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Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... Rafiq-ul Huq with Md Zakir Hossain, Advocates—For the Respondents. Appeal from Original Order No. 98 of 1999. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against order dated 12-5-99 passed by the learned Subordinate Judge 1st Court, Dhaka in Title Suit No. 116 of 1999......iate the funds of Sheba Telecom Limited and wanted to wind up the respondent No.1 Company. The respondent time and again requested the appellants to call a General Meeting of the company and issued a notice to hold Extraordinary General meeting of the company on 7-2-98 and all the share holders and ......ive Board Meetings and some other important decisions were taken and it was also decided to amend the company’s Memorandum and articles of Association. The copy of the resolution dated 22-2- 98 was forwarded to the Directors and shareholders of the company but none raised any objection to that. Th..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....and Deputy Commissioner (South), 36 Minto Road, Dhaka on 25-3-99 at 6-00 AM. One Ali Asam, SI of Ramna Police Station lodged an FIR with Ramna Police Station on 26-3- 99 being Ramna PS Case No. 157 dated 26-3-99. The Daily Star published another article in the issue of 11-1-2001 under caption “P......e facing constant threats from the relatives of accused for coming to a compromise in exchange of money, which can be avoided if the trial is held in its usual course. 10. In this Case we have noticed that in the police report submitted under section 173 CrPC, witness No. 1 SM Ali Azam Siddiq......in charge of Sessions Case No. 3712 of 1999 pending in the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit ..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... a suit being Family Suit No. 26 of 1982 in Family Court, Bagerhat for dower money and maintenance with contentions that First plaintiff was married to First defendant through a registered Nikah Nama dated 5-12-1987. Dower money of Taka 50,001.00 was fixed out of which Taka 6,001.00 had been paid to......tition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. 3. First and second opposite parties of Civil Revision petition as plaint......s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure to quash the decision under challenge. 2. A brief resume of facts essential and requisite for disposal of Civil Revision petition may be noticed and stated. 3. First and second opposi..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... petition No.75 of 2000 he has annexed the highlights of the interview with the BBC at page 38 vide Annexure A-3 which is the Daily Monitoring Report, Monitoring Directorate, Bangladesh Betar, Dhaka, dated 27-07-2000; In that monitoring Report at page 5, the impugned portion of the Prime Minister’......h a view to undermine and lower down the prestige, honour and dignity of the Courts of Bangladesh in general including the Supreme Court. The learned Advocates have brought the above statement to the notice of the Court and prayed for appropriate legal action against the Prime Minister under the Con....... Judgment Md. Mozammel Hoque J. - These three applications namely, Contempt Petition No.73 of 2000, Contempt Petition No.75 of 2000 and Contempt Petition No.79 of 2000 have been filed for drawing up a proceeding for contempt of Court against Sheikh Hasina, the Prime Minister of Bangl..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
.... so that it may satisfy itself that the said detenu is not being held in custody without lawful authority. 2. In this Case, the petitioner is the father of the victim of Kaligonj PS Case No.11 dated 14-8- 2000. The petitioner prayed for giving custody of the victim girl to him and his prayer ......order passed by the learned Sessions Judge is set aside by a competent Superior Court, the legality or propriety of the order cannot be decided in this proceeding under section 491. 5. We have noticed that while expounding the principle of “implied power” submissions were made in the repo......nt Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira District Jail should not be brought before this Court so that it may satisfy itself that the said detenu is not being held in custody with..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
...., Advocate — For Respondent Nos. 1-3. Appeal from Original Order No. 112 of 1997. Judgment Md. Abdul Aziz J. - This First Miscellaneous Appeal is directed against Order No. 85 dated 16-2-97 passed by the learned Additional District Judge, Moulvibazar dismissing the Miscellane......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......9; Salamat Bibi & others Vs. Settlement and Rehabilitation Commissioner, Multan, 21 DLR (SC) 353. Lawyers Involved: Md. Mahbub Ali, Advocate— For the Appellant. Reba Kaniz for AK Ahmadul Hasan, Advocate — For Respondent Nos. 1-3. Appeal from Original Order No. 11..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
.... and 2-3. Writ Petition No.2918 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule nisi was issued calling upon the respondents to show cause as to why the order being No.43 dated 11-5-99 passed by AM Shahidur Rahman, Special Tribunal No.1, Satkhira in Special Tribunal Case......oners filed another application praying for giving them the seized goods in the light of the facts disclosed in the final report and the said application was fixed for hearing on 20-4-99 after giving notice to the State. In the meantime Superintendent of Customs, Excise and VAT Circle, Satkhira subm......amim and Motiul Alam came from India with some goods under Baggage Rules and they after completing immigration checking from immigration checking post produced the goods to the Customs House, Jessore for assessing Customs Duty, VAT and other taxes. But their goods were not released and those were te..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
..... FKM Ahsan Mahbub, Assistant Attorney- General — For the Respondent. Criminal Appeal No.710 of 1991. Judgment Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convicting ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convicting and sentencing the accused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous imprisonment fo..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
.... 2. The learned Advocate for the petitioner has submitted that in this Case the victim is a deaf and dumb girl and she was a maidservant in the house of the informant. The allegation is that on the date of occurrence when the informant was in his office, his wife was in the market and his son was ...... any Case, we find that as the victim is deaf and dumb, it is very risky to rely on her statement. Moreover, we are also of the view that method of recording her statement may not be correct. We have noticed that at least few statements were recorded only on guesswork. If the victim and judge both h......e Appellant. Faziul Haque Chowdhury, Assistant Attorney- General — For the State. Criminal Appeal No. 75 of 2000. Judgment Md. Hamidul Haque J. - This is an application for bail in a pending appeal. 2. The learned Advocate for the petitioner has submitted that i..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Civil Revision No. 1634 of 1991. Judgment AKM Shafiuddin J.- This is an application under section 115(1) of the Civil Procedure Code. It is directed against the judgment and order dated 20-03-19991, passed by the learned Assistant Judge, Muradnagar, Comilla in the Miscellaneous C......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......resent petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No...Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....nj and member of Balagonj Shapla Theatre. The petitioner was arrested by the police on 6-11-1999 under section 54 of the Code of Criminal Procedure in connection with Balagonj PS General Diary No.140 dated 6-11-1999 and was produced before the Magistrate 1st Class, Court No.3, Balagonj, Sylhet. The ...... verbal notes the British Home Ministry wrote it’s Mission in Dhaka for the petitioner’s extradition. The petitioner was released due to mistake and the Court sub-inspector rightly brought to the notice of the learned Sessions Judge, Sylhet the fact that the petitioner is an accused in Luton Mur......d to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it has been stated, inter alia, that the petitioner is a law-abiding citizen of Bangladesh ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
.... 7 years and confiscated to the State aforesaid plot Nos. 49, 49A, 49B and 49C together with the buildings and structures standing thereon under section 5(2) of the said Act by the judgment and order dated 7-6-1993. Hence the above-numbered appeals will be disposed of by this judgment. 10. Before...... filed application to Rajuk for approving the plan of the building (Janata Tower) on plot No.49 by JPL. 13. Besides the aforesaid circumstances chronologically stated, the learned trial Judge also noticed that accused No. 3 described herself as Rowshan Ara Begum though she was known as Rowshan Er......ant in Criminal Appeal No.1112 of 1993) and (17) Aftara Begum (appellant in Criminal Appeal No.1134 of 1993) along with two other accused absconding and another since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case ..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....e above submission made by the learned Advocate for the petitioner. 4. We have perused the order of detention (Annexure-A). It is stated in this order that the order will be effective from the date of service upon the detenu. The order was signed by the District Magistrate, Jhenaidah on 24-6-......at a person in respect of whom a detention order has been made has absconded, then the authority shall proceed under sections 87, 88 and 89 of the Code of Criminal Procedure and if after publishing a notice in the official gazette, the person concerned fails to comply with the order, he shall be pun......ent Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learned Advocate for the petitioner..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
.... Ahsan Mahbub, Assistant Attorney- General—For the State. Criminal Revision No. 350 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 12-11-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ......sed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the Penal Code and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2...Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....No. 1164 of 1991. Judgment AK Badrul Huq J. - The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is judgment and order dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahmanbaria ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......r 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as p..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ng upon the respondents to show cause to why the inclusion of Holding No. 16/14 Block-C Mohammadpur, Dhaka in the list of Abandoned Buildings in serial No. 37 at page 9764(16) in the Official Gazette dated 23rd, September, 1986 published under section 5 of the Abandoned Buildings (Supplementary Prov......ions) Ordinance 1985, therefore, has been without lawful a the contesting respondent could not produce before us the official record or anything else to prove his Case that petitioner was served with notice to surrender the possession of the buildings in question as abandoned buildings. On the other......nd thus of no legal effect. 2. Shortly, the case of petitioner Abul Hossain Khan, son of Sultan Khan is that he got lease of the plot No. 16/14, Block-C, Mohammadpur, Dhaka from the Government for a period of 99 years at a salamee of Taka 1701.00 in the year 1963 and the lease deed being No. ..Category: Property Law | Date: | Hits: 18
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....pplication at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordinance, 1984 on a total income of Taka 3,24,388.0...... in favour of the assessee applicant. Accordingly, the reference is answered aforesaid and the parties will bear their own costs. Ed. This Case is also Reported in: 53 DLR (2001) 92. ...... Syed Amirul Islam J.- This reference application at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assessment year 1987-88 vide his order dated nil under section 83(2) of the Income Tax Ordin..Category: Fiscal/Taxation Law | Date: | Hits: 67
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83. The loan was also granted by Investment Corporation of Bangladesh and 5 o......statutory returns since 1990 to the Registrar of Joint Stock Companies and has not submitted for inspection the Cash Book, share registers, annual general meeting’s minutes, attendance register and notice register of Board of Director’s meetings, balance sheet from 1989-97, etc. to the Registrar......nd that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate parts as aforesaid and installation charge of Taka 3,00,000.00 by issue of stock debenture and in Case of defa..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
.... For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Miscellaneous Case No. 36 of 1984 a......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ...... No. 36 of 1984 under Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-petitioner contested ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
....1 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka i......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from the record that opposite party Bangladesh Jatiya Samabaya Bank obtained a money decree dated 05-09-56 for Taka 49,604.08 in Money Suit No. 13 of 1956 against the petitioner and another. 3. ‘Dec..Category: Civil Law | Date: | Hits: 82
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