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Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....f Managing Director, Director Company Secretary and Director of the company respectively and it is also the Case of the plaintiff that appellant No.1 wrote to respondent No. 2 on 2-5-99 asking him to hand over all papers and documents of the company on or before 9-5-99. Thereafter the respondents in......ne 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Government of the State of Jammu & Kashmir 1973 PLD 62; Lakshmi Narasimhiah and others Vs. Yalakk......t Court, Dhaka in Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meeti..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....cles of the procedural law and empowers it to do complete justice. Ends of law are justice and the paramount duty of the Court is to ensure and uphold the banner of justice. 23. In the Case in hand the decree with respect to the maintenance of First plaintiff, the wife of First defendant No. ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....pt of Court Act and also under the Constitution of Bangladesh. In support of their submission they have referred to the Cases Sir Edward Snelson Vs. The Judges of the High Court, PLD 1961 SC 237; MH Khandaker Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Kri......h a Rule should be issued. 5. The learned Attorney General, Mr Mahmudul Islam appeared in this matter. At the very outset Court posed a question saying that Mr Attorney-General is part of the Government, part of the Judiciary and the Leader of the Bar of Bangladesh. In what capacity he wanted...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....arred by limitation. In support of his submission Mr. Ali has referred a Case between Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, reported in 44 DLR (AD) 9. 4. On the other hand, Mrs. Reba Kaniz, the learned Advocate appearing on behalf of the defendants-respondents, submi......ation under section 5 of the Limitation Act and neither the application under rule 19, Order 41 of the said Code nor the application under section 5 of the Limitation Act having been opposed and controverted by the defendants-respondents and there being no evidence taken in the Case on the issues bo......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....mpugned order is liable to be declared to have been passed without lawful authority and of no legal effect. 5. Mr. Oziullah, learned Advocate appearing for the respondent Nos.4-7, on the other hand, submits that the Special Tribunal on consideration of the facts and circumstances of the Case ......Division (Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment Augus......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....u Muhammad and others (AIR 1967 (SC) 903; 28 DLR (SC) 185; Fisher Vs. Owen 1878 8CD 645; Cracknall Vs. Janson 1879 11 CD 1; (1891) 15 Born 488; Zamindar of Tuni Vs. Bennayya (1899) 22 Mad 155; Hukum Chand Boid Vs. Kamalanand Singh (ILR Vol 33 927); Fazal Ellahi Vs. Crown 5 DLR (FC) 44 = PLD 1958 (FC...... the Title Suit No. 49/86 in the Court of the Assistant Judge, Muradnagar, impleading the opposite party Nos. 1-7 as the defendants. He filed the suit for a declaration of his title to and possession over the suit land. The defendant opposite party Nos. 1-7 contested the suit by filing a written sta......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
.... bail that will not in any way hamper the inquiry proceeding under the Extradition Act, 1974. 6. Mr. Shamsuddin Chowdhury, learned Deputy Attorney-General appearing for the State, on the other hand, submits that the petitioner was arrested on 6-11-1999 under the provision of section 54 of the......e and he was not aware that he was implicated in the Case. The petitioner was arrested on 6-11-1999 under section 54 of the Code of Criminal Procedure and that he was released at the instance of the Government on 16-3-2000. Thereafter, on 25-3-2000 when he voluntarily appeared before the Court on th......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....adduce any other fact or material before us to support his allegation that petitioner is not the original owner of the building, rather he is an impostor of the original owner. 9. On the other hand, the petitioner has submitted sufficient documentary evidence to prove that he is the original ......uthority and thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......nd ICB agreed to reschedule the principal amount of loan and waive accumulated interest and penal interest and that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate pa......o the registered office of the company as well as the premises of the company’s firm. The allegation of the petitioner is that the action of the respondent No. 2 is a continuation of the oppressive management prevailing in the company for more than a decade. The affairs of the company are being co..Category: Business or Commercial Law | Date: | Hits: 198
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....on for the instant suit that on 7-5-1991 they instituted Title Suit No. 92/91 (subsequently renumbered as Title Suit No.177 of 1994 claiming the land in dispute measured about 0.94 acre, on the other hand, the defendants concealing the actual area of the suit land and practicing fraud upon the Court......n was first leased out to defendant No.9 and subsequently the defendants entered into an agreement with defendant No. 9 in 1989. So, the claim of the plaintiffs as well as the claim of the defendants over the present suit land was examined both by the trial Court and High Court Division in respect o...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....eported in 44 DLR 533 and the Case of Noor Ahmed Vs. Fariduddin Ahmed and others, reported in BCR 1987 (AD) 152. 5. Md Amjad Hossain, the learned Advocate for the opposite party No.1, on the other hand, submits that the Assistant Commissioner (Land) while initiating a proceeding of mutation of th...... us examine other laws as to the meaning of the term ‘Revenue Court. In the Tenancy i.e. The State Acquisition and Tenancy Act only speaks of “Revenue Officer” includes “any officer whom the government may appoint to discharge all or any of the functions of a Revenue officer under this Act o...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
....h putting in the vagrant home is being done contrary to the provision of law ignoring the broad fact that the prostitutes are above the age of 18 years and in the camouflage calling the guardians and handing to them that they illegally abused the provision of law under the Act of 1950. The responden......pecial Original Jurisdiction)
Present:
Md. Fazlul Karim J
Md Abdul Wahab Mia J
Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others.............Petitioners
Vs.
Government of Bangladesh and others....................Respondents
Judgment
March 14, 2000.
......r was registered as GDE dated 28-7-99 and the same was endorsed to sub-inspector for taking necessary action and on enquiry have found them to be vagrants staying at vagrant home at Gazipur under the management of the respondents 2 and 3. The allegation against the respondents is merely on surmise a..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....ivision further found that the prosecution could not prove the presence of the accused Sadequl Islam Tusar in the house during the occurrence. The High Court Division held:- "In the case in hand, none of the witnesses stated that condemned prisoner or any of the accused was present in the ......arly. On the following morning, accused Sadequl Islam Tusar left the house of the informant. On 09.09.2003 at 9.00 P.M. sister of the informant, Shahida Yasmin Nilu (P.W.11) informed to the informant over phone that accused killed Sabina Yasmin Rakhi for not satisfying the demand of dowry. The accus......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....t No.4 Chittagong Port Authority. Subsequently by letter dated 06.04.1994 (Annexure-K) the management of the writ respondent No.1 M/S Amin Agencies requested the writ respondent No.4 to allow them to handover the said land of 0.75 acre to the writ petitioner company. Later on a further prayer of the.......4 Chittagong Port Authority. Subsequently by letter dated 06.04.1994 (Annexure-K) the management of the writ respondent No.1 M/S Amin Agencies requested the writ respondent No.4 to allow them to handover the said land of 0.75 acre to the writ petitioner company. Later on a further prayer of the wri......at the back yard measuring 0.75 acre in favour of the writ petitioner company and thereby allow the writ petitioner to take lease of the said 0.75 acre of land from the respondent No.4, CPA which the management of respondent No.1 agreed, subject to taking permission from its controlling authority wr..Category: Property Law | Date: | Hits: 33
Azam Reza Vs. State, 2010, 39 CLC (AD)
....th. The doctors rightly opined that the death of the deceased was due to head injuries, which was ante-mortem and homicidal in nature. In this way we are unable to agree with above submission of Mr. Khandker Mahbub Hossain. Thus it is well established that the deceased was done to death. After inten......deceased. On the night following 08.01.2004 in the bedroom the accused assaulting the deceased intentionally caused her death. 5. On 09.01.2004 at 1.30 P.M. Shampa Reza, the sister of the accused, over telephone informed Mr. Mahbubur Rahman, husband of Dr. Sati Munshi, the sister of the decease......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....the three accused-persons by the light of the Hurricane and also when the accused No.1 focused torch towards her husband uttering that they came to kill him and at that the accused No. 2 caught the hand and chin of her husband. On hearing the scream of her husband she woke up and saw that the accu......fe imprisonment on the convict-appellants, who are in jail last for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and circumstances of the case and the overt-act on the part of the review petition. The application of provisions of Sections 326 and 307 ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..Category: Criminal Law | Date: | Hits: 45
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....such, he submits that the High Court Division wrongly and erroneously made the Rule absolute and upheld the order of rejection of the prayer for pre-emption by the trial Court. 8. On the other hand, Mr. Syed Mahbubur Rahman, the learned Advocate-On-Record, submits that the Courts below found ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
.... spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours. 3. Being aggrieve......e of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, directed the appellant to hand over possession of the suit property to the defendant within 24 hours. 3. Being aggrieved, th......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....the lower Appellate Court correctly held that the plaintiff failed to prove title to suit land on the basis of accretion of the land to the riparian owner i.e. the ex-landlord. 6. On the other hand it is undisputed from the plaint and written statement that suit land is the accreted char land......l) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
...., the petitioners and B.N.P. took a public stand, both inside and outside Parliament, that the two members upon their joining the Awami League Cabinet ceased to be members of Parliament. On the other hand, each of the concerned members had tried to defend their position by claiming that Article 70 o...... Party of the B.N.P. Ignoring the parliamentary rules and practices and knowing very well that the B.N.P. is the principal opposition party in Parliament and it is opposed to the idea of a consensus Government, those members crossed the floor as members of Parliament and took oath of office as Minis......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
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