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Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)

....) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Tea Hung Packaging (BD) Limited and others…………….......Petitioners (In all the cases) Vs. Bangladesh repre­sented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, ....... 3 is also directed to file the concise statement with­in 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......n-Record-For the Petitioners (In all the Cases) Ms. Ok-Kyung Oh (in person)-For Respondent No.3. (In all the Cases) Not represented-For Respondent Nos.1-2. (In all the Cases) Civil Petition for Leave to Appeal No. 1246 of 2010. (From the judgment and order dated 8.3.2010 passed by the H....... 3 is also directed to file the concise statement with­in 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...

Category: Criminal Law | Date: | Hits: 70

M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)

.... of Civil Miscellaneous Petition No.1017 of 2007 in this Division. It is alleged that the writ petitioner No.1 Tea Hung Packaging (BD) limited, is a private Company limited by shares, incorporated in Bangladesh under the provisions of the companies Act 1994. The Company was set up on 1st October, 19......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......e Court-For the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not rep­resented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the H......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193...

Category: Company Law | Date: | Hits: 175

Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)

....sion (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Mahfuzul Haque........................................Petitioner Vs. The People's Republic of Bangladesh represented by the Deputy Commissioner, Satkhira and others....................................n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in:   ......olved: Harendra Nath Nondy, Advocate, instructed by Mohammad Nawab Ali, Advocate-on-record - For the Petitioner. Syed Mahbubar Rahman, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1627 of 2007. (From the Judgment and Order dated 25th September, 2007 pas......n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in:   ..

Category: Others | Date: | Hits: 147

Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)

....f Tk. 200/-. Ed. This Case is also Reported in:   ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in:   ......ent and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in:   ..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....s also Reported in: ......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... 16th January, 2007 passed by the High Court Division in writ Petition No. 6024 of 2004 making the Rule absolute. 2. The writ petition was filed seeking direction on the Deputy Commissioner, Dhaka for paying compensation in respect of the land owned by the writ petitioners and acquired in L.A. Ca......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 80

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..

Category: Criminal Law | Date: | Hits: 84

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......gment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a char......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Naima Haider J Giasuddin Ahmed and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Case......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......s of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are as follows:- The petitioners joined the services of the Government o......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

.... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167....... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167....... judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect. 2. The aforesaid Rule arises out of the following circumstances: 3. The petitioner North Bengal Paper Mil...... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167...

Category: Labour and Industrial Law | Date: | Hits: 112

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

....rs reported in 10 DLR (1958) 632 it is held: "High Court will not entertain a revision application which instead of being moved before the District Judge under the proviso to section 153(b) of the Bangladesh Tenancy Act is moved before the High Court." In the aforesaid decision the principle l...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......parties to show cause as to why the impugned judgment and order dated 28.5.87 of the Court of Munsif, Satkhira passed in Title Suit No. 173 of 1984 should not be set aside. 2. Short facts relevant for the disposal of the rule are as follows: ‑ The petitioner as plaintiff No. 2 along with 2 o...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)

....Respondent No. 1. Writ Petition No. 563 of 1987. Judgment Nurul Huque Bhuiyan J. - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order of Registration of responden......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ereafter respondent No. 1 sent another letter dated 26.8.87 (Annexure‑AI) to the Managing Director, petitioner No. 1 with a request to fulfill the demands made therein. The petitioners came to know for the first time on receipt of the said letter dated 19.7.87 that the respondent No. 1 formed such......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..

Category: Labour and Industrial Law | Date: | Hits: 115

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....91) 372. ......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ......lder brother of the detenu calling upon the respondents to show cause why the detenu Mr. Moudud Ahmed, the Former Vice‑President of Bangladesh, now detained in his own house should not be brought before this Court so that it may certify itself that he is not being held in Custody without lawful au......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ...... instance of the plaintiff‑appellant is directed against the judgment and decree dated 18.2.1989 passed by the 3rd Court of Subordinate Judge, Dhaka in Title Suit No. 29 of 1983 dismissing the suit for Specific Performance of Contract for sale of the suit property after declaring that the defendan......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

.... addict from the time of his studies in America and he had been arrested on several occasions due to his drug addiction and he had also received treatment for his addiction in New Delhi as well as in Bangladesh. However, all this information was suppressed at the time of the marriage. It is alleged ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......dvocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advocate) instructed by Zahirul Islam, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No. 527 of 2011 (From the judgment and order dated 23.02.2011 passed by the H......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..

Category: Family Law | Date: | Hits: 327

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and others.................Petitioner Vs. Md. Mustafizur Rahman Kanchan..................eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ty Attorney General instructed by B. Hossain, Advocate-on-Record-For the petitioners. Fazlur Rahman Khan, Advocate instructed by Mahmuda Begum, Advocate-on-Record-For respondent. Civil Petition for Leave to Appeal No.1846 of 2010. (From the judgment and order dated 08.04.2010 passed by the ......eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 96

M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....ab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J M. Akbar Ali, son of late Akel Ali...............Petitioner Vs. Government of Bangladesh and others.........Respondents Judgment May 26, 2011. Result: The petition is......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......the petitioner. A.F.M. Meshbahuddin, Senior advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For respondent No.8. Not represented- Respondents No.1-7, 9 & 10. Civil Petition for Leave to Appeal No.396 of 2010. (From an order dated 14.01.2010 passed by the High Court Divi......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..

Category: Others | Date: | Hits: 148

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....shava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............................Petitioner (In Civil Appeal No.126 of 2006) Vs. The Government of Bangladesh and others.......Respondents (In both the cases) Judgment June 07, 2011. Lawyer......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: .......) Not represented- Respondents No.1-8 (In Civil Appeal No.218 of 2007.) Not represented- the respondents (In Civil Appeal No. 126 of 2006.) Civil Appeal No.218 of 2007 with Civil Petition for Leave to Appeal No.126 of 2006. Judgment Muhammad Imman Ali J. - Leave was granted to con......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 152

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the bainapatra. As the property was mortgaged with Bangladesh House Building Finance Corporation-defendant No.2, the plaintiff would redeem the mortga......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......vocate instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Nurul Islam Chowdhury, Advocate-on-Record-For respondent No.1. Not represented- respondent No.2 & 3. Civil Petition for Leave to Appeal No.2239 of 2010. Arising out of C.M.P.No.716 of 2010. (From the judgment a......reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ..

Category: Property Law | Date: | Hits: 98

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

.... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and another………..Petitioners (In Civil Petition No.1996 of 2009.) Nurul Absar Sha......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......d-For the Petitioner (In Civil Petition No. 2029 of 2009) Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..

Category: Property Law | Date: | Hits: 93

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

.... Ed. This Case is also Reported in: VIII ADC (2011) 185....... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185........) Md. Abu Siddique, Advocate-on-Record-For Respondent No.1 (In Civil Petition No.1305 of 2010.) Not Represented- Respondent Nos.2 & 3 (In Civil Petition No.1305 of 2010.) Civil Petition for Leave to Appeal Nos. 1302-1305 of 2010. (From the judgment and decree dated 12.4.2010 passed ...... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188