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National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....e is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ......7 DLR (2005) 716. ..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......ndent for separation of the Jama cannot be sustained. Further, it appears that immediately after the knowing of the separation of the jama no appeal has been preferred against the order passed by the Revenue Officer indicating also that the separation of the jama has been accepted. The mere fact tha......l Amin J          M.M. Ruhul Amin J Md. Tafazzal Islam J Rokeya Begum………………………..Appellant (In both the Appeals) Vs Md. Nurul Absar and others………….................Respondents (In C.A.No.84 of 1999) Md. Nurul Alam and other..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)

.... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... passed by the High Court Division in Writ Petition No. 896 of 2004 granting an order of stay of the im­pugned order of removal of the writ petitioner from the office of Director and Chairman of the Board of Directors of the United Commercial Bank Ltd for 2 years communicated by the letter dated 26...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ...... is also Reported in: ..

Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... arbitration clause and appoint an arbitrator who is not named in said arbitration clause………………(51) Cases Referred to- Bangladesh Water Development Board Vs. Nasim another, 1988 BLD 369; RAJUK Vs. MN Alam & others, 54 DLR 161; Bangladesh Water ......d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......to make an order of reference to the arbitrator appointed by the parties, whether in the agreement or otherwise. The Court can appoint an arbitrator only when the contract did not name any arbitrator and the parties failed to agree to appoint an arbitrator. Not otherwise. 'No objection' on b..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......urt  Appellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J  Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ................... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......ellate Division (Civil) Present: Md. Ruhul Amin J M M Ruhul Amin J Md. Tafazzul Islam J  Agrani Bank, represented by the Chairman, Board of Directors, and others .....Appellants Vs. Khandaker Badrudduza ......................Respondent&..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......ute stipulates terms which have been incorporated in the contract….(19) Cases Referred to- Sharping Matshyajibi Samabaya Samity Vs. Bangladesh 39 DLR (AD) 85; Bangladesh Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Se...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......is also Reported in: 57 DLR (AD) (2005) 31. ..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......ip;……………….(6)  Cases Referred to-  Chairman, Civil Aviation Authority of Bangladesh vs. Kazi Abdur Rouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (......p; The petitioners are directed to pay cost of Taka 5,000 (five thousand) each and pay the amount to the college fund within one month from the date of receipt of this order. Ed. ......rt Appellate Division (Civil) Present: SJR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J  Alauddin Sikder (Md) and another……………Petitioners      &..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......ant) came to know that the plaintiff No. 1 got the electricity connection recorded in his name by striking off the name of the defendant and thereupon he filed an application to the Power Development Board to insert his name in place of the name of the plaintiff No. 1 that the plaintiff No. 1 served......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Aftab Ali (Captain Retired)......................Appellant Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu and others………Respondents Judgment March 20, 2004. The Code of Civil Procedure, 1908..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......IT Vs. Chairman, Second Labour Court, 34 DLR (AD) 37; State Vs. Abdul Awal, 35 DLR 151; The Corporation of the City of Nagpur Vs. Its employees, AIR 1960 (SC) 675; Bangalore Water Supply and Sewerage Board Vs. Rajappa, AIR 1978 (SC) 548; AIR 1963 SC 1873; AIR 1953 SC 58; AIR 1961 SC 484. Lawyer...... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ......t High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Choudhury J Chittagong City Corpora­tion, represented by its Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others .......................

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ny which has nothing to do with the company. As for example, provident fund dues have been claimed from the company but the company has no authority over the fund as it is maintained and managed by a Board of Trustees. The same view is reiterated by our Appellate Division in the case reported in 3 B......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ...... Edruc Limited ..........................................Respondent Judgment March 3, 2004. Result: The applications are dismissed. Cases Referred to- Amin Scales Ltd. and another Vs. Md. Yakub, 1987 BLD (AD) 259 = 39 DLR (AD) 201; Haridas Vs. Baroda Kishore, 27 Cal 3..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)

....orhan Vs. A.H. Bhuiyan, 15 BLD (AD) 237; Haider Unnessa and another Vs. Monwara Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluering Commissioner of Internationals Revenu......Ali Ashraf, 42 DLR (AD) 289; Mazharul Borhan Vs. A.H. Bhuiyan, 15 BLD (AD) 237; Haider Unnessa and another Vs. Monwara Begum and other, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluerin......her, 10 BLD (AD) 280; Federal Radid Commission Vs. Nelson Brothers Board; Electric and Power Company Vs. National Relations Board, (1942) 319 U.S. 533; Gujt Heluering Commissioner of Internationals Revenue Vs. John Kehoc, (1939) 309 U.S. 267; State of New York and others Vs. United States of Amer......7) 69. ..

Category: Property Law | Date: 20 Jan, 2004 | Hits: 6

Palli Daridra Bimo­chon Foundation (PDBF) Vs. PDBF Karmachari Union, Bangladesh & Others, 2004, 33 CLC (AD)

....ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......m its loanees. It has lastly been contended that prior to absorption of the members of the Trade Union in the management of the petitioner, they were the employees of the Bangladesh Rural Development Board where they formed trade union and, as such, the workers and employees of the petitioner herein......ioner as an industry. In view of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... J Syed JR Mudassir Husain J MM Ruhul Amin J Palli Daridra Bimo­chon Foundation ........Petitioner Vs. Palli Daridra Bimochon Foundation Karmachari Union, Bangladesh (Pro­posed) and others ........Respondents Judgment January 17, 2004. Result: The petition is di..

Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120

Secretary, Ministry of Health and Family Welfare & others Vs. Parvin Sultana, 2005, 34 CLC (AD)

....by the respondent No. 4 (Annexure‑A) should not be declared to have been made without lawful authority and of no legal effect. The petitioner's case is that she is a Senior Staff Nurse of the National Institute of Cardio Vascular Diseases and Hospital and she is also an office bearer and r......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ......illegality in the impugned Judgment of the High Court Division calling for our interference. Accordingly, this petition merits no consideration. Hence, it is dismissed.  Ed. ...... Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J  Secretary, Ministry of Health and Family Welfare & others....Petitioners Vs. Parvin Sultana....Respondent ..

Category: Constitutional Law | Date: 10 Jan, 2004 | Hits: 246

Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)

....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......thing, the only meaning possible is that whereas he is not in reality that something the Act of Parliament requires him to be treated as if he were." 15. Section 27 of the Securities and Exchange Board of India Act providing offences by Companies provides that: 27. Offences by companies.- (1......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......ly allowed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340

A & E Products Group LP and others Vs. Md. Mohiuddin Ahmed and others, 2003, 32 CLC (AD)

....respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......respondents. In that view of the above, we do not find any substance in the submissions of the learned Counsel for the petitioners. The petition is dismissed. Ed.This Case is also Reported in:......Reported in:..

Category: Intellectual Property Law | Date: 14 Dec, 2003 | Hits: 264

Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)

.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:....... Sumikin Bussan Corporation and others, 58 DLR (AD) 88; Tata Cellar Vs. Union of India, AIR 1996 SC 11; Sharping Matshyajibi Samabaya Samity Vs. Bangladesh, 39 DLR (AD); Bangladesh Power Development Board Vs. Md. Asaduzzaman, 8 MLR (AD) 241, Managing Director, Dhaka WASA Vs. Superior Builders and E......on of any binding agreement, as in "subject to contract' cases or which kept it in abeyance, this principle has been enunciated following the dicta of Lord Jenkins LJ in Parway Estate Ltd. Vs. Inland Revenue Commissioners reported in (1958) 37 ATC 166 (ii) a contract to acquire an asset subject to n......n:..

Category: Others | Date: 10 Dec, 2003 | Hits: 261

Kadamtala Purba Basaboo Uchcha Bidalaya & ors. V. Hasna H. Sarker @ Hasna Heba Sarker & others, 2003, 32 CLC (AD)

....r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ......y committee submitted report behind her back without affording an opportunity to examine the witnesses. It is further stated that the plaintiff respondent sent a representation to the chairman of the Board of Intermediate and Secondary Education, Dhaka stating the above facts on 7‑9­1992 and ther......r interference with the impugned judgment of the High Court Division and consequently, this appeal is dismissed with costs of a Senior counsel in all stages. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Syed JR Mudassir Husain J Kadamtala Purba Basaboo Uchcha Bidalaya and others the same..............Appellants Vs. Hasna Hena Sarker @ Hasna Heba Sarker & or..

Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

....se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......stablishment of parks, playing fields and open space for relief of congestion in any area to which this Act extends, Provincial Government might, by order in writing, requisition any property for the Board arid could make such further order as might appear to Government necessary or expedient in con......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......lip;…………Respondents Judgment August 4, 2003. Result: This Appeal is dismissed. Cases Referred to- Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukherjee Vs. Chulai Pashi and another,....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171