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Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

.... assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......automatically ceased to have its enforceability before the next Sessions of Parliament since the General Election are scheduled to be held in December 2008 and thus the impugned Ordinance in its life time given to it cannot be laid before the next Parliament and as such the impugned ordinance is des......er Government after taking supreme power found that there are lot of corruption in the society and thereby enacted Truth and Accountability Commission to dispense justice to the informer/offenders by recovery of the wealth accumulated by the offenders. He further submits that the Truth and Accountab......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....e if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......bstantially proving the charge levelled against convict-appellant. 6. In approaching and answering to the question posed, prosecution case projected in First Information Report and unfurled at the time of trial evidences, materials brought on record, fact and circumstances and contentions advance......ouse of Babul on the day of occurrence and they had been outside the house along with him. He further stated that Sunil Kumar Sen, Constable Zulfikar and Constable Yousuf Ali did not witness place of recovery of the arms and they, also, did not disclose anything to him. 13. PW 4, another Constabl......that articles kept in court were those seized articles. 12. PW 3 Police Constable in his evidence stated that he along with Sub-inspector of Police, Daroga Motiur Rahman and local people recovered arms from the house of convict-appellant and prepared seizure list. He stated that convict­-appella..

Category: Criminal Law | Date: | Hits: 84

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....cated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......iary’ yard of the plaintiffs. It was also agreed that the plaintiff would pay customs duty. The plaintiff did not comply with any terms and conditions of the contract. 9. They denied that at the time of sanction of the loan the plaintiffs had a balance of Taka 1,44,87,474 in their account. They......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ..

Category: Civil Law | Date: | Hits: 92

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

....n, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Result: The Rule is discharged. Lawyers Involved: Ahmed Husain, Advocate - In Person. Md. Serajul Haq, Advocate - For the Respondent No.2. Mahmudul Islam with Nahi......ion. Telephone is stated at serial No. SO 12 of the list of vatable services given in the second schedule of the VAT Act. 1991. However, the lists thus provided are not final. The Government may from time to time as it thinks necessary, provide with respect to any description of transaction that it ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

.... the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......gery on that score is also not maintainable and, as such, the proceeding should be quashed. We are of the view that at this stage this point cannot be considered by us which can only be raised at the time of trial. From the conspectus of the above discussion and on meticulous analysis of fact and......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ..

Category: Criminal Law | Date: | Hits: 94

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ted Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......ulter within the meaning of the Bank Company Act is accepted then the position would be that a guarantor who stood surety and undertook to repay certain bank loan or dues but failed to pay within the time agreed upon, no mechanism or machinery prescribed by such law for recovery of the loan from the......osition would be that a guarantor who stood surety and undertook to repay certain bank loan or dues but failed to pay within the time agreed upon, no mechanism or machinery prescribed by such law for recovery of the loan from the borrower would be available to the bank for recovery of the loan from ......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....r Rashid J Abdur Rashid Chowdhury............................Petitioner Vs. CA Hamid and Co. Ltd. and others.............Respondents Judgment February 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (......ere permanent directors of the company. 18. It appears from the registry of notice and minutes of the meetings of the board of directors that on 19‑6‑99 both brothers sat together for the last time in a meeting of the board. In the meeting, the minutes of the last meeting was read and confirm......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

....ted in: 57 DLR (2005) 145. ......mbers. It follows that in a case where the Registrar purports to act so as to prevent an alleged misdeed by a member of a Society from being investigated by a criminal Court, he should possess at the time when he exercises his option to visit them with punishment within his disciplinary jurisdiction...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

....Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Farid Ahmed J Safiqur Rahman (Md.) and others..............Petitioners Vs. Ambia Khatoon and others.....................Respondents Judgment January 10, 2004. Cases Referred ......e learned Advocate for the petitioner. In the result this Rule is discharged without any order as to costs. The order of all further proceedings of Miscellaneous Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacate...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....forms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......It further appears that a statutory notice dated 1‑3‑2003, as evidenced by Annexure 'C' to the application, was in due course served upon the respondent Association. He waited for a great deal of time and when no response was received by the petitioner nor was there any payment from the responde......which has been interpreted both by the Common Law Courts as well as by the Courts of this Sub‑continent. It appears that the concept of debt had its place in the mediaeval Common Law in England for recovery of definite sum of money on a promise to pay and after the conquest of Indian Sub‑contine......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....er and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result: This Rule Nisi is made absolute. Lawyers Involved: Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjibul Alam, Advocates—For the Petitioners. Fida M Kama......nance XX of 1982, some other provisions were repealed but not the Ordinance No. XI of 1978 and in that view of the matter the said provisions shall still be applicable subject to amendments made from time to time while allowing the remuneration and privileges of the Election Commissioners because, h......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

.... Ed. This Case is also Reported in: 57 DLR (2005) 109. ...... disconnecting the electric line but the trial Court refused to grant injunction whereupon the Petitioners filed Title Appeal No.130 of 1995 which was pending before the court of Subordinate Judge at time of moving this petition. However, the petitioner No.2 along with 3 others voluntarily surrender......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....bur Rahman—For the Petitioners. Enayetur Rahim with Md. Jahangir Alam—For the Opposite Parties. Civil Revision No.4194 of 2001. Judgment Afzal Hossain Ahmed J.- This Rule is directed, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 pass......y after about 24 years of his first written statement dated 19‑8‑1977 accompanied by an application (Annexure-D) for acceptance of the additional written statement wherein he denied for the first time the plaintiffs case which he did not deny in his earlier written statement (Annexure-A). The le......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...

Category: Property Law | Date: | Hits: 50

Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)

....is Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......d broke furniture of the house and then took away golden chain cash money, etc by breaking open key of the almirah whereafter the local people caught hold of him with the incriminating weapons at the time of his retreat. The accused appellant kept the weapons with him and allegedly committed the off......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ......eport and the seizure list a dagger 18" in length and one razor 8" in length were recovered from the possession of the accused appellant but a dagger or a razor does not come within the definition of arms as given in the Arms Act and, as such, it cannot be said that the accused appellant has committ..

Category: Criminal Law | Date: | Hits: 78

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

....d dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ...... declined. After such refusal the plaintiffs had definite cause of action to sue. 6. Secondly, he submitted that even if the suit was conceded to be premature on 6‑5‑92 but with the passage of time matured and the plaint could not be rejected upon such ground. In support, he cited Lebu Mia Vs......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....rs Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Result: The Rule is discharged. Case Referred to- Lala Brij Lai Vs. Musammat Inda Kunwar, (1914) 23 Indian Cases 715; Mohammad Nuh Vs. Brij Behari Lal, (1924) 82 Indian Cases......ti. After about 60 years of the alienation and death of Sumati in 1979, now they cannot challenge the alienation in the present suit as framed for partition simpliciter. 15. He submits that at the time of alienation on 14‑5‑42, defendant No.1 was minor and his father actually did everything o......ide alienation or for possession already become hopelessly barred by limitation. The plaintiffs therefore, consciously and deliberately did not seek any such relief of setting aside the alienation or recovery of possession. 33. In the circumstances, when the plaintiffs did not or could not seek a......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

....al Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Intertek Testing Service (BD) Ltd. and another..........................Petitioners Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents Judgment ...... against any decision or order relating to any duty demanded in respect of goods which have ceased to be under the control of customs authorities or to any penalty levied under this Act shall, at the time of filing­ his appeal or, if he so permitted by the appellate authority, at any later stage be...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

..... SK Dey and another, 44 DLR (AD) 104; Rupali Bank Ltd Vs. Md Arah Ali and others, 7 BLC (AD) 1; Fazlul Karim Vs. Agrani Bank and others, 45 DLR 375. Lawyers Involved: Md. Khalilur Rahman, Advocate ‑ For the Petitioner. AKM Ashiful Haque, Advocate ‑ For the Opposite­ Parties. Civil ......end the application of this protection to employees of a statutory corporation on the ground of natural justice. This protection can only be extended by statutory Rules and it is apparent that at the time of dismissal of the plaintiff from the service in 1979 no statutory Rules afforded this protect...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..

Category: Employment/Service Law | Date: | Hits: 122

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

....C Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsprint Employees Union, 25 DLR (SC) 85 ref. Lawyers Involved: Md. Khalilur Rahman with Zubayer Rahman Chowdhury, Advocates ‑ For the Petitioner. MA Azim Khair, Advocate ‑ For Respondent No 2. Writ Petition No......arb of termination simpliciter by way of victimisation for his trade union activities. In this case, it is admitted that the respondent No. 2 was a worker under the petitioner-company at the relevant time and there was also a Central Bargaining Agent (CBA) for the workers of the petitioner-company. ...... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502....... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502...

Category: Labour and Industrial Law | Date: | Hits: 152

Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)

....11) 361.......007, under section 409/109 of the Penal Code, 1860 and section 5(2) of the Prevention of Corruption Act, 1947 read with Rule 15 of the Emergency powers Rule, 2007, against 13 (thirteen) persons. This time impleading the petitioner as the accused No. 13 with the allegation committing offence under se......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361.......tioner is concerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 361...

Category: Administrative Law | Date: | Hits: 173