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Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....her and the ‘Karta’ of the joint family, and his wife defendant No. 11 successfully influenced Roy Mohan to go to Burma in the year 1946, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to acquire the secon......f Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of the parties, as they plead, in view of the concept and meaning of ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... agreement between SAARC Enterprise Private Limited and the respondent No. 3 dated 1st day of August 2002 as a sub‑distributor of whole of Bangladesh and asserted that they had been carrying on business of distributorship. 10. In view of the above factual aspec......ssir Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Jud...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....or, which will be a car park for about 150 cars. These Ramps' are for providing access to the entire building where about 160 families have already occupied and 600 shops owners have set up their business establishments. That upon knowing about the notice issued under section 3 of the Ordinance ......ziz Cooperative Housing Society Ltd. & others…………….Respondents Judgment 16th November 2002 Lawyers Involved: A. F. M. Hasan Ariff, Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Petitioner. Dr......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
....he defendant No.3 and further his case is that, he paid another Taka 2,000 to the defendant No.3 for another room on 12‑3‑70 and thus the plaintiff is in possession of the suit shops by running a business under the name and style “Ms Famous Tailoring House." The further case of the pl......s Referred to- Kumar Begum Roy Vs. Panna Debi and others, 1982 BLD (AD) 54; Haji Abdul Latif Vs. Abdul Huq and others, 44 DLR 601. Lawyers Involved: Md. Ibrahim Mollah, Advocate—For the Petitioner. Saleha Islam, Advocate—For the Opposite Party No.1. Civil Revisio...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....se appellants, the respondents on 16‑11‑1986 verbally agreed to transfer if an undated cheque for Taka 5.00 lac be given to them representing the value of their shares and claim on profits in the business of the company and they promised to return the cheque for the equivalent cash amount when t......: The appeal is dismissed. The Companies Act, 1994 (XVIII of 1994), Section 38 The provision of section 38 of the Companies Act gives the Court a wide discretion to scrutinise any fraud, error or undue influence or misrepresentation in the matter of transfer of any share and grant relief c......wing the appeal under section 38 of the Companies Act. 2. The short facts leading to this appeal are that Ahmed Impex Company (Pvt.) Ltd. which will hereafter be referred to as the company, was incorporated under the Companies Act 1913 as a private company limited by shares, the authorised capit......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
....
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......operty and others …… Respondents
Judgment
August 7, 2002.
Result:
The petition is dismissed.
The Constitution of Bangladesh, 1972 Article 102
By way of mandamus enforcement of any legal right or to redress the violation thereof could be availed.
Case Ref......
Accordingly, this petition is dismissed with costs assessed at Taka 5,000 to be paid by the petitioner forthwith to the respondents.
Ed.
This Case is also Reported in: (2002) 22 BLD (AD) 155.
......of the Lewisham Union reported in 1987 1 QB 498 it has been held that:
“This Court would be far exceeding its proper functions if it were to assume Jurisdiction to enforce performance by public bodies of all their statutory duties without requiring clear evidence that a person who sought its i..
Category: Constitutional Law | Date: 7 Aug, 2002 | Hits: 180
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ...... Result: The Rule is made absolute. Lawyers Involved: M Amir-ul Islam, Tania Amir, Dr. Shirin Sharmin Chowdhury, Manzil Murshed and Shamsul Hasan, Advocates- For the Petitioner. Abdur Razzak, Additional Attorney-General, Abdul Awal, Deputy Attorney-......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....p of the leaseholder interest remained with the petitioner. In respect of the MOU dated 2‑6‑2000, it was stated that the MOU dated 2‑6‑2000 (Annexure B) was executed due to the failure of the business arrangements contained in the MOU dated 14‑31999, to bear the desired results and in co......ision (Civil Original Jurisdiction) Present: ABM Khairul Haque J Amir Hossain...............................................................Petitioner Vs. Homeland Footwear Ltd. and ors…………………………………………Respondents Judgment July 21, 2002. Resu...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
.... house for about one and a half hours. At the time of assaulting the victim he alone could not stop them. When people came to the place of occurrence the accused appellant stated that it was nobody's business since he was beating his wife. He denied that the accused appellant married Panna Rani with......d Gazi and another, 5 BLC (AD) 19; Abdul Kader alias Manju Vs. State, 46 DLR 605; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved: Md. Abdus Sobhan with Md. Shafiqul Alam, Advocates—For the Appellant. Md. Abdul Baset, Assistant Attorney-General—For the Respondent. Criminal A......‑section (2) of section 10 the words “যৌতুকের জন্য উক্ত নারীর মৃত্যূ ঘটানোর চেষ্টা করেন” ought to have been incorporated in the charge. 24. The expression "for dowry" or “যৌতুকের জন্য......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....ctor of the Infrastructure Development Company Limited founded by the World Bank and Government of Bangladesh, the Chairman of Unidev Production Limited, a company involved in television production business and former President of Dhaka Chamber of Commerce for four years, etc. Since the tender n......s 102 and 27 Law requires that subsequent change of terms and conditions of tender must be relayed to each and every participant so that all the participants can avail of the equal opportunity while participating in the tender…..(59) The Ekushey Television is an......t, 1933. 39. He has further argued that the High Court Division ought to have found that the respondent No, 7 having not participated in the tender and Ekushey Television Ltd having been incorporated as a limited company on 1st July, 1998, the Licensing Agreement dated 9th March, 1999 si...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....ch is liable to be punished for contempt of Court. (vi) That the right of freedom of press is only a specific instance of the general right of Freedom of speech, persons engaged in the newspaper business cannot claim any other or greater right than that possessed by persons not in that business......Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......lished by Letters Patent. They were in fact following common law. 36. After the partition when this part of British India was a Province of Pakistan we had our first Constitution in 1956 which incorporated Article 176 empowering the Supreme Court and the High Courts to deal with the contemners.......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Abdul Kader Khan Vs. Rajshahi Co-operative Town Society Ltd, 2002, 31 CLC (HCD)
....to each other being connected by a wooden door. The room No. 9 is situated in the eastern side and the said room is provided with latrine and water connection. The petitioner was carrying on medicine business under the name and style "Paradise Medical." He was in need of latrine and water ......; Judgment April 29, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Abdus Samad with Md. Bazlul Dabir with Shachira Hossain, Advocates- For the Petitioner ALM Asaduzzaman, Advocate- For the Opposite Party Civil Revision N...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ...... Sadar in (Rent Control) Miscellaneous Case No.245 of 1983 is confirmed. Send down the LCR to the Court concerned at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 633. ..Category: Tenancy Law | Date: 29 Apr, 2002 | Hits: 3
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......lip;…….............Respondents Judgment March 27, 2002. Result: The Rule is made absolute. Cases referred to- Dr. Mohiuddin Faroque 49DLR (AD) 1; Hyundai Corporation Vs. Sumikin Bussan Corporation and others 2002 BLD (AD) 16 = 54 DLR (AD) 88; Mohammad Hos......the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ported in 2002 BLD (AD) 16 = 54 DLR (AD) 88 (Para 14) The relevant portion is quoted below. ............... transparency in the policy/decision making as well as in the functioning of the public bodies is desired, for more than one reason and particularly in the matter where financial interest ..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
.... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ....................Respondents Judgment February 13, 2002. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves in...... appeals are allowed setting aside the impugned judgment and order of the High Court Division without any order as to costs. Ed. This Case is also Reported in: 56 DLR (AD) (1997) 153. ......indispensable for making the law more effective and adaptable to the varying needs of society. Thus in America ………….one comes across numerous rules and regulations passed by non‑legislative bodies in exercise of authority bestowed on them by the Legislature in some shape or other ………..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161
State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......p;......Condemned Prisoner Judgment February 2, 2002. Result: The Reference is rejected and the connected jail appeal is dismissed. Cases Referred To- PLD 1960 (WP) Lahore 111; Dahyabhai Chhanganbhai Thakkar vs. State of Gujarat, AIR 1964 (SC) 1563. Lawyers Invol......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......rd ran to them for attack when they ran and confined themselves in a room of the south bhiti hut. The condemned prisoner then pushed open the door and caused severe injuries on various parts of their bodies by dao blows. Thereafter the brother-in-law of the informant PW 4 Md. Abdul Latif, having hea..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Sunderban Taxtils Mills Vs. The Commissioner of Taxes, 1999, 28 CLC (HCD)
....ncome of Taka 94,18,413/- from other sources other than the income derived from commercial operation. The Deputy Commissioner of Taxes allowed exemption on the amount of Taka 2,01,17,912 being the business income on the ground of Tax Holiday facility available to the assessee but levied income T......ate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ......ences in question are fit cases to be taken to the Appellate Division and the prayer for certificate is, therefore, refused. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 57. ..Category: Fiscal/Taxation Law | Date: 8 Dec, 1999 | Hits: 9
....t Rangpur are for the use of trainees and for their accommodation and that for its maintenance some service charge is collected and that the dormitory building and Pathological Clinic are not for any business purpose or that to earn profit; that papers annexed to the Affidavit-in-Opposition in no wa......ar Parikalpana Samity Karmachari Union and others ……………Respondents
Judgment
November 18, 1999.
Cases Referred To-
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & ors.; Cholera Research Laboratory Vs. First Labour Court and others; Cholera Research Laboratory Vs.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151...
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)
.... interest was an agreement, can be enforced by a writ of mandamus. Under the provision of Article 21 of President’s Order 26 of 1972 respondent No.1 shall carry on and transact all kinds of banking business. There is no dispute that the remission of interest was allowed by the respondent No.1 in r......etitioner Vs. Agrani Bank and others.................................Respondent Judgment April 28, 1999. Result: The Rule is discharged. Cases Referred to- Conforce Ltd. Vs. Titas Gas Transmission and Distribution Ltd., 42 DLR 33; Sharping Matshayajibi Samabay......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350.......no merit in this Rule. In the result, the Rule is discharged without an order as to costs. Order of injunction stands vacated. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 350...Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
...... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....t of the record by that Adalat. While so absconding they surrendered before this Court on 18‑3‑98 and were allowed ad‑interim anticipatory bail on the ground that the case was engineered by the business rivals and enemies of the petitioner No.1 to destroy his name and fame and professional ima...... The Rules are discharged. Cases Referred to- Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Habibul Islam Bhuiyan with Raziur Rahman Chowdhry, Advocates ‑ For the Petitioners (In Criminal Miscellaneous Case No.1554 of 1998). Alam Al‑Mustafizur Rahma...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
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