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M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Surendra Kumar Sinha J M/s. Bangladesh Catfish Limited and others ……………......Petitioners Vs. Sunny Fish Agency a......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991.......sion (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Surendra Kumar Sinha J M/s. Bangladesh Catfish Limited and others ……………......Petitioners Vs. Sunny Fish Agency and Trading and others ...........o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 991...

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....tter No. 11 of 2001. Judgment KM Hasan J.- The facts, as stated in the petition, are that the respondent No. 1, Base Textile Limited, a private limited company was incorporated under the law of Bangladesh on 27-4-1993 (True copies of the Certificate of Incorporation and Memorandum and Articles......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......) 3 SCC 333. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud, Sheikh Hassan Ariff, Mubina Asar Rahman, Advocates— For the Petitioner. Dr. M Zahir with M Hafizullah, SK Siddique and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminu......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..

Category: Company Law | Date: | Hits: 247

State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)

....of 2004 with Jail Appeal No. 800 of 2004 with Jail Appeal No. 819 of 2004). Order Mohammad Fazlul Karim CJ.- These applications under Article 103 of the Constitution of the People's Republic of Bangladesh are directed against the judgment and order dated the 25th day of November, 2007 passed b......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......aur Rahman..........Petitioner (In Criminal Petition No. 32 of 2009) Vs. Abdul Kader @ Mobail Kader…………........Respondent (In Criminal Petition No. 193 of 2008) Abdur Razzak Khan @ Thandu...............Respondent (In Criminal Petition No. 194 of 2008) The State........................e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surren­der forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984...

Category: Criminal Law | Date: | Hits: 46

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....ad Fazlul Karim J. - This appeal at the instance of the contemner-appellants arose out of judgment and order dated 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting t...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971....... Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another ............Appellants Vs. Akhtaruzzaman Chowdhury…………….....Respondents ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

Government of People's Republic of Bangladesh Vs. Mohammad Alamgir Hossain and others, 2009, 38 CLC (AD)

....Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of People's Republic of Bangladesh represent­ed by the Deputy Commissioner of Bogra and others...................Petitioner......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968.......mad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of People's Republic of Bangladesh represent­ed by the Deputy Commissioner of Bogra and others...................Petitioners (In both cases) Vs. Mohammad Alamgir Hossain and othe......eals and affirming the judgment and decree of the trial Court. We find no substance in these peti­tions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 968...

Category: Property Law | Date: | Hits: 44

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....oceeding and subsequent order passed in Artha Zari Case No. 325 of 2004 the petitioner preferred Writ Petition being No. 8267 of 2008 under Article 102 of the Constitution of the People's Republic of Bangladesh before the High Court Division and on 06.11.2008 the High Court Division was pleased to i......t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers …........t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ..

Category: Civil Law | Date: | Hits: 96

Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)

....ary, 2010 passed by the High Court Division in Writ Petition No.393 of 2010). Order Mohammad Fazlul Karim J. - This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 19th day of January, 2010 passed b......f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955....... Division (Civil) Present: Mohammad Fazlul Karim CJ Bijan Kumar Das J Md. Muzammel Hossain J Dr. Qazi Faruque Ahmed………………….......Petitioner Vs. Mahbub-ul Karim and others...................Respondents. Judgment March 3, 2010. Lawyers Involved: Ro......f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955...

Category: Civil Law | Date: | Hits: 103

Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)

.... This Case is also Reported in: VII ADC (2010) 949. ......r book is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......vil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Parjatan Corporation, represented by its Chairman, Setu Bhaban, Airport Road, Dhaka and others……………..Petitioners (In both cases) Vs. Md. Ali Hossain & another……......r book is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ..

Category: Employment/Service Law | Date: | Hits: 95

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

.... increased the age limit of the Government candidate from 40 to 45 years for this year only (Annexure-D and D- 1). The Medical Education Division, Ministry of Health and Family Welfare, Government of Bangladesh, in its recent deputation policy circulated by memo dated 3-2-98 (Annexure-E) for Post Gr......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Arayesuddin J Dr. Manzoor Rasheed Chowdhury …………Petitioner Vs. Principal, DMC Dhaka and others………………. Respondents Judgment May 8, 2000. Cases Referred To- Rite......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..

Category: Others | Date: | Hits: 100

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....n at present residing at Plassid Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Respondents Judgment November 16, 20......arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ...... Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Respondents Judgment November 16, 2009. Result: The Rule is di......arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ..

Category: Anti-Corruption Laws | Date: | Hits: 171

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ivision (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J M. Anwar Hossain and others........................petitioners Vs. Government of Bangladesh and Others............Respondent Judgment December 4, 2008. Cases Referred To- ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ......o Reported in: 29 BLD (HCD) (2009) 703. ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..

Category: Property Law | Date: | Hits: 35

Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....vision (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is discharged......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..

Category: Banking Law | Date: | Hits: 205

A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

.... Mir Hashmat Ali J Md. Nuruzzaman J A.B.M. Nurul Islam, Son of late Md. Azimuddin Mandal, Village-Jamalpur, P.S. Joypurhat, District-Jaypurhat….………………….Petitioner Vs. Bangladesh Sericulture Board, Rajshahi, represented by it’s Chairman, Police Station- Boalia, Dist......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......D (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..

Category: Employment/Service Law | Date: | Hits: 104

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..

Category: Property Law | Date: | Hits: 32

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....l Original Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fa......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim ......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....itioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court Di­gest 1972-1977, Volume I at page 65; Shahjad......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court Di­gest 1972-1977, Vol......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...

Category: Procedural Law | Date: | Hits: 80

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....reme Court High Court Division (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Torab Ali....................................Petitioner Vs. Bangladesh Textile Mills Corporation & another..........................Respondents Judgment ......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......ed in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mills Ltd., at Dham......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

.... of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff filed Admiralty Suit No. 2 (Ctg) of 1988 for compensation in the Admiralty Jurisdiction of the High Court Division of the Supreme Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, Advo­cates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff fil......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....mad Abdur Rouf J Syed Fazle Ahmed J Md. Monirul Hoq son of Late Haji Abid Ali, Chair­man, Chandina Upazilla Parishad, Chandina, Comilla......................Petitioner Vs. Government of Bangladesh represented by the Secretary, M/O. Local Govt. & Rural Dev. of Bangladesh, Dhaka &......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......9) 108.......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....hury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and Rehabilita­tion Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit prem......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103....... December 13, 1988. Cases Referred to- Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain, 1984 B.L.D. (AD) 298; P.K. Chakraborty Vs. A.P. Chowdhury and others, B.L.D. 1981 (AD) 19 Lawyers Involved: Md. Nawab Ali, Advocate—For the Petitioner......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103...

Category: Property Law | Date: | Hits: 28