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Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
..... 3 is also directed to file the concise statement withÂin 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.......nvestigation of a case is not maintainable. 7. Mr. M. Amirul Islam and Mrs. Tania Amir, learned counsel for the petitioners argued at length, took us the FIRs, the complaint and other connected papers including the impugned judgments and submitted that the High Court Division erred in law in f......in: VIII ADC (2011) 206.......ng Director of the company against which the Registrar, Joint Stock Companies filed a criminal case against them. In the absence of the respondent No.3, the petitioner No.2 was the custodiÂan of the documents and taking advantage of the situation, he manufactured the docÂuments. The case is under ..Category: Criminal Law | Date: | Hits: 70
M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)
....e instance of the writ respondent No.3 is directed against the judgment and order dated 28th October, 2009 of a Division Bench of the High Court Division in Writ Petition No.9509 of 2007. 3. Facts relevant for the disposal of this petition are that the respondents instituted the above writ petiti...... petition is not legally maintainable. The High Court Division upon hearing the parÂties was of the view that the Registrar may ask a Company to furnish information. explanation, books documents and papers under sections 193(1) and 193(6) of the Act in specified circumstances, that the Registrar ma......que CJ Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Ok-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order November 8, 2010. Lawyers Involved: M/s. Ok-...... that the writ petition is not legally maintainable. The High Court Division upon hearing the parÂties was of the view that the Registrar may ask a Company to furnish information. explanation, books documents and papers under sections 193(1) and 193(6) of the Act in specified circumstances, that th..Category: Company Law | Date: | Hits: 175
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....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: Â ......arned Deputy Attorney General for the appellants and Mr. A. F. M. Meshbauddin, the learned Counsel for the respondents and perused the impugned judgment of the High Court Division and other connected papers on record. 5. We have perused the application for condonation of delay. It appears that t....... Ed. This Case is also Reported in: Â ......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: Â ..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....e by the competent authority and the amount of compensation was estimated at Tk.82,07,471.81/- under section 7(3) of the Ordinance No.2 of 1982. 14. The High Court Division on consideration of the relevant provisions of law and after hearing the learned Counsel for the parties held that the posse......he learned Attorney General for the appellants and Mr. A. J. Mohammad Ali, the learned Counsel for the respondent No.6 and perused the impugned judgment of the High Court Division and other connected papers on record. 13. It is not disputed that the land belonging to the writ petitioners was acqu......rted in: .......1 acres of land of C. S. Plot Nos. 15, 16 and S. A. Plot Nos. 2615, 2616 and they as owners of the land on 16. 11. 2006 received notice under Section 7. She further mentioned that they submitted all documents before the L.A. Section filed on 23. 11. 2000 in Case No. 15/1999-2000 (Annexure- “D-1â€..Category: Property Law | Date: | Hits: 80
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....€‘Charge who investigated the case. Only the topography and distance of the place of occurrence from the police station was taken by him. 20. P.W.12 AZM Anwarui Islam was the UNO, Gaibandha at the relevant time. While performing the function of Magistrate on 28.10.86 the police brought the condem......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. ......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others......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
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....tal rights 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 Gov......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. ......1 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......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
Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)
....ormant identified the accused from back. P.W.11, S.I. Chowdhury Tariqul Alam, filled up the form of FIR which he proved as Exht.3. 12. P.W.13 S.I. Mollah Abdul Jalil, was Officer-in-Charge at the relevant time. He investigated the case, prepared sketch map and index, recorded the statements of t...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ul Karim, Assistant Attorney General -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by learned Ad...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ..Category: Criminal Law | Date: | Hits: 74
Sk. Abul Qasem and others Vs. Mayez uddin Mondal and others, 1992, 21 CLC (HCD)
....r in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for disposal of the Rule are as follows: On 16.8.88 the plaintiff opposite party No.1 in......of the case, it will be better to have an expert's opinion by examination and comparison of the LTI of the defendant No.1 appearing in the sale‑deeds with those admitted and available in some other papers of the suit and to thus enable the court to come to a correct decision as to the claim of the...... Reported in: 45 DLR (HCD) (1993) 169. ...... No.1 Nihar Bala appearing on two sale‑deeds 29.6.88 executed and registered by her in favour of the defendant‑petitioner along with some other LTIs of the said Nihar Bala appearing in some other documents filed in the Court in connection with the present suit. 2. Short facts relevant for dis..Category: Procedural Law | Date: | Hits: 84
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
.... Order 9 rule 13 of the Code of Civil Procedure and setting aside an ex parte decree dated 29.10.81 passed in Other Suit No.510 of 1981 and restoring the said suit to its file and number. 2. Facts relevant for disposal of the rule in a nutshell are as follows: The petitioner as plaintiff insti...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......LR (HCD) (1993) 164. ......earance to contest the suit; hence, the same was taken up for hearing ex parte on 29.10.81. Accordingly the learned Munsif examined the plaintiff‑ petitioner on oath and admitted into evidence some documents filed by the plaintiff and thereafter on consideration of the same decreed the suit ex par..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....ful authority and to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mil......satisfactory, dismissed him from service by letter dated 29.5.84. The complaint case was heard by the Labour Court and in the course of hearing no oral evidence of die petitioner was recorded and the papers filed by the parties were taken on record as exhibits and thereafter by judgment dated 15.6.8...... (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd..…..............Petitioner Vs. Chairman, Labour Court, Chittagong and another....................Respondents Judgment April 28, 1992. Cases Referred To- P......ur Court, Chittagong reported in 31 DLR (AD) 119 wherein the Appellate Division held that the High Court Division was not wrong in interfering with the finding of the Labour Court on the basis of the documents and certificate before it. The Appellate Division held: "In the instant case the findin..Category: Labour and Industrial Law | Date: | Hits: 120
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....he learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the Rule may briefly be stated as follows: The plaintiff‑petitioner in......ht, title and interest in the same in their favour; that the plaintiffÂ-petitioner played a foul game with her daughter from jail custody when he managed to obtain her signatures on some blank white papers allegedly necessary for release of her said daughter and she absolutely on good faith had sig......d Ansar Ali J Moyezuddin Mondal...............Petitioner Vs. Bena Rani Das & others.................Opposite Parties Judgment January 14, 1992. Cases Referred To- MA Jahangir and others Vs. Abdul Hakk and others, 41 DLR page 389; Kanda and others Vs. Waghu, 3 DLR (PC) 310; F...... is directed against an order being No.34 dated 16.3.89 passed by the learned Subordinate Judge, Rajbari in Title Suit No.42 of 1988 rejecting the petitioner's prayers for admitting or receiving some documents in evidence and for amendment of the plaint. 2. Facts relevant for disposal of the Rule..Category: Procedural Law | Date: | Hits: 76
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....opposite 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......stituted for the previous one and the order of dismissal can effect from the date of filing of the suit. 13. From the scrutiny of the application and affidavit‑in‑opposition and other relevant papers it is found that the order of suspension was made on 24.11.70 and the suit was filed on 10.6.......394. ...... 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
....to show that the detenu has been detained without any material available on the date of the order of detention and that to justify the illegal detention the respondents: are trying to introduce all irrelevant and extraneous matters.
6. By a subsequent supplementary affidavit filed on behalf of th......it as Annexures z‑5 and z‑6. In reply to this the petitioner by an affidavit‑in‑reply stated that what was stated by the Acting President of the Jatiya Party or what has been published in the papers those have no relevancy for the disposal or the case and all these go to show that the detenu......l Jurisdiction)
Present:
Mohammad Ismailuddin Sarker J
Md. Badruzzaman J
M Mahmood..................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Home Affairs and another.............Respondents.
Judgment
February 11, 1991.
Cases Referred to-
Liv...... opposed to the installation of the present Caretaker Government which is evident from his interview with the correspondent of British Broadcasting Corporation on 2.12.90 and 3.12.90 and the relevant documents as mentioned by Radio Bangladesh and the relevant document are annexed therewith and marke..
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 suit property to the plaintiff and by Memo dated 19.8.82 the DIT directed to deposit transfer fee of Tk. 5,05,000.00 plus Tk. 909.00 as service charge; defendant No. 2 published notice in the newspapers and also sent notice through his Advocate to the plaintiff claiming that the suit property be......rt Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Silver Estate Ltd ................................Petitioner Vs. Abdul Hakim Mia and others................Respondent. Judgment April 3, 1991. Cases Referred to- AIR 19......in the suit property. 9. The plaintiff is not legally entitled to any relief in the present suit. 12. Mr. HR Sharif, learned Advocate for the appellant after placing the pleadings, depositions, documents and judgment of the Court below made the following submissions: That the Court below ha..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....n No.4310 of 2010 disposing of the Rule, with observations and a direction upon the parties to strictly follow the terms and conditions of the solenama filed in the Family Suits. 2. The facts relevant for disposal of the instant petition, in brief, are that the petitioner Anika Ali and the r......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. ...... Ahsan, son of Monjurul Ahsan Munshi.........Respondents Judgment June 9, 2011. Cases Referred To- Abdul Majid Sarker Vs. The State, 55 DLR (AD)1; Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263; Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 50 DLR (AD) 55; A......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)
....he 1418 BS in due course at the rate to be fixed by the respondents before 14.04.2011 and failing which the respondents will be at liberty to give lease to 3rd party in accordance with law. 3. The relevant facts of the case, in brief, are that the writ-petitioner, respondent herein, applied for l......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: ......t 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.............................in the observation and direction given by the High Court Division. 7. We have considered the submissions of the learned advocates and perused the judgment of the High Court Division as well as the documents and materials annexed with this petition. We find merit in the submissions of the learned ..Category: Fiscal/Taxation Law | Date: | Hits: 96
M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....tory order dated 14.01.2010 passed by the High Court Division in Writ Petition No.6686 of 2009 vacating the order of status quo in respect of the Ad-hoc Committee of the school concerned. 2. Facts relevant for disposal of the instant petition, in brief, are that the petitioner founded the Momena ......, 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. ...... 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 dismissed......., 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. Both the aforementioned Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appeal No.126 of 2006, were heard together and this judgment shall govern both the matters. 2. The facts relevant for disposal of both Civil Appeal No.218 of 2007 and Civil Petition for Leave to Appeal No.......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: ...... (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bera Pourashava and another………………Appellants (In Civil Appeal No.218 of 2007) Md. Abdul Mazid ..............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
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are disÂmissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ...... 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 Shaheen……â......e Joint District Judge that the defendants failed to adduce any reliable evidence that Adhor Chand Mondal ever possessed the suit property. The learned Deputy Attorney General also submitted that the documents of the defendants proved that Krishna Mohan Mondal was the recorded owner of the suit prop..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)
....Order Surendra Kumar Sinha J. - The subject matter of these petitions and law points involved are idenÂtical. Accordingly, these petitions are disÂposed of analogously by this order. 2. Facts relevant for disposal of these petiÂtions are that in pursuance of an advertiseÂment made by the E...... 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.......ra Kumar Sinha J Bangladesh repreÂsented by the Cabinet Secretary, Bangladesh Secretariat, Dhaka ..........................................Petitioners. (In all the Cases) Vs. Md. Abdul Alim and others ………………..................................Respondents (In Civil Petition No.130...... 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
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