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General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
.... Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No.4. Muhammad Salahuddin - For Proforma-Defendant-Respondent No.5. ......w blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and, also, for a decree of permanent injunction Plaintiffs as appellant's appro..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registra...... in view of a particular fact that plaintiff’s application for getting lease of the suit land was previously not accepted. In other words, plaintiff in this suit is entitled to get a negative declaration, if the plaintiff succeeds on the basis of the evidence adduced................Herein ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....t July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effective for 30 days from the date of service of the order of detention The law enunciated in sub-sectio......he Constitution (Fundamental Principles of State Policy) in addition to the rights guaranteed under Articles 7, 27, 31, 32, 35(5) and 36 of the Constitution. 30. Liberty does not consist in mere declaration of rights of man. It does consist in the translation of those declarations into definite..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Md. Matiur Rahman and another, 2006, 35 CLC (AD)
....nal Attorney General, (Borhanuddin, Deputy Attorney General, with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Rccord-For the Appellants. A.S.M. Khalequzzaman, Advocate-on-Record- for the Respondent No. 1. Rokonuddin Mahmud, Senior Advocate, instructed by Md. Nawab All, Advo......ms authority within 7 days from the date of receipt of the certified copy of the order passed by the High Court Division. 2. The Respondent No. 1 filed the aforementioned writ petition seeking declaration that his goods covered by the Letters of Credit (in all thirteen) of different dates hav..Category: Business or Commercial Law | Date: 26 Jul, 2003 | Hits: 128
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....the judgment and order dated 26‑11‑1992 in Case No. 3 of 1992 by the First Court of Settlement refusing to exclude the house from the said 'Ka' list on the purported ground that the application before the First Court of Settlement was barred by limitation. 2. The writ‑petitioner‑respon......d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
.... the predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession o...... predecessor-in-interest of the petitioners and opposite party Nos.14‑28 as plaintiffs instituted Title Suit No.96 of 1956 in the Court of Subordinate Judge, (now Joint District Judge) Rangpur, for declaration of title of 'Ka' and 'Kha’ schedule land and for khas possession of th..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
.... -For the Petitioner (In both the cases) Ajmalul Hossain QC, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on-Record‑For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 1039 & 1040 of 2000 (From the judgment dated March 5, 2000 passed by......ntitled to absorption as permanent employees in similar way as the employees of batch Nos. 1‑27 were absorbed inasmuch as the Rule was not issued in such terms and in that view of the matter such a declaration is gratuitous inasmuch as the High Court Division has not granted any of the relief’s ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....hangir Alam Khan and others ………….Respondents Judgment April 22, 2003. The Companies Act, 1994 (XVIII 1994), Section 85(2) (3) If for any reason it is impracticable to call, hold and conduct a meeting on the happening of any circ......he parties, the Rule was discharged as infructuous by order dated 6th September, 1999. Thereafter, the added respondent, his wife and son filed a suit being Title Suit No. 210 of 1999 praying for a declaration that they were the Chairman and directors of the Company and also filed an application ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
.... section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by the applicant or by the court. Direction of the compa......and 5 of the company matter to establish the true assets and liabilities of the petitioner company and value of the shares held by the respondents who were the petitioners in the company matter; a declaration of the true value of the shares of the petitioner company. An order that the respondent..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....llip;…. Petitioners Vs. Cieng Tong Chong…………..Respondent Judgment 5th March 2003 Lawyers Involved: Md. Ataur Rahman Khan, Advocate-on-Rccord- for the Petitioners. Mahbudul Islam, Senior Advocate, instructed by A.S.M. Khalequzzaman, Adv......as leaving Bangladesh but prayer for return of the goods was refused. 3. Facts, in short, are that writ-petitioner came at the Zia International Airport on June 3, 2001 and made declaration of gold chains weighing 6040 gms for the purpose of assessment of duties and levies. The..Category: Others | Date: 5 Mar, 2003 | Hits: 114
....tioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 of 1995).
Judgment
Md. Fazlul Karim J.- This petition for ......8‑1993 imposing value added tax on the manufactured corrugated iron sheets, shortly CI sheets, by the respondent No. 4, the Assistant Collector of Customs, Excise and VAT, Division‑4, Dhaka for a declaration that the same has been made without any lawful authority and of no legal effect.
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2 1982. 5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ......quot; 11. Mr. TH Khan, the learned Counsel appearing for the appellants, submits that the instant suit for partition simpliciter is not maintainable without a prayer for declaration that the Exhibit Ga is not a genuine document. We notice that both the courts below foun..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....thMagh, 1376 B.S. in favour of the plaintiff; that on the date of execution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated M......itional Divisional Commissioner and thereupon restored the order of the Additional Deputy Commissioner, Revenue and the Upazila Revenue officer. 9. The plaintiff has filed the suit seeking declaration that the order of the Land Administration Board was illegal and void. The trial Court as..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....sistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 ...... seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 in the Court of Assistant Judge, 6th Court, Dhaka for declaration of his possessory right on the basis of Salami-purchase of the suit shop stating in shor..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....he respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon some blank forms, stamps and papers and also received their original share certificates representing that loan ......natures marked B (1), D (2), E (2), F (1), G (1) and I (1) upon the alleged instrument of transfer of shares. (Exhibit B) the original share certificates (Exhibits D and E), the alleged receipt cum‑declaration on a non judicial stamp (Exhibit F), letter of resignation from Directorship (Exhibit G)..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....titioners. KZ Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No.1. Not Represented‑Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This p...... the suit upon reversing the judgment and decree dated April 30, 1981 of the Court of Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967 dismissing the same. The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy pro..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....icle 102 The law is now settled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not ent...... connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as against the intermediate steps as a prelude to the making of that order seeking declaration as to the legality or otherwise of the intermediate or ad‑interim orders(s). In th..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....on Record ‑For the Petitioner Shahidul Islam, Advocate instructed by Md. Nawab Ali-Advocate-on‑Record ‑For Respondent No. 1. Not represented-Respondent Nos. 2‑86. Civil Petition for Leave to Appeal No. 638 of 2000. Judgment Mahmudul Amin Choudhury CJ.- This petition for......e short fact leading to this petition is that the decree‑holder in the aforesaid execution case as plaintiff instituted Title Suit No. 60 of 1989 in the court of Assistant Judge, Sherpur, Bogra for declaration of his title and recovery of possession for demolition of the structure standing on the ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....of 1908), Section 5 The government appearing as a litigant with a petition under section 5 of the Limitation Act and it is found that the government has given satisfactory explanation for delay in filing the case where there is substantial public interest involved, there is no wrong......s renumbered as Title Suit No. 72 of 1985 after being transferred to the second Court of learned Subordinate Judge, Chittagong. The petitioners filed the above suit against the respondent for declaration of title, confirmation of possession and for permanent injunction. The case of the peti..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
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