent No.1 should not be declared to have violated the fundamental...... have been the proper forum for determination of the question of suppression and seniority.” In para 95 of the same judgment the Appellate Division has further observed: “Mr. Amirul Islam did not notice that Article 44(1) of the Constitution was in all fairness brought to the notice of this Cour......ntre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and h..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... Respondent No.6. Writ Petition No. 4140 of 1992. Judgment M M Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......irman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for conducting the said election and he notified the dates of filing nomination papers, scrutiny of ..Category: Election Law | Date: | Hits: 154
Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....ite Parties. Civil Revision Case No.2591 of 2008. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 22-5-2008 passed in Miscellaneous Appeal No.17 of 2007 by the learned Joint District Judge, 3r......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ha, Khulna allowing an application under Order VII Rule 11(d) of the Code Civil Procedure. 2. At the time of issuance of the rule, operation of the impugned judgment and order was stayed initially for a period of 6(Six) months from date and later on it was extended till date. 3. Facts, relevan..Category: Procedural Law | Date: | Hits: 88
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....61A Code of Criminal Procedure 1898 (the Code) has been issued at the instance of the accused No.3 petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 20-11-2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhaka in M......f the Code. Besides, as a revisional Court, he has also failed to frame the proper issue in this case and he has also failed to apply his mind to the issues of law raised before him. He ought to have noticed that sections 198 and 199 of the Code of Criminal Procedure has provided specific provisio......r police station Non FIR prosecution No.295 dated 12-9-2001 under sections 495/497/109 of the Penal Code, alleging inter alia that, one Rokeya Begum, accused No.2, is the wife of Ekramul Kabir, the informant; that the accused No.2 without the consent of the informant got herself married with one Mr...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent No. 2. None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to App......re-scheduled installments to avail himself of the exemption of interest. Then, he was requested to pay the installments due to letter dated 12-6-2000, 27-8-2000 and 28-5-2000. Thereafter, a legal notice was served on him for payment. Final notice was also served upon the appellant charging a tot...... None Represented—For Respondent Nos. 1 and 3-5. Civil Appeal No.176 of 2010. (From the judgment and Order dated the 8th day of April, 2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.516 of 2008) Judgment Md. Abdul Wahhab Miah J. - This appeal has arisen..Category: Civil Law | Date: | Hits: 138
..... 2053 of 1990.
Judgment
Mainur Reza Chowdhury J. -This Rule was issued calling upon the plaintiff-appellant opposite parties Nos. 1‑8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 s......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
......8 to show cause as to why the impugned judgment and decree dated 26.7.90 passed by the Subordinate Judge, Fourth Court, Dhaka in Title Appeal No. 126 of 1987 should not be set aside.
2. The facts for disposal of the Rule are as follows: The deceased Md. Abdul Aziz as plaintiff filed Title Suit N..
Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....tate. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additional Sessions Judge, 1st Court, Dhaka in Sessions Case No......ul Islam was in the jail hajat but the other 2 accused namely, Baharuddin and Bahar were on bail. The learned additional Sessions Judge fixed the date on 14.2.1991 for framing charge and on that date notice was issued to the sureties of the bail bond of the accused to produce them in Court. On that ...... absconding co-accused namely Nurul Islam and Md. Bahar under section 19 (1)(Ka) of the Madhak Drabbya Niyantran Ain, 1990 (Act 11 of 1990) and sentencing each of them to suffer rigorous imprisonment for 2 years. 2. The prosecution case, as made out in the FIR lodged with the Mirpur Police Statio..Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 imported GP sheets from Japan under ITC No.73.13 which was subsequently changed as Har...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......on question of facts and law in WP No. 2644 of 1990 and WP No. 346 of 1991 being involved and the same are heard together and these Rules will now be, disposed of by this common judgment. 2. Facts for the disposal of WP No. 2644/1990 are as follows: The petitioner under L/C dated 28.4.88 impor..Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....t. First Miscellaneous Appeal No. 328 of 2007. Judgment Md. Nuruzzaman J.- This First Miscellaneous appeal, at the instance of petitioner-appellant is directed against the judgment and order dated 21-1-2007 passed by the learned Additional District Judge, 1st Court, Chittagong refusing to s...... Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice was published in the newspapers. 6(six) bidders participated in that tender. After purchase...... to set aside the award dated 9-3-2006 passed by the Arbitral Tribunal thereby disallowed the Miscellaneous Case No.160 of 2006. 2. Material facts are that Chittagong Port Authority invited tender for construction and delivery of 2(two) fast patrol boats for Bangladesh Coast Guard. Tender notice ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Mahatab Vs. State, 2010, 39 CLC (HCD)
....ttorney-General - For the State. Criminal Revision No.718 of 2009. Judgment Siddiqur Rahman Miah J.- This Rule was issued calling upon the opposite party, to show cause as to why order No.19 dated 30-3-2009 passed by the learned Sessions Judge, Moulvibazar in Sessions Case No.218 of 2007 un......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ......section 156 Section 540 CrPC empowers the Sessions Judge or any Court to examine or re-examine a witness at any stage of the proceeding if the evidence of such a witness appears to him essential for the just decision of the case. The purpose of section 540 of the Code is not to help any part to..Category: Criminal Law | Date: | Hits: 97
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
.... application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. 2. The petitioners case, in short, is that, he......disposal. It is also the case of the petitioner that he is selling Chandan National Fans throughout Bangladesh with the knowledge of respondent No.1. This respondent No.1 on 9‑4‑91 served a legal notice upon the present petitioner stating, inter alia, that they are the registered proprietor of t...... Judgment Mahmudul Amin Chowdhury J.- This application under section 51A of the Patents Designs Act, 1911 has been preferred by petitioner Abdul Khaleque, proprietor of Khaleque Enginewing Works for cancellation of registered design No.00661 dated 4‑1‑89 in the name of National Fans Ltd. ..Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....ed: AS Md. Ramzan Khan, Advocate ‑ For the Petitioner. Not Represented ‑ For the Opposite Party. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has b...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451.......7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advocate for the plaintiffs for filing afresh with correct valuation of the suit. 2. Short facts relevant ..Category: Procedural Law | Date: | Hits: 81
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....004. Judgment Faruque Ahmed J.- This Rule at the instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the impugned Judgment and decree dated 25-4-2004 passed by the learned District Judge, Chandpur, in Title Appeal No.3 of 2004, revers......d in that capacity, there cropped up certain difference of opinion with some members of the School Managing Committee and following which as a measure of victimisation, the petitioner was served with notice that he should retire on 18-1-2001 and in reply of which he clarified his position that being......petitioner as plaintiff instituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsoril..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....e Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under section 302 of the Penal Code by the Judgment and order dated 17-1-2005 passed in Druta Bichar Tribrural Case No.26 of 2004 and the criminal appeal and jail......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......Appeal No. 40 of 2005. Judgment AKM Fazlur Rahman J.- This reference under section 374 of the Code of Criminal Procedure has been submitted by the Judge of the Druta Bichar Tribunal No.4, Dhaka for confirmation of sentence of death awarded by him to accused Azam Reza convicting him under secti..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....ce of the defendant-respondent-petitioner Naimuddin Molla @ Naba Molla and two others calling upon the plaintiff-appellant-opposite-party Ibrahim Molla to show cause as to why the Judgment and decree dated22-6-2002 (decree signed on 17-7-2002) passed by the learned Joint District Judge, 2nd Court, F...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......Suit No.38 of 1998 in the Court of Assistant Judge, Sadarpur, Faridpur on 28-4-1998, against the defendant No.1 Naimuddin Molla @ Naba Molla and the Government of Bangladesh as defendant No.2 praying for specific performance of contract, stating, inter alia, that the defendant No.1 Naimuddin Molla h..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....y at all. 6. In the supplementary affidavit filed by the petitioner it is stated that the respondent Nos. 3‑5 have been absenting themselves without leave of the Speaker since 1.3.94 and till to date which covered a period of 250 days and it is stated that in case of absence for 90 days the sea......and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement in different daily newspapers that they would not attend the budget session till fulfillment of their demand. Demand of justice notice was issued to the respondents but only respondent No. 3 made a reply but refused to attend th......ocates ‑ For the Respondent No. 4. Abdur Razzaque with Md. Nawab Ali, Advocates ‑ For the Respondent No. 5. Writ Petition No. 1001 of 1994. Judgment Qazi Shafiuddin J. - Election for the members of the Parliament if held under the umbrella of the ruling party cannot be free and ..Category: Constitutional Law | Date: | Hits: 344
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....the Opposite party. Civil Order No. 4167 of 1997. Judgment Mahmudul Amin Chowdhury J.- This application under section 115(1) of the Code of Civil Procedure has been preferred against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petit......e Parliamentary Election held on 12-6‑1996 on the ground of illegal and corrupt practice impleading the present petitioner and others. The present petitioner entered appearance on receipt of the notice from the Tribunal and on 4‑8‑97 filed a petition with a prayer for dismissal of the Elect......red against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposit..Category: Election Law | Date: | Hits: 247
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....—Respondent Nos.2-49 (In Civil Appeal No. 46 of 2010). None represented—Respondent Nos.2-56 (In Civil Appeal No. 47 of 2010). Civil Appeal No. 44-47 of 2010. (From the judgment and order dated 30-7-2008 passed by the High Court Division in writ Petition No.4040, 7081, 7963 and 8880 of 2......under the Work-charged Establishment mostly during the period from 1977 to 1984, prior to 1986 (Annexure-A series to the Writ Petition No.4040 of 2007). The matter of their regularization came to the notice of the concerned authorities in 1986 and the Government by its Memo dated 28-07-1986, set up ......……………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong..Category: Employment/Service Law | Date: | Hits: 208
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