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Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....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. ......d others ....................Accused Petitioners Vs. Md Nurul Islam .......................Opposite Parties Judgment March 1, 2004. Result: The Rule is discharged. Cases referred to- Zakir Hossain and other Vs. State and another, 43 DLR (AD) 102; Mahir Molla and others Vs. St......nterpretation as it was spelt out by the Appellate Division in the case of Abdul Hye Khan and others Vs. State reported in 40 DLR (AD) 226. 8. Now in the present case whether the said principle of law would apply or not is the only question left for consideration. From the perusal of clause (c) o..Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....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.......rial Court that the plaintiffs have got a prima facie case and the balance of convenience and inconvenience in their favour are all based upon ignorance of law and cannot be sustained in law. Appeal, accordingly, succeeds. 28. Whatever we have expressed on law or facts of the case must be read f......ted 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short fa......t Judge failed to notice and decide the moot question as to whether the plaintiffs became defaulters under the Bank Company Act, 1991 and without deciding such question, he committed serious error in law in granting temporary injunction. 10. He submitted that admittedly the plaintiffs were guaran..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....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. ......les of association as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving director accordingly, called a meeting of the board of directors on 18‑11‑99 for the purpose of induction..................................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 (AD) 138; Ittefaq Group of Publicatio......constitution of the board of directors by removal of the Petitioner and transfer of shares by said Abdul Hamid Chowdhury to his four sons were all malafide and in violation of the articles as well as law. 7. Respondent No.3 to 7 however, opposed the application by filing an affidavit-in-oppositio..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... 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. ...... by a criminal Court, he should possess at the time when he exercises his option to visit them with punishment within his disciplinary jurisdiction over such member of the society. The provisions for according sanction is mandatory and the absence of proper sanction in cases coming under the section......Code. 3. Mr. Md. Ozair Farook, learned Advocate, appearing on behalf of the petitioner, submits, that the learned Magistrate has acted illegally in framing charge against the petitioner in failing to consider that the initiation of the proceedings for misappropriation of the bank's fund at the in......rly provides the mode of ascertainment by the Registrar of the misappropriation of the fund of the Co‑operative Society by any member of the executive committee or any member of the Society and the law does not enjoin any mechanism other than those mentioned therein i.e. as a result of the audit r..Category: Criminal Law | Date: | Hits: 89
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... 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. ......remedies available for restoration of a suit or proceeding under Order IX, rule 9 of the Code of Civil Procedure and the application of the Code of Civil Procedure was not excluded from operation and accordingly, the Miscellaneous Case for restoration of the pre‑emption proceeding under Order IX, ......upreme 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 t......able to a plaintiff or a petitioner to get rid of an order of dismissal of a suit by an ex parte decree or dismissal of a proceeding by an ex parte order. It is not therefore, the intention of the law making authority to limit the scope of a party to file an appeal only against an ex parte order ..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....sections (v) and (vi) of section 241 of the Act, and submits that it is an extraordinary jurisdiction conferred on the Court and the Court has enough power to pass a winding up order on the ground of justice and equity and in the interest of the Association. Mr. Nabi then submits that it cannot be s......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. ...............Petitioner Vs. Bangladesh Jute Mills Association and another...................Respondents Judgment March 28, 2004. Results: The application is dismissed. Cases Referred to- Webb Vs. Stanton, (1883), 11 QBD 518; Bancharam Majumder Vs. Adyanath Bhattacharja, ILR 36 Ca......Association on account of the non‑payment of his arrear salaries. The learned Advocate further submits that rule 6 of the Company Rules provides that this Court has inherent power under the Company law to pass an appropriate order in the facts and circumstances of a case. Mr. Nabi then submits tha..Category: Employment/Service Law | Date: | Hits: 144
....er dated 31‑8‑2003 (Annexure-E) regretted the contentions raised by the petitioners, rather, agreed with the views of the respondent No.1.
5. As such, the petitioners issued a notice demanding justice on 3‑12‑2003 by a telegraph, through their learned Advocate upon the respondents to with......d, as such, all the petitioners are the former public servants and had gone into retirement on reaching the age of superannuation. After such retirement, all the petitioners have been granted pension according to the relevant rules. As such, they are all pensioners. It is further stated in the said ......cial Original Jurisdiction)
Present:
ABM Khairul Haque J
Md. Miftahuddin Chowdhury J
Chief Election Commissioner and 3 others....................Petitioners
Vs.
Controller and Auditor General of Bangladesh and 4 others.............Respondents
Judgment
April 18, 2004.
Res......) Memo dated 21‑11‑2002 issued by respondent No.3 and (iii) Memo dated 9‑8‑2003 issued by respondent No.1 [Annexure-A and A(1) and A(2)], should not be declared to have been taken without any lawful authority and to be of no legal effect and unconstitutional being violative of Articles 27, 3..
Category: Employment/Service Law | Date: | Hits: 99
....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.
......resaid criminal case, the petitioner Nos.2 and 3 others paid Taka 40,000 as their fine and the petitioner No.2 wrote a letter on 15‑8‑1994 to the respondent No.3 requesting him to supply the bill according to the judgment of the aforesaid criminal case. But the respondent No.3 neither replied to......Case is also Reported in: 57 DLR (2005) 109.
...... to show cause as to why the Bill No.261467 dated 18‑10‑1994 issued by the respondent No.2 against matter No. 24442016 and of Account No. F/220 shall not be declared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a..
Category: Others | Date: | Hits: 135
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....ng after about 24 years and 15½ years after close of the plaintiffs' evidence without assigning any reason therefor has resulted in an error in the impugned judgment and order occasioning failure of justice and causing Serious prejudice to the plaintiffs and, as such, the impugned judgment and orde......mpugned judgment and order. 10. Now the matter that remains to be looked into is, whether the additional written statement (Annexure-C) filed by the defendant No.30 was accepted by the court below according to law. Here it may be pertinent to refer to rule 9 of Order VIII of the Code of Civil Pro......nd others..........................Petitioners Vs. Sudangshu Kumar Banik and others.......Respondents Judgment November 30, 2004. Result: The Rule is made absolute. Case Referred to- Nanjan Vs. Selai and others, AIR 1958 Madras 383. Lawyers Involved: Mohammad Nazibur Ra......lted in an error in the impugned judgment and order occasioning failure of justice and causing Serious prejudice to the plaintiffs and, as such, the impugned judgment and order are not sustainable in law and deserves interference. 6. Perused the revisional application, impugned order and other re..Category: Property Law | Date: | Hits: 50
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......rk order the petitioner company manufactured the said SPC Poles as per specifications of REB and supplied the same to different locations of REB by issuing 218 different Musuk-11 challans and REB accordingly received the SPC poles and issued valid receipt thereof in favour of the petitioner comp...... 61.
......-১০লক্ষ্য/জিওবি/০০৭/৪৭ dated 3-9-2008 issued by respondent No.5 demanding Taka 31,36,776 (Annexure-I) should not be declared to have been made and issued without lawful authority and are of no legal effect.
2. Background of the issuance of the Rule, in short,..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
....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. ...... proceeding becomes matured, such question of immaturity loses all defects and becomes cured; Lebu Mia Vs. Gonesh Chandra Nath and others, 34 DLR (AD) 220. If on 11‑5‑92 the suit could be matured according to said defendants, then, on 26‑2‑2001 the plaint cannot be rejected on supposed groun...... Sardar Jan Mohammad and another.... Appellants Vs. Lutfannessa and others..................Respondents Judgment August 22, 2004. Result: The appeal is allowed. Cases referred to- Lebu Mia Vs. Gonesh Chandra Nath and others, 34 DLR (AD) 220; AIR 1950 Cal 207; AIR 1918 Mad ......vendor and refusal by said defendants, the view of the learned Subordinate Judge that institution of the suit on 6‑5‑92 was still premature and the plaintiffs had no cause of action is seriously flawed. 13. Besides, Giasuddin died a bachelor. Defendant No. 1 is step‑sister of defendant Nos...Category: Property Law | Date: | Hits: 61
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....he defendants. The Court of appeal below reversed the decree without duty reversing the findings and adverting to the reasonings of the trial Court for such findings, which has resulted in failure of justice. 11. Elaborating, he submits that in Support of legal necessity defendant No.1 failed to ......and decree on various grounds. First, he submits that the trial Court has found that the defendant No.1 failed to prove legal necessity for the transfer by Sumati vide Exhibit A dated 14‑5‑42 and accordingly, held that the plaintiffs are entitled to inherit the estate left by Paban Mondal as adm......s.....................Petitioners 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 Beh......wife. Boro Panchi and Jhoharmoni were each survived by a son, defendant No.1, Krishnapada Biswas and Annadacharan Haldar respectively. The plaintiffs survived Choto Panchi. 3. Under Hindu Dayabagh law of inheritance, the three daughters inherited the suit land left by Paban Mondal in limited life..Category: Property Law | Date: | Hits: 64
.... 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.
......diction)
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
May 20, 2003.
...... Act' he submitted that had it been the intention of the legislature, it would have added the words, namely, or the order' after earlier phrase 'under this Act' as is always enacted in similar fiscal laws.
12. He referred to section 42 of the Value Added Tax Act, 1991 (Act XXII of 1991), in short..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....ned Special Tribunal was manifestly wrong in failing to weigh and sift the evidence on record as required by law and evidently fell in error in coming to his ultimate decision, occasioning failure of justice. 7. Mr. SM Aminul Islam, the learned Assistant Attorney General appearing for the State, ......ishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 is altered to a conviction under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 read with section 511 of the Penal Code and accordingly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) year......dhury J Abdur Razzaque (Md).....Appellant Vs. State……………………………Respondent Judgment November 9, 2003. Result: The appeal is allowed in part. Cases Referred to- Gopi Shanker and others Vs. State (Rajasthan), 1967 CrLJ 922; Lahore High Court Vs. Emperor, ...... learned Special Tribunal was manifestly wrong in convicting and sentencing the accused-appellant on a charge of rape and, as such, the impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....itted that the trial Court on consideration of the facts, circumstances and the materials on record rightly and legally decreed the suit and the Courts below committed no error occasioning failure of justice in decreeing the suit and in dismissing the appeal, calling for interference by this Court. ...... 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. ..................................Petitioner Vs. SM Nurul Islam and ors ...... ................Opposite Parties Judgment May 21, 2002. Result: The Rule is made absolute. Cases Referred to- New Dhaka Industries Ltd Vs. Ouamrul Huda and others, 31 DLR (AD) 234; Mobarakganj Sugar Mill......ing a written statement denying the material allegations of the plaint and contending, inter alia, that the suit is not maintainable in the present form as the prayers made therein are not tenable in law, the relationship between the petitioner-company and the plaintiff opposite party No. 1 was th..Category: Employment/Service Law | Date: | Hits: 122
Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)
.... 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........ Ltd …………..Petitioner Vs. Chairman, First Labour Court and another..................Respondents Judgment July 24, 2002. Result: The Rule is made absolute. Cases referred to- Secretary, EPIDC Vs. Serajul Huq, 25 DLR (SC) 80; Khulna Newsprint Mills Ltd Vs. Khulna Newsp......dent No. 2. 3. The Petitioner-Company contested the said complaint case by filing a written statement denying the material allegations contending, inter alia, that the case was not maintainable in law as it was not the case of dismissal, but a case of termination simpliciter under section 19 of t..Category: Labour and Industrial Law | Date: | Hits: 152
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
....concerned, the impugned proceeding is preposterous, vexatious, oppressive and the same amounts to an abuse of the process of the Court and that the same is also liable to be quashed to secure ends of justice. We find merit in the rule. In the result, the Rule is made absolute and the impugned ...... the petitioner was the M.D) was the highest offer. However the price quoted by the company of the petitioner was Tk. 40,94,000/-(forty lac and ninety four thousand) less than the estimated price and accordingly, as stated in the charge sheet, RAJUK by its Memo No. Rajuk/Estate/4067(3)Stha: dated 02......vocate with Ahsanul Karim, Advocate with Khairul Alam Chowdhury, Advocate with Aminul Haque, Advocate and Tanvir Hossain Khan, Advocate - For the petitioner. Md. Mosharraf Hossain Sarder, Deputy Attorney General with Khondaker Modarech Elahi, Assistant Attorney General - For the State. Khurshe...... petitioner; (4) that, the buyer of the property in question was Accom-Engineering Ltd., not this petitioner; (5) that the sale of shares of the said company upon revaluation is permissible under the law as well as the same has not been treated as an offence under any of the law of the land and (6) ..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332....... Advocates of both the sides and ultimately, on consideration of the evidences and other materials on record arrived at a finding that the plaintiff-bank is entitled to get a decree as prayed for and accordingly, decreed the suit against the defendant No. 3 on contest and ex-parte against the defend......or Alam …………………Appellant Vs. Sonali Bank and others…………………Plaintiff respondents Judgment January 5, 2011. Result: The appeal is allowed. Case Referred to- Prafullah Kumar Vs. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, ......Hossain, the learned Advocate appearing for the defendant-appellant after placing all the relevant materials on record submits that the judgment of the trial Court below is perverse being contrary to law and material evidence on record. 7. Drawing our attention to the opinion of hand writing expe..Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....Md. Saidur Rahman, reported in 56 DLR (AD) 19. He finally submits that the decisions of both the House Rent Controller and the Court of appeal below resulted in an error of law occasioning failure of justice which are liable to be set aside. 7. Mr. Abdul Quaim, the learned advocate appearing with......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342.......ional Jurisdiction) Present: Md. Delwar Hossain J Md. Ismail Hossain................Petitioner Vs. Al-haj Syedur Rahman Molla and another..............Opposite parties Judgment October 13, 2009. Result: The Rule is disposed. Case Referred to- Md. Osman Vs. Fatema Kha......for the month of May, 2005 he paid the rent on 16.6.2005 thereby he made himself a defaulter and since he was a defaulter and in unauthorised occupation of the case premises, he is not entitled under law to deposit the monthly rent with the House Rent Controller and the said case was liable to be re..Category: Property Law | Date: | Hits: 105
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ...... under this Guarantee shall be subject to the jurisdiction of the Courts at Dhaka." 6. By invoking that arbitration agreement so envisaged in the Guarantee, a Notice of Arbitration ("Notice") has, accordingly, being issued on 4.3.2010 communicating to the Opposite Party the fact of the Petitioner......t the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......s a necessary party is not only incomplete but also premature. 9. It is noted that the stance so adopted by the Opposite Party in questioning the maintainability of this Application is inherently flawed. This is due to the Opposite Party having ignored the fundamental nature of the relationship t..Category: Alternative Dispute Resolution | Date: | Hits: 222
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