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Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....ly. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......h Court Division (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Habibur Rahman Khan J Bangladesh Chemical Industries Corporation & others................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. J...................Appellants Vs. Grand Basia Company Limited & others ...................................Respondents. Judgment March 12, 1990. Lawyers Involved: M Zahir with Ferdousi Shahab, Md. Firoz Shaha and FKMA Mahabub, Advocates ‑ For the Appellants. Kazi Golam Mahabub wi...... the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ..

Category: Property Law | Date: | Hits: 73

Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)

....risdiction of the Court, or (iii) has disposed of or removed from the local limits of the jurisdiction of the Court his property or any part thereof, or (b) that the defendant is about to leave Bangladesh under circumstances affording reasonable probability that the plaintiff will or may there...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Bari Sarkar J Abdul Hasib J Mosharraf Hossain Mia ...................................Petitioner Vs. Mosammat Hasina Begum and others...............Opposite Parties. Judgment May 13, 1990.......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ...... it is clear that the learned Subordinate Judge had no jurisdiction or authority to pass the order of arrest either under section 94(a) or rule 1 of Order 38 of the Code of Civil Procedure. 8. Mr. Md. Abdus Sobban, the learned Advocate for the opposite party No. 1, concedes that the Court has no ..

Category: Property Law | Date: | Hits: 85

Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)

....) 39 DLR 164; 1985 BLD page 335; 23 DLR (Peshwar) 12; Rahman Gul Vs. The State, 23 DLR (Peshwar) 12; Rustom Ali Mia Bhuiyan Vs. The State, 9 DLR 424; Abul Hossain and others Vs. The State, 37 DLR 59; Bangladesh Vs. Shahjahan Seraj, 32 DLR (AD) 1. Lawyers Involved: Md. Abdul Majid, Advocate ...... DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......imitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..

Category: Criminal Law | Date: | Hits: 70

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....eipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......eported in: 43 DLR (1991) 240. ......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......ths from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..

Category: Company Law | Date: | Hits: 165

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

....ss the context otherwise requires, 'person' includes a statutory public/authority and any court or tribunal, other than a Court or tribunal established under a law relating to the Defence Services of Bangladesh or any disciplined force or a Tribunal to which Article 117 applies." Article 117 of t......Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Serajul Islam ...................................Petitioner Vs. The Director General of Food..............Respondent. Judgment February 18, 1990. Re......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... Abdur Rab Chowdhury, Advocate ‑ For the Petitioner. Not represented- the Respondent. Writ Petition No. 309 of 1990. Judgment Fazle Hussain Mohammad Habibur Rahman J. - The petitioner Md. Serajul Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of ..

Category: Administrative Law | Date: | Hits: 175

Matiur Rahman Vs. Election Commission and Others, 1990, 19 CLC (HCD)

....as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229.......ecial Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Matiur Rahman…………………………………………………..Petitioner Vs. Election Commission and Others…………............Respondents. Judgment April 9, 19......as duly corrected the mistake brought to his nod through this Courts. Accordingly the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 229....... Fazle Hussain Mohammad Habibur Rahman J. - In this Writ Petition on 6.3.90 under Article 102 of the Constitution this Court directed the Election Commission to consider the petition of petitioner Md. Matiur Rahman under section 15 of the Electoral Rolls Ordinance, 1982 (Ordinance No. LXI of 1982..

Category: Election Law | Date: | Hits: 112

Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director Vs. The Chairman, First Labour Court of Bangladesh and others, 1990, 19 CLC (HCD)

....Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner. Vs. The Chairman, First Labour Court of Bangladesh and others……………….Respondents. Judgment April 17, 1990. Cases Referre......Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Eastern Pharmaceuticals Ltd, Dhaka represented by its Managing Director…………..Petitioner. Vs. The Chairman, First Labour Court of Bangladesh and others……………….Respondents. J......ned Advocate for the petitioner. On the contrary they go against him. In the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 223. ......rt, Dhaka and others, 32 DLR 265; Mohammad Motahar Hossain Vs. Bangladesh Jute Mills Corporation, 36 DLR (AD) 281; Bikash Ranjan Das Vs. Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280; Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 36 DLR (SC) 281; Bikash Ranjan Das V..

Category: Employment/Service Law | Date: | Hits: 89

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Fazle Ahmed J Dewan Mohammad Safare Ali & others…………………..Petitioner Vs. People's Republic of Bangladesh……………………………….Opposite Party. Judgment April 10, 1990. Law...... 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221...

Category: Property Law | Date: | Hits: 60

Chevron Lines Vs. Chairman, Bangladesh Oil, Gas and Mineral Cor­poration, 1990, 19 CLC (HCD)

....hevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijheel Commercial Area, Dh...... Islam Bhuiyan J Chevron Lines, a registered partnership with its office at Sheikh Mujib Road, Dewan­hat, Chittagong………………………………………………………..Petitioner Vs. The Chairman, Bangladesh Oil, Gas and Mineral Cor­poration (Petrobangla), 122-­124 Motijhee......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ......e said to be arbitrary or mala fide in any manner. Impugned letter of intent dated 1.1.1990 has therefore been issued lawfully and validly. Ed. This Case is also Reported in: 43 DLR (1991) 218. ..

Category: Others | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

.... case which petition the accused himself could have affirmed but he did not do so. 2. Facts leading to this, in short, are: that the accused who is the former President of the People's Republic of Bangladesh had resigned from the post of Presidency on 6th of December, 1990. He was arrested under ...... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Anwarul Hoque Choudhury J Habibar Rahman Khan J Hussain Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. ...... Pakira Purari‑prisoner, AIR (31) 1944 Mad 78; Regina Vs. Camborne justices and another, 1 QB 1955 page 78; Reg Vs. Rand, (1866) LR I QB 230 and 232. Lawyers Involved: Sirajul Huq with Kazi Shahadat Hossain, Mofizur Rahman Majumder, Sk. Rezaul Karim and Shareef Ahmed, Advocates ‑For the ......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

....se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Qazi Shafiuddin J Shaikh Baharul Islam...........................Appellant Vs. The State ...........................................Respondent. Judgment April 25, 199......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ......onvicting all the accused‑appellants as aforesaid. 2. The prosecution case, in short, is that Shafiqul Islam alias Arun being wayward, turbulent and unmanageable, his guardian and maternal uncle Md. Ali Hossain approached the Officer‑in‑Charge Baharul Islam on 23.10.86 at Ramna PS seeking h..

Category: Criminal Law | Date: | Hits: 87

Chairman, BCIC Vs. Md. Ali Akkas and others, 2010, 39 CLC (AD)

.... Appellate 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 The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In bot...... Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Chairman, Bangladesh Chemical Industries Corporation (BCIC) and oth­ers………….......Petitioners (In both the peti­tions) Vs. Md. Ali Akkas and others…………………………..............................Responden......ove, the submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, these petitions are dis­missed Ed. This Case is also Reported in: VIII ADC (2011) 181. ......is Case is also Reported in: VIII ADC (2011) 181. ..

Category: Employment/Service Law | Date: | Hits: 90

Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)

....ll be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......ance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 164

Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)

.... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ......5 DLR (HCD) (1993) 142. ...... KM Hasan J Nazrul Islam and others…………….Appellants Vs. The State...............Respondent Judgment December 10, 1991. Cases Referred To- State Vs. Md. Ali Kibria @ Shahajaban and others, 43 DLR 512; Waris and others Vs. State 1982 Pak. Cri. Law Journal 720. Law...... AKM Sadeque J KM Hasan J Nazrul Islam and others…………….Appellants Vs. The State...............Respondent Judgment December 10, 1991. Cases Referred To- State Vs. Md. Ali Kibria @ Shahajaban and others, 43 DLR 512; Waris and others Vs. State 1982 Pak. Cri. Law Jo..

Category: Criminal Law | Date: | Hits: 86

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....134.......(1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ices were issued upon the respondents to show case as to why they should not be proceeded with and prosecuted for committing contempt of this Court for scandalising the Judges of the Supreme Court of Bangladesh by publishing false, motivated, malicious and contemptuous commentary in the issue of Ama......ivision (Contempt Petition) Present ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Riaz Uddin Khan and another ……………..............Petitioners Vs. Mahmudur Rahman and others……………………………….Respondents Judgment Oct......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..

Category: Criminal Law | Date: | Hits: 124

Sarwar Hossain Moni Vs. State and another, 2011, 40 CLC (AD)

....ns are disposed of analogously by this order. 2. For our convenience we would like to narrate facts in Criminal Petition No.478 of 2010. The petitioner issued a Cheque on 30th April, 2008 drawn on Bangladesh Commerce Bank Limited, Bangshal Branch in favour of the respondent No. 2 which was presen......ate Division (Criminal) Present ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Sarwar Hossain Moni..........................................Petitioner (In both the cases) Vs. State and another.............................................Respondents (In both the cases......rrived at a correct decision. We, therefore, find no reason to interfere with the same. These petitions are accordingly dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ...... Ed. This Case is also Reported in: 16 BLC (AD) (2011) 71. ..

Category: Criminal Law | Date: | Hits: 118

Privatization Commission Vs. Golam Mostafa and others, 2011, 40 CLC (AD)

....ing facts: Government could not run Deshbandhu Sugar Mills (the Mills) properly because of multi­farious difficulties. In 1983, the Government of Denmark sanctioned a grant to the Govern­ment of Bangladesh to the tune of 200 million Danish Crooner out of which 65 million was allocated to the Ba......1) 239. ......h costs of Taka 50,000. The judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ...... Ed. This Case is also Reported in: 16 BLC (AD) (2011) 67, 31 BLD (AD) (2011) 173, 16 MLR (AD) (2011) 239. ..

Category: Civil Law | Date: | Hits: 90

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....litical unrest started in the country and during the whole year of 1971 the petitioner was unable to make his name entered in the share register of the company as a share‑holder. After emergence of Bangladesh President's Order No. 26 of 1972 was promulgated and by that Presidential Order all sched......in: 43 DLR (1991) 329. ......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ...... of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion and Land Reforms, Dha­k......Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Saifur Rahman………………………………………………..Petitioner. Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Administra­tion and...... Leave to Appeal No. 149 of 1985 was filed before the Appellate Division of the Supreme Court and was rejected by their Lordships of the Appellate Division. The order is at Annexure "E". His Lordship Shahabuddin Ahmed, J, as his Lordship was then, speaking for the Court observed "Mr. Khondker Mahbub......d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ..

Category: Property Law | Date: | Hits: 63