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Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......ore, of the opinion that the respondent No. 4 the Thana Nirbahi Officer, has acted illegally by not inviting the petitioner in the meetings or by not consulting him in fixing a date of meeting. In view of the above, the Rule is made absolute without any order as to cost. The respondent No.4, the ..Category: Administrative Law | Date: | Hits: 462
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ......res as a representative director of a sponsor share-holder of the Company he could continue as a director and the Vice-Chairman of the Company after his transfer of the aforesaid qualifying shares in view of the Articles of Association of the Company and therefore allegation of pressure is false and..Category: Company Law | Date: | Hits: 203
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......same. Contemner, a Member of the Parliament, having shown respect to this court and having denied the allegations which are supported by the rejoinder published in the three newspapers. we are of the view the contemner is not guilty of contempt of this court but he is a victim of the situation creat..Category: Criminal Law | Date: | Hits: 120
Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ......urt. It is against this order the defendant petitioner moved this Court and obtained the present Rule. 4. Mr Subash Chandra Saha, the learned Advocate appearing for the petitioner, submits that in view of the fact that the learned Family Court earlier allowed instalments to the defendant judgment..Category: Family Law | Date: | Hits: 155
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......ross abuse of the process of the Court for which he is liable to pay compensatory cost but since no notice was served upon the defendants, we refrain from imposing any cost. However, we are of the view that the plaint itself is liable to be rejected in limine. In the result, the appeal is dism..Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......se of Sikdar Jute Bailing Ltd. vs. Sonali Bank reported in 1998 BLD (AD) 268 wherein it was held that separate suit to set aside ex parte decree passed by Artha Rin Adalat will not be maintainable in view of remedy available under Artha Rin Adalat Act itself. 8. Learned Advocate shows from Artha ..Category: Civil Law | Date: | Hits: 92
....and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690.......period under the aforesaid penal bill the meter was running slow by 6.38% the bill in question was prepared and issued lawfully under the Tariff Rules which is payable by the petitioner.
9. In view of the assertions of both the petitioner and the respondents it appears that there is controv..
Category: Others | Date: | Hits: 131
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......, that a Criminal Proceeding initiated upon private complaint against commission of offence under not only section 471 but also under sections 467/468 and 420 of the Penal Code whether sustainable in view of the prohibition made under section 195(1)(c) of the Code of Criminal Procedure on the ground..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......information carried to the police "by somebody" is the first information report within the meaning of section 154 of the Code of Criminal Procedure and all subsequent information fall within the purview of section 161 of the Code of Criminal Procedure." 48. In the case of Ansar (Md.) Chan Mia v..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... the learned Advocates for the petitioners who by suppressing the fact of fugitive' which is within their knowledge misled the Court in issuing the Rule and granting bail. Before we express our own view, let us see in such situation what the superior Courts have decided. 26. We have already..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ......that the Government issued letters (Annexures-A) to the Writ petitions) clearly stating that the said properties have been excluded from the list of the Abandoned Properties by the Government and, in view of the, said memo, the concerned properties ought to be excluded from the list of the Abandoned..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....d on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit on the matter again for a rehearing or further hearing which is already concluded by a decision even if that be erroneous……………..[Fazle Karim vs Government of Bangladesh, 48 DLR (AD) 178] Cases Referr..............................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not sit ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ter long lapse of 11 months. So, the, application was barred by limitation and to that effect I agree with the findings of the trial Court. The view of the appellate Court in respect of limitation is erroneous, inasmuch as the appellate Court relied upon the second transfer and the date of knowledge......nants of the holding described in RS Khatian No. 171; that the pre-emptees made an oral agreement with the vendors to purchase the land under pre-emption at a consideration of Taka 3,000; that with a view to defeat pre-emption, the vendors made an exchange of their 0.56 acres of land of Mouza Paharp..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......submitted that the Taxes Appellate Tribunal was wrong in finding the shares and debentures held by the respondent assessee were capital asset under section 2(15) of the Ordinance and, upon such wrong view, set aside the order of the Inspecting Additional Commissioner of Taxes. 7. He submitted..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......ether it should itself compare the questioned signature or handwriting to come to a decision or send them for an expert opinion. 29. The High Courts of the subcontinent were holding divergent views on the power of comparison by the Court. At the earliest, we find the Appellate Division had..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......e prescribed time the decree holder-Bank initiated Execution Case No. 35 of 2002 on 13-6-02 Meanwhile, the Artha Rin Adalat Ain, 2003 (hereinafter referred as the said Ain) came into operation and in view of section 60(3) of the said Ain the said Execution Case was shown transferred by the Joint Dis..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......iased report upon which the petitioner was compulsory retired from the service vide Memo, dated 11-3-1999 (Annexure-E) issued by the respondent No. 4. Thereafter, against the said Memo appeal and review were preferred to the respondent No. 1 but to no effect. 3. Being aggrieved by the said Memo..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......r submits that the territorial jurisdiction having been determined by the concerned District Judge e power to transfer the pending suit or proceeding under the Ain, 2003 vests exclusively upon him in view of the provisions as laid down in section 5(9) of the Ain which conversely means that no Arth..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.......said shares transfer adhesive stamps no way violated any law and instead of taking final action, they were asking the petitioner for personal hearing by letters issued one after another with the sole view to harass the petitioner. 12. He also submitted that after illegal detention of said ..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... 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. ......innocence and led no evidence in defence. 8. After trial the appellant was awarded such conviction. Hence the appeal. 9. No one appears on behalf of the appellant to support the appeal. In view of the fact this is a very old case we are inclined to take it up for disposal on merit conside..Category: Criminal Law | Date: | Hits: 40
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