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Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....nother Vs. Registrar, Joint Stock Companies and another, 39 DLR 1. Civil Appeal No. 32 of 2011. Judgment Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 20......vant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007 issued by the Registrar, Joint Stock Compani......7 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as petitioners (hereinafter referred to as writ-petitioners) filed the writ petition before the High Court Division challenging the notice bearing Memo No.RJSC2676(1-3)/1 dated 11.10.2007..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
....ving in the college and he was not entitled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ respondent No.1 to issue MPO in ......ctions of the writ respondents re-fixing his scale is a reduction of rank without any sanction of law. 5. Now the only question is whether the writ petitioner was legally entitled to a show cause notice before taking action against him. The answer to this point rests upon determination of two po...... respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....General - For the Respondent-State. Md. Khurshid Alam Khan, Advocate- For the Respondent No.2. Criminal Appeal No. 4813 of 2007. (Against the judgment and order of conviction and sentence dated 26.8.2007 passed by the Special Judge, Court No.2, Dhaka in Special Case No.2 of 2007.) Jud......d Anti-corruption Commission. 12. Barrister Nazmul Huda himself appearing on behalf of him and the appellant No. 2 submits that there was no commission from 07.02.2007 to 24.02.2007 and admittedly notice being Memo No.দুদক/২১-২০০৭ (অনু-২)৮০৮ তারিখ-২......the accused appellant No.1, Barrister Nazmul Huda under Section 5(2) of the Prevention of Corruption Act, 1947 and Section 161 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7(seven) years with a fine of Tk. 2,50,00,000/-in default to suffer rigorous imprisonment for 1(..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....e Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III dated 18.4.73, Annexure‑B, to the petition issued by the Respondent No.1 in so far as it relates t......se why the Notification No.403/Imn/III dated 18.4.73, Annexure‑B, to the petition issued by the Respondent No.1 in so far as it relates to the petitioner, Prof. Golam Azam, read with the show cause notice being No. Sha: Ma: (Bahi‑1)/138 dated 23.3.1992 (Annexure‑K) should not be declared to ha...... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....il Review Petition No.17 of 2011) Not represented- Respondent Nos. 1-3 and 6-8 (In Civil Review Petition No.18 of 2011) Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogou...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ...... Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogously with Civil Petition for leave to appeal No. 1045 of 2009) Order Md. Muzammel Hussain J. - For the reasons to be as..Category: Constitutional Law | Date: | Hits: 222
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....his Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/Na:gonj/15/2004-2005/19(Sangjukta)/2004 dated 31-1-2005 Pra (Annexure-'D') addressed to the Commissioner, Dhaka Division (Respondent No. 2......s passed as to this Court may seem fit and proper. At the time of the issuance of the Rule the parties were directed to maintain status quo in respect of the land as described in the schedules to the notices issued to the Petitioners namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situate......ed in the schedules to the notices issued to the Petitioners namely, 6.73 acres of land within Mouza-Ati, Siddirganj as situated on the southern side of the Dhaka-Chittagong Highway and as proposed for acquisition for the Dhaka Reporters Unit Multipurpose Society Limited for a periods of 4 (four) ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 12-4-2010 passed by the High Court Division in Writ Petition No. 7242 of 2009). Judgment ......false affidavit. Pursuant to such complaint, RAJUK took a resolution not to mutate the said plot in favour of Qazi Kamal. In the context of the matter, Qazi Kamal filed a Writ petition. This Division noticed that RAJUK had not taken any step to cancel the allotment of the original lessee, the vendor......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprietary concern, challenges the order dated 23-6-2011 issued by the respondent No.2 on behalf of respondent No.1 directing the Manager, Me......t of the letter, of guarantee. The bank (chartered bank) is only obliged to comply with the demand made by the Appellant Uttara Bank. It is nobody's case that there is any fraud of which the bank got notice." (underlined by me) 10. Fortified with the observations made above and the decision of th......ank Guarantee being No.74/2011 dated 14-3-2011 (Annexure-G). 2. The Background leading to this application is that the petitioner in course of his business opened Letter of Credit dated 27-12-2010 for the import of commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for R..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....he Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors having failed to pay the decretal ......the Ain, in brief), the learned Judge of the Adalat issued warrant of arrest against the petitioner. The petitioner came to know about the suit, the execution case, warrant of arrest, etc, from the notice published in the Daily Jugantor dated 24-9-2010 in Money Execution Case No.42 of 2002. This r......it Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Artha Rin Adalat No. 2, Dhaka arising out of Money Suit No. 27 of 1990. 2. Facts necessa..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conviction for the offence punishable under sections 302/34 of the Penal Code by his judgment and order dated 12.11.90, passed in Sessions Case No. 48 of 1989. By the same judgment and order the learned A......rth by the front side of his shop and he found absconding accused Sanwar and the deceased in the first rickshaw. On his query deceased Khasru told that they were going to Nabiganj Mela. P.W.7 did not notice who were in the other rickshaws. P.W.7 was not cited as a witness in the first charge‑sheet......riminal Revision No.1252(R) of 1992. Judgment Md. Badruzzaman J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Narayanganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conv..Category: Criminal Law | Date: | Hits: 91
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....in favour of the respondent No.1. 3. As stated in Arbitration Application No.1 of 2007 and bearing reference to the documents annexed to that Application, HELM had entered into two contracts, both dated 12-11-2006, with BCIC for the supply of two lots of 12,500 MT each of prilled urea in Bag with......celled by BCIC with the Performance Guarantees consequently risking forfeiture at which juncture HELM filed Arbitration Application No.1 of 2007 under section 7(Ka) of the Act only for a show cause notice to be issued on BCIC and HSBC as to why an Order restraining the encashment of the Performa......ies to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbitration No.1 of 2007 arises as a section 7(Ka) application for an Order of Interim injun..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....l, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) Judgment ......cution has examined Khandaker Belal Ahmed (P.W.1), Mahfuzur Rahman (P.W.14) and Nuru @ Milon (P.W.5) in support of the circumstantial evidence. P.W.1 simply stated that on the date of occurrence he noticed altercation between Mizan and Helal in front of Ashrafia Hotel near tannery intersection...... Lawyers Involved: Zahirul Haque Zahir, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the Hig..Category: Criminal Law | Date: | Hits: 53
....structed by Abu Siddique, Advocate-on-Record-For Respondent No. 2.
Not represented-Respondent Nos. 1, 3-4.
Civil Petition for Leave to Appeal No. 1896 of 2008.
(From the Judgment and order dated 22.09.2008 passed by the High Court Division in Writ Petition No.7430 of 2008)
Judgment
......marily rejecting the petition filed under Article 102 of the Constitution, being the Writ Petition No.7430 of.2008.
2. The above writ petition was filed challenging the legality of the auction notice published under Section 12(3) read with Section 33(1) of the Artho Rin Adalat Ain,2003, on th......, Advocate-on-Record-For the Petitioner.
Shamim Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For Respondent No. 2.
Not represented-Respondent Nos. 1, 3-4.
Civil Petition for Leave to Appeal No. 1896 of 2008.
(From the Judgment and order dated 22.09.2008 passed by the..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the High Court Division in First Appeal No. 415 of 2003.) Judgment Su......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......dvocate-on-Record-For the Petitioners Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the Hig..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....eneral, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.240 of 2009. ......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......y 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the A..Category: Administrative Law | Date: | Hits: 206
....Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.
Ex-parte-the Respondents.
Civil Appeal No. 46 of 2002.
(From the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No.1050 of 1998).......r Section 83 of the Income Tax Ordinance the tax as assessed upon such return has to be paid before filing of the application under Section 152D(1) before the Taxes Settlement Commission, failed to notice that the assessee-appellant has admittedly paid the tax on the basis of its return before fil......98 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company. It filed a return showing income at TK. 1,42,532.00 for the assessment year, 1994-95 but the Deputy Commissioner of Taxes, respondent No.2, completed ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.352 of 2008). Judgment ...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......ed: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the..Category: Property Law | Date: | Hits: 79
....ted by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the High Court Division in First Appeal No.117 of 1998).
Judgment
S......tion and sale of the properties.
11. On 13.01.1986, the plaintiff wrote a letter to the Deputy Secretary, Bangladesh Jute Corporation inviting attention about the publication of the alleged tender notice by the Muktijudhya Kallayan Trust-for auction sale of the property by tender which was long a......n-Record-For the Petitioner.
M.K. Rahman, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate -on-Record-For Respondent Nos.1-2.
Not represented-Respondent Nos. 3-5.
Civil Petition for Leave to Appeal No.1093 of 2010.
(From the judgment and order dated 17.02.2010 passed by the ..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....enior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos.2-9. Civil Appeal No.203 of 2004. (From the judgment and order dated 16.3.2003 passed by the High Court Division in First Appeal No.507 of 1999.) Judgment Su......umption and unless and until that is satisfactorily done the fact admitted must be taken to be established. 11. While discarding the defendant's deed, the learned Judges of the High Court Division noticed the case of Rafiqul Islam (Md.) Vs. Mir Abul Ali, 44 DLR (AD) 176 but failed to appreciate t......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p..Category: Procedural Law | Date: | Hits: 76
.....S. Sarker, Deputy Attorney General-For the respondents.
First Appeal No.105 of 2001.
Judgment
Sharif Uddin Chaklader J. - This appeal by the plaintiffs directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit ......oresaid schedule properties are owned by purchase by registered saf kabala by the plaintiffs, they mutated their names in the respective Saf kabala, paying rents regularly. Subsequently they have got notice that the suit land has been recorded by the defendants as enemy and non-resident property. Th...... directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga..
Category: Property Law | Date: | Hits: 66
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