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Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....les 8(2) and 20 of the Constitution of the People's Republic of Bangladesh shall also not be declared void and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Subsequently, in the said writ petition an additional Rule Nisi has been obtained ......eported in: 59 DLR (2007) 601. ......e provisions of section 60(3) of Artha Rin Adalat Ain, 2003 being inconsistent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba...... each of total worth of Taka 1,05,00,000 in ZIA vide his detention memo No. 069087 dated 29-8-04, (Annexure-G1). Bangladesh Bank also granted necessary approval to remittance of SGD 600,000 to meet legal and other expenses to Harry Elias and Partnership (HE & P). 6. On 1 -9-04 the petit..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... that the said note is a counterfeit one. Accordingly, he submitted a report, which he proved it as Exhibit 2 and the counterfeit note as Material Exhibit 1. In cross-examination he stated that after proper examination of the note he submitted a report. 14. PW 3 Sub-Inspector Md. Abul Hossa...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ..Category: Criminal Law | Date: | Hits: 40
Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)
....deration on which Mr. Moazzam Hossain has placed much reliance. It has been clearly expounded that Article 6 of the Paris Convention could be made applicable in the matter of protection of industrial property on two prime considerations. One is, that the party claiming protection under article 6 o......y J Mofidul Haque (Md)…………………..Appellant Vs. Bangladesh……………..Respondents Judgment December 12, 2006. Cases Referred To- Haque and Company Ltd. Vs. Messrs Western Soap Factory and others,43 DLR 304; Sunil, Kumar Das vs. Canon K......from applying for registration of the said trade mark under section 14(1) of the Trade Marks Act, 1940, and the applicant has been compelled to file the application for rectification because of the illegal registration of Trade Mark Liberty in the name of Md. Mofidul Haque, the appellant, to maintai..Category: Intellectual Property Law | Date: | Hits: 198
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....oners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit No. 51 of 1981. 3. The plaintiffs' ......r information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......resented—For Opposite Party Nos. 1 and 2. Civil Revision No. 61 of 1985 (Rangpur). Civil Revision No. 6752 of 1991 (Dhaka). Judgment SM Ziaul Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurga..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....led a petition for granting Letter of Administration before the District Delegate, Khulna in Miscellaneous Case No. 1 of 1966. Surendra Nath Biswas obtained Letter of Administration and possessed the property, mutated his name in the record of right and subsequently he died. The property was enlis......Reported in: 59 DLR (2007) 579. ......lands in any capacity, he has locus standi to make an application for revocation. "But it appears that the said correction and mutation of record of right was made in the year 1985 without having any legal basis", the learned District Judge observed. The learned District Judge however observed that ..Category: Property Law | Date: | Hits: 68
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The writ petitioner Sylhet Gas Fields Limited is a registered company under Petrob......cial Original Jurisdiction) Present: Nazmun Ara Sultana J Farid Ahmed J Sylhet Gas Fields Ltd………………….Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgment March 25, 2007. Lawyers involved: ......ry of Taka 25,984.00 out of total value of the cable Taka 1,03,937.17 and to implement the judgment within 40 days should not be declared to have been passed without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Labour and Industrial Law | Date: | Hits: 114
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ourt Division (Special Original Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Enamul Haq (Md)………………………...Petitioner Vs. Jatiyo Bishwabiddalay and others…………………….Respondents Judgment March 15, 2007. Result: The Rule......vocate served a notice dated 13-6-2005 upon the respondents demanding justice but to no avail. 5. Being aggrieved, the petitioner moved this Court for declaring the refusal to accept his joining illegal and for directing the respondents to allow him to join in the appointed post and accept his jo..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ......it No.1, showed that a succession certificate would be necessary for withdrawal of the money left by deceased Shahabuddin. Upon such view, learned Subordinate Judge found the minor son as the only legal heir and successor of deceased Shahabuddin and accordingly, issued a succession certificate in..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ll be made nugatory, Accordingly, since the aggrieved party sought relief before the court in revisional jurisdiction challenging the impugned order which on the face of it is illegal, it will not be proper to say that High Court has no jurisdiction to set aside the same on the ground that no revisi......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ...... a special bench. In the aforesaid circumstances we have taken up this Rule for hearing. 3. Mr. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC over..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......ase. Ed. This Case is also Reported in: 59 DLR (2007) 549.......on a total misconception of law the prosecution had instituted two separate cases over the same subject matter, although law authorises a combination of more offences in one trial. Though there is no legal bar of separate trial of the accused for each separate offence but the policy underlying in se..Category: Criminal Law | Date: | Hits: 90
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......on (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J Shafique Ullah (Md)……………………………………………….Petitioner Vs. Chairman, Rupali Bank Ltd. and others…………………Opposite Parties Judgment August 2, 2006. Lawyers involved...... getting acquittal of the charge he in writing and orally repeatedly requested the defendant No. 2 to allow him to join in his service, but in vain. Then he on 10-9-1995 through his lawyer served a legal notice upon the defendant No. 2, who asked him to meet with him in his office on 1-101995, B..Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....ogramme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In both the Writ petitions the petitioners have impugned the inclusion of their names ......in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......ing loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and pro..Category: Banking Law | Date: | Hits: 124
....e said very leave petition, if the leave petition is placed first, we would be able to appreciate the entire facts. Moreso, the leave petition having been fixed earlier for hearing today, it would be proper for taking up the leave petition first.
9. We assured him that all three matters will be t......ain J
SK Sinha J
Begum Khaleda Zia……………………….. Petitioner
Vs.
The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents
Lawyers Involved:
T. H. Khan, Senior Advocate, Rafique......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ...... Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases Referre......y, vide memo. No. পার-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner is a renowned physician..Category: Employment/Service Law | Date: | Hits: 89
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141....... Md. Joynul Abedin J Tahmid Ahmed …………….Petitioner Vs. Jalaluddin Jaffar Ali Hussain ……………Objector Judgment February 7, 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittef......sed the holding of the annual general meetings for the aforesaid years by filing an affidavit-in-opposition contending, inter alia, that the majority shareholders of the company led by Tahmid Ahmed illegally removed him and his late father Jaffar Ali Hossain by the aforesaid resolution dated 8-5-198..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....2 Al-Baraka Bank (Bangladesh) Ltd. filed aforesaid five Bankruptcy Cases against the petitioner and others praying for declaring them Bankrupt, to appoint receiver to take possession of the mortgaged properties and other properties of the petitioner and other defendants and other reliefs on presenta......ion (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Shamshad Asif……………………………Petitioner Vs. Additional District Judge and others……….Respondents Judgment June 16, 1999. Lawyers Involved: SB Bhandary, ......ow cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in questi..Category: Civil Law | Date: | Hits: 78
.... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ................Petitioner (In Civil Petition No. 1323 of 2008)
Abul Kalam (3)....................Petitioner (In Civil Petition No. 1324 of 2008)
Vs.
Bangladesh Bank, represented by the Governor and others….......Respondents (In all the cases)
Judgment
July 26, 2009.
Lawyers Involve...... Station against the petitioners alleging that on 28.10.2003 at about 2:00 P.M. some staffs of Bangladesh Bank forcibly entered into the Chamber of the Chairman of Bangladesh Bank and demanded some illegal claim to him and abused the Governor of Bangladesh Bank. The General Manager, Human Resources ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....urul Islam Bhuiyan, learned Advocate-on-Record, appearing for the respondent submitted that the prayer for declaring the decree dated 19.08.1990 passed in Other Class Suit No.81 of 1982 in respect of property is void, illegal, collusive and not binding upon the plaintiffs and such prayer comes und......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Dr. Md. Kamrul Ahsan Talukder…………............Appellant Vs. Nurun Nahar and others…………………………………Respondent Judgment May 5, 2009. Cases Re......dants challenged the possession of the plaintiffs so without a regular suit for declaration of title and recovery/confirmation of possession in the disputed land the plaintiffs cannot challenge the legality of the decree of the defendants. The learned Advocate-on-Record further submitted that th..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......vil Revisional Jurisdiction) Present: Gour Gopal Saha J Md. Abdus Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment October 21, 2002. Case R...... of the matter, we find that the learned Subordinate Judge was perfectly justified in sending the case to the Court of the District Judge for its disposal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify ..Category: Civil Law | Date: | Hits: 79
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