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Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
.... prohibition under clause C to section 195 (1) of the Code of Criminal Procedure would operate as a bar to a proceeding under sections 464/465/467/468 /469/471/109 of the Penal Code, against one who had used a photo copy of a document alleged to be forged in a proceeding under sections 406/420 of th......rs moved this Court under section 561 A of the Code of Criminal Procedure for quashment of CR Case No. 31 of 2000 and obtained the Rule where the further proceeding of the said case was stayed and ad interim bail was granted. 4. Mr. Nirmalendu Deb, the learned advocate for the petitioners has sub......nder sections 464/465/467/468/469/471/109 of the Penal Code for forging the document dated 13‑3‑1997 (i.e. agreement) by false personation. Upon receipt of the complaint the learned Magistrate by order dated 21‑11‑1999 sent the complaint to the District Anti‑Corruption Officer (DACO), Habi......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)
....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 facts for disp......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.......cates—For the Respondents. First Miscellaneous Appeal No.304 of 2004 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 ......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)
....ebruary 8, 2005. Results: The application is allowed. Cases Referred to- Mohibul Ahsan Vs. Ittefaq Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank, 50 DLR 597; Dr. Monjurul Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (2004) 1 ......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. ......oner and approval of transfers of the shares by such reconstituted board could be considered in disposing of the application for rectification of share register under section 43 of the Act. 29. In order to appreciate the conflicting submissions of the learned Advocates on the issue, I must first ......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)
.... Station Case No.26 dated 10‑3-2003 pending in the Court of Mr. Md. Shamsul Alain, Metropolitan Magistrate, Dhaka. 2. One Abu Jafor Chowdhury, Chairman, Mercantile Co‑operative Bank Limited made an first information report with the Gulshan Police Station against the petitioner alleging, int...... 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. ......n under section 241A Cr.P.C. for discharge on the ground that the first information report, police report and the documents submitted therewith did not disclose any offence. The learned Magistrate by order dated 28‑9‑03 rejected the said application and framed charge against the petitioner under...... 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)
....d J Safiqur Rahman (Md.) and others..............Petitioners Vs. Ambia Khatoon and others.....................Respondents Judgment January 10, 2004. Cases Referred to- Hazi Mohammad Jayan Ali and another Vs. Jaju Pramanick and ors., 53 CWN (1 DR 61); Kafiluddin Chowdhury Vs. Dr....... 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. ......Opposite Parties. Civil Revision No.1436 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite parties Nos. 1‑7 were called upon to show cause as to why the impugned judgment and order No.76 dated 30‑1‑2002 passed by the Joint District Judge, Court No.2, Noakhali in Miscella...... 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)
....57 DLR (2005) 128. ......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. ......was an employee of the Bangladesh Jute Mills Association (hereinafter called 'the Association'), the respondent No.1. His services has since been terminated. The petitioner has filed this case for an order for winding up of the Association pursuant to the provision of section 241(v) of the Act. It w......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
....iction)
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.
Result:
This Rule Ni......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.
......ng the petitioners to refund and deduct the amount granted and paid/payable to the petitioners as gratuity and net pension and withholding payment of their monthly salary/remuneration pursuant to the orders vide (i) Memo dated 17‑3‑2002 issued by respondent No.2 (ii) Memo dated 21‑11‑2002 is......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
....ur Ice Cold Storage Ltd. and another.................Petitioners
Vs.
Chairman, Power Development Board and others............Respondents
Judgment
June 23, 1999.
Result:
The Rule is made absolute.
Lawyers Involved:
SM Moonir, Advocate—For the Petitioner.
Zakir Hussain Maz......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.
......d for bail. But their bail was rejected and the learned Magistrate ultimately, found that the petitioner has stolen 91,200 units of power and convicted the petitioner Nos.2 and 3 others and passed an order imposing a fine of Taka 10,000 upon each of the accused in default to suffer rigorous imprison......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)
....ssain Ahmed J Al-Imran Ali and 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 I......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.......lam—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 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 o......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)
....r clasp knife would fall within the meaning of the word arms and determination of this question would depend on the circumstances of the case and not only the shape of the weapon or the size of its blade. If the weapon is obviously and primarily designed as an instrument for domestic use then it wou......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. ......bir, Assistant Attorney-General—For the State. Criminal Appeal No. 88 of 1999. Judgment Sikder Maqbul Huq J.- This appeal under section 30 of the Special Powers Act is directed against the order dated 13‑1‑1999, passed by Special Tribunal No.1, Barguna, in Special Powers Case No.10 of......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. ..Category: Criminal Law | Date: | Hits: 78
....ty and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......r. Against the said judgment and order National Board of Revenue and others filed Civil Petition for Leave to Appeal No.1587 of 2002 before the Appellate Division upon which leave was granted with ad-interim order in the following terms:
"The impugned order dated 21-7-2002 passed by the High Cour...... 2010.
Judgment
Ashfaqul Islam J.- At the instance of the petitioner Messrs Dada Engineering Ltd., this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders contained in Nathi No.5(8) মূসক-বাস্তঃসেবা ও আবঃ/৯৩/......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)
.... 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. ...... No. 1. Md. Abdul Quddus with AK Azad Choudhury Advocates ‑ For Respondent No. 7. First Appeal No. 492 of 2001. Judgment Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 261 ......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)
.... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed Mahmud Hossain J Lalit Kumar Roy and 2 others.....................Petitioners Vs. Krishnapada Biswas & others.......................Opposite Parties Judgment June 19, 2002. Resu......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. ......29 DLR (SC) 137, AIR 1935 Calcutta 689 and Jagannath and others Vs. Sreenath and others, (1922) 59 CLJ 167. 16. We have perused the record of the case and heard the learned Advocates at length. In order to appreciate the conflicting arguments, we should first see the facts, which are now conclude......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
......................Petitioners
Vs.
President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others................. Respondents
Judgment
May 20, 2003.
Result:
The Rules are made absolute.
Case Referred to-
National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195. ...... 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.
......
Writ Petition Nos. 7744‑7752 of 2002
Writ Petition Nos. 160-167 of 2003
Writ Petition Nos. 251‑259 of 2003.
Judgment
Md. Abdur Rashid J.—The above Rules were issued against the orders of the respondent, the Appellate Tribunal, Customs, Excise and VAT rejecting the appeals of t...... 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
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....icting accused appellant Md. Abdur Razzaque under section 6(1) of Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that, on the night following on 3‑10‑97 victim......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ...... Appellant. SM Aminul Islam, Assistant Attorney General ‑ For the State. Criminal Appeal No. 1459 of 1999. Judgment Gour Copal Saba J. - This appeal is directed against the judgment and order dated 1‑6‑1993 passed by the Additional Sessions Judge and Nari-o‑Shishu Nirjatan Daman ......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....he 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. ......ecree dated 6‑7‑1998 passed by the learned Assistant Judge, 5th Additional Court, Dhaka in Title Suit No. 146 of 1997 decreeing the suit, should not be set aside and or pass such other or further order or orders as to this Court may deem fit and proper. 2. The opposite party No. 1 as plaintif...... 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)
....li J Karnaphuli Fertilizer Co. 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 News...... 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....... No 2. Writ Petition No. 515 of 1999. Judgment Md Joynul Abedin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh calls in question the Judgment and order dated 7‑1‑1999 passed by the Chairman, First Labour Court, Chittagong, in Complaint Case N...... 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)
.... MA Hye J Md. Rezaul Hasan J Mehedi Hasan.........................Petitioner Vs. The State.........................Opposite party Judgment June 16, 2011. Result: The Rule is made absolute. Lawyers Involved: Yousuf Hossain Humayun, Senior Advocate with Ahsanul Karim, Ad......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.......Station Case No. 140(3) 2007 dated 29.03.2007 under section 409/109 of the Penal Code, now pending in the Court of Special Judge, Court No.3, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Prosecution case is that one ......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
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
.... 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, 45 DLR 169; Serajuddin Ahmed and others V......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.......the Court of 3rd Subordinate Judge, Dhaka for Temporary injunction restraining the plaintiff Bank and the beneficiary-Bangladesh Biman, from encashing the Bank Guarantee dated 28.2.81 and obtained an order of status quo with regard to encashment of the Bank Guarantee; that ultimately the aforesaid o......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...Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....including monthly rent of flat, electricity, Gas and water bill to be paid within 15 days of the next month upon an oral contract. It was further stated that the opposite parties took Tk. 40,000/- as advance from the petitioner granting receipt. It was further stated that the petitioner paid rent fo......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.......sti Sarker, Advocate - For the Petitioner. Abdul Quaim, Advocate with him Sarder Abul Hossain, Advocate - For the Opposite parties. Civil Revision No. 3254 of 2007. (Against the judgment and order dated 28.6.2007 passed by the Additional District Judge, Second Court, Narayangonj in Miscella......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...Category: Property Law | Date: | Hits: 105
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