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Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)

....dvocates - For the Respondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge,...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..

Category: Procedural Law | Date: | Hits: 118

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Mis......he plaintiffs of that Other Class Suit No. 43/2003 when the ad-hoc Committee took steps for appointment of Auditor which is a condition precedent to hold election, a learned Senior member who was the Government Pleader opposed the same giving out that no such step should be taken by the ad-hoc Commi..

Category: Civil Law | Date: | Hits: 74

Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....oner. No one ‑ For the Opposite Party. Civil Revision No. 1757 of 2001 Judgment Gour Gopal Saha J. - This Rule is directed Subordinate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case N......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ..

Category: Criminal Law | Date: | Hits: 82

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....tiff submitted tender at 4.95% above the estimated cost. The tender committee ultimately, accepted the tender of the plaintiff at 3% above the estimated cost and said defendant No. 16 issued the work order by his memo dated 15‑10‑88. In the work order, the plaintiff was asked to complete the wor......0,000. 5. Defendant Nos. 1 and 2 opposed the claims of the plaintiff by filing a joint written statement. Their case, in short, is that the Hospital was initially intended to be constructed as Non-Government organisation for treatment of poor and distressed people. As the plaintiff could not fini..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

....l in the facts and circumstances of the case with regard to maintainability of the suit is plainly misconceived inasmuch as in this case the plaintiffs having not challenged the so-called requisition order of the then Pakistan Government. He adds that in the cited decisions namely the decisions repo......cord be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49...

Category: Property Law | Date: | Hits: 64

Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)

....inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ......official power caused a financial loss of Taka 1.10 crore to Bangladesh Muktijuddah Kallyan Trust by selling its landed property measuring 2 acres of Metal Package Ltd. Dhaka at a price less than the Government fixed rate by passing the decision taken in 61st meeting of the board of trustee. The Bur..

Category: Criminal Law | Date: | Hits: 93

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....ge of investigation on 08.09.2004. 7. The informant again filed an application before the Court of the Chief Metropolitan Magistrate for investigation of the case by RAB and the learned Court vide order dated 06.10.2005 allowed the said application and withdrew the investigation from CID and dire......ating order of stay without any finding as to merit of the case and as such deserves no consideration by this Hon'ble Court. 16. He further submits that by this time the ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, took decision on 10.11.2005 to have the case inves..

Category: Criminal Law | Date: | Hits: 76

Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

.... Md. Nazrul Islam, Advocate—For Respondent No.2. MB Taj Mohammad, Advocate—For Respondent No.1. Writ Petition No. 5439 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 5‑8‑03 passed by the Judge of the Artha Rin Adalat Khulna in Miscellaneous Case No.......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ..

Category: Civil Law | Date: | Hits: 61

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

....January, 1972. The High Court of Bangladesh Order 1972 (P.O. 5 of 1972) by which under Article 4 High Court declared to be a Court of record and defined its jurisdiction. By P.O. 91 of 1972 the above order was amended and a new Article 6A was inserted by which it was provided that there shall be an ......he Rule is made absolute. Cases Referred To- Bangladesh, represented by the Secretary, Ministry of Establishment Vs. Shafiuddin Ahmed and two others, 50 DLR (AD) 27; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and..

Category: Constitutional Law | Date: | Hits: 264

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

.... there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for offence for possessing weapon of crime. 35. It can, thus, hardly be disputed that in order to award and sustain conviction for offence under sections 19(f) and 19(a) of the Act possessi......and he is acquitted of the same and set at liberty at once 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. ..

Category: Criminal Law | Date: | Hits: 84

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

....vocate − For the petitioner. Mr. Yusuf HossainHumayun, Advocate, with Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous App......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..

Category: Family Law | Date: | Hits: 171

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

....p was though beached at the 'Bhatiari' yard at Chittagong of the plaintiffs but was in overall control and management of the bank. The bank used to supply the scraps on the basis of issue of delivery order (DO). The weightage of the ship was 7880 metric ton but the bank gave them 3500 MT of scraps o......cuee Property and others, 17 DLR (SC) 126; Abdul Gafur Vs. Chief Settlement Commissioner and another, [1985] XVIII SCMR 464; Chairman, BTMC Vs. Nasir Ahmed, 7 BLC (AD) 144; Konda Lakshmana Bapuji Vs. Government of AP, (2002) 3 SCC 238; Kewal Singh Vs. Lajwanti, (1980) 1 SCC 290; Sibtain Fazil Vs. St..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....ab, Advocate ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..

Category: Civil Law | Date: | Hits: 75

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

....avit-in-opposition of the Respondent Nos.1 and 2. 6. Bangladesh, represented by the Secretary to the Ministry of Finance and Internal Resources Division, who was added as the respondent No.3 by an order of this Court dated 21-10-97, also by filing an affidavit-in-opposition challenged the petitio......rd, and the respondent No.2 Senior Accounts Officer, of the same Board, by filing an affidavit-in-opposition have stated that the Bangladesh Telegraph and Telephone Board is a collecting agent of the Government of Bangladesh and as per direction of the Government has been realising the Value Added T..

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

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....adesh was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which......04) 525. ..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....eclaration is that the plaintiff alone has got the right to receive the compensation as awarded in LA Case No. 26 of 1998‑99. It has not prayed for any relief whatsoever against any action taken or order made in the acquisition proceeding. 9. The declaration was sought for on, amongst other ave......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..

Category: Property Law | Date: | Hits: 61

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

....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)

....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)

....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)

....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......vil or criminal shall lie against him in respect of anything done in accordance with the powers conferred on him by Rule 55 of the Co‑operation Societies Rules, 1987. These Rules were framed by the Government in exercise of powers under section 139 of the Co-operative Societies Ordinance, 1984. Th..

Category: Criminal Law | Date: | Hits: 89