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Saber Hossain Chowdhury Vs. Bangladesh Election Commission and others, 2005, 34 CLC (AD)

....Rule the Chief Justice of Bangladesh was competent to give necessary direction as to deposit of security for cost for election petition and the notification so issued on 18‑10‑2001 by the Registrar of the Supreme Court was valid one and the appellant deposited the costs accordingly and t......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ......ence. As such this appeal must succeed. In the result, the appeal is allowed without any order as to costs. The findings and decisions of the learned Single Judge are set aside. Ed. ..

Category: Election Law | Date: 22 Mar, 2005 | Hits: 123

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....s, AIR 1968 (Ker) 301; CK Dapthary Vs. OP Gupta AIR 1971 (SC) 1132; Perspective Publication Pvt Ltd. Vs. State of Maharashtra, (1969) 2 SCR 779 at page 791-792: (AIR 1971 SC 221 230); Baradakanta Vs. Registrar, Orissa High Court, AIR 1974 (SC) 710; In re S. Mulgaokar, AIR 1978 (SC) 727, 57; MR Paras...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)

....raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......Deputy Commissioner of Taxes had no definite information before him that the assessee applicant is found to be the owner of the said amount of money and, as such, obtaining approval of the Inspecting Joint Commissioner of Taxes before re‑opening the assessment of the assessee applicant is not in a......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..

Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

.....  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ......ion Bench of the High Court Division in Civil Revision No.446 of 2000 making the Rule absolute which was obtained against the order dated November 9, 1999 of the 4th Court of Subordinate Judge (now Joint District Judge), Dhaka passed in Title Suit No. 183 of 1997 rejecting the application filed .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....oving the respondent No. 1 from the Board of Directors of the company and in his place appointing his son Sabbir Hossain as a new director of the company and filed particulars of directors before the Registrar of Joint Stock Companies showing that the respondent No. 1 has been removed from the Board......pondent No. 1 from the Board of Directors of the company and in his place appointing his son Sabbir Hossain as a new director of the company and filed particulars of directors before the Registrar of Joint Stock Companies showing that the respondent No. 1 has been removed from the Board of Directors......t No. 1 from the Board of Directors of the company and in his place appointing his son Sabbir Hossain as a new director of the company and filed particulars of directors before the Registrar of Joint Stock Companies showing that the respondent No. 1 has been removed from the Board of Directors of th...... assessment of the value of the shares of the appellant No. 1 company. 2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under section 233 of the Companies Act, 1994, seeking, amongst others, appointment of auditors to audit the accounts of the c..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ...... action for filing the suit. 10. The plaintiff has again preferred an appeal being the Title Appeal No.22 of 1998 which was ultimately heard and disposed of by the learned Subordinate Judge (now Joint District Judge), 1st Court, Feni, who by his judgment and decree dated 20‑5‑1996 disallowe......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267.             ......rther order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a limited company incorporated under the Companies Act. Mrs. Madlena D Rozario (since deceased), wife of Ketu Rozario purchased the land appe..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)

....LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..

Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3

Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)

....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the High Court Division in Civil Revision No. 502 of 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No. 2, Dhaka passed in Title Appeal No. 17 of 1986 dism......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..

Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......rom disturbing their possession. Prior to that, the 2nd party as plaintiffs instituted title Suit No.30 of 94 (previous number being title Suit No.20/92 Borguna, and 121/55, Barisal), in the Court of Joint District Judge, for establishment of title, confirmation of possession and also for partition,......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......sion Bench office High Court Division in First Appeal No. 82 of 1987 allowing the appeal upon reversing the judgment and decree dated February 25, 1987 of the Court of Subordinate" Judge (now Joint District Judge), Narayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ......the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed.     This Case is also Reported in: 57 DLR (2005) 546.   ..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....edible salt put in the market for sale for general consumption and to submit analysis reports of such salt twice a year i.e. for the period ending on 30th June and 31st December, respectively, to the Registrar, Supreme Court of Bangladesh, within 15 days thereafter without fail with a copy thereof e......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ......e directions herein above given. Let a copy of this judgment and order be supplied to the learned Deputy Attorney General for compliance. Ed. This Case is also Reported in: 25 BLD (HCD) (2005) 83. ..

Category: Health Law | Date: 14 Dec, 2004 | Hits: 239

Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)

.... fine of Taka 20,000 recoverable from his properties under Public Demands Recovery Act.  2. On an allegation of misappropriation of Taka 18,812.90 by the appellant in his capacity as Sub Registrar, Sadullapur Sub‑Registrar’s Office in the district of Gaibandha the appellant ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ..

Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78

Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)

.... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ......gment Md. Abdur Rashid J.- The plaintiff obtained the former Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 28‑7‑03 passed by Joint District Judge, Court No.1 at Dhaka in Money Suit No.10 of 2003, which stayed further proceedi...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734.   ..

Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12

Firoz Chokder Vs. State, 2004, 33 CLC (HCD)

....tim while deposing before the Court though has stated that the petitioner committed rape on her but in her 164 statement she stated that on 13.2.2001 marriage was solemnized in the office of Nikha Registrar and affidavit was also sworned before the Notary Public and on that date she was taken to......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ......oksedpur District-Gopalgonj be set at liberty if not wanted in any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 85. ..

Category: Women and Children | Date: 27 Oct, 2004 | Hits: 7

Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)

....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...

Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156

Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)

....4 for purchase of 15,220 bales of BWH jute. It received 3,100 bales of said jute. On 20‑9‑94 the corporation terminated the contract. Then, said respondent company addressed an application to the Registrar of Arbitration of the Bangladesh Jute Association, briefly the Association, for constituti...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663.       ..

Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8

Northpole (BD) Ltd Vs. Bangladesh Export Processing Zones Authority (BEPZA) and others, 2004, 33 (HCD)

.... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ...... dispose of the application of the petitioner for manufacturing tent at Chittagong EPZ within 2(two) months of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 631. ......petitioner should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The petitioner, a 100% foreign-owned Company incorporated in Bangladesh under the Companies Act, 1994 and a subsidiary of North Pole Limited, Hong Kong, was granted permission by the..

Category: Business or Commercial Law | Date: 17 Aug, 2004 | Hits: 2

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ...... no error in dismissing such a suit of the bank for a money decree. 51. The defendant company hopelessly failed to make out a case of compensation in their Money Suit No.231 of 1992. The learned Joint District Judge rightly dismissed the suit. But learned Subordinate Judge committed serious err......rculate the judgment to all banks for guidance. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 643. ......urt of Subordinate Judge and Artha Rin Adalat No.3 at Dhaka and renumbered as Title Suit 120 of 1990. 3. The plaint case, in short, is that the plaintiff bank was registered under the Bangladesh Companies Act, 1913 and was engaged in banking business. Defendant No.1 was also a registered limite..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4