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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. ...... 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddin Ahmed, Dr M Zahir M Moniruzzainan Khan and M...... 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. ..

Category: Company Law | Date: | Hits: 203

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. ...... Md. Tafazzul Islam J Gour Gopal Saha J Alamgir (Md)……………………… Petitioner Vs. Habea Begum ………………………..Opposite Party Judgment August 19, 1999. Lawyers Involved: Subash Chandra Saha, Advocate—For the Petitioner. Md Abu Bakkar Siddique, ......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. ..

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.......€¦â€¦â€¦â€¦.. Appellant Vs. World Bank & others……………….Respondents Judgment November 21, 2001. Case Referred To- T Arivandandam vs. T Satyapal, AIR 1977 (SC) 2421. Lawyers Involved: Khandaker A Quaiyum, Advocate — For the Appellant. Not represented —the ...... remember that if on a meaningful not formal—reading of the plaint it is manifestly vexatious, and meritless, in the sense of not disclosing a clear right to sue, he should exercise his power under Order VII rule II, CPC taking care to see that the ground mentioned therein is fulfilled. And, if cl..

Category: Others | Date: | Hits: 79

Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)

....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......aker Musa Khaled J Nikhil Chandra Halder………………………Appellant Vs. State…………………………………………………Respondent Judgment August 23, 2001. Lawyers Involved: Not represented —the Appellant. Not represented — the Respondent. Jai......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ..

Category: Health Law | Date: | Hits: 266

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. ....... Result: The Appeal is dismissed. Cases Referred to- Md. Shahidullah vs. Abdus Sobhan Talukder, 1996 BLD 423; 49 DLR 248; Sikdar Jute Bailing Ltd. vs. Sonali Bank, 1998 BLD (AD) 268. Lawyers involved: Md. Faruque Ahmed, Advocate—For the Appellant. Md. Golam Mostafa, Advocate...... 337 of 2003. Judgment Md. Abdul Quddus J.- This FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree framed thereunder. 2. It is s..

Category: Civil Law | Date: | Hits: 92

Modern Cold Storage Ltd. Vs. Secretary, Ministry of Energy & Mineral Resource and others, 2006, 35 CLC (HCD)

....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.......88 Supreme Court 71; MP Electricity Board, Jabalpur vs. Chhaganlal AIR 1981; Madh Pra 170 and Gadag Betgiri, Municipal Borough, Gadag vs. Electrical Inspectorate, Govt. of Mysore AIR 1962 Mys 209. Lawyers involved: Md. Azizul Haq with Md. Anwarul Islam, Advocates— For the Petitioner. Tufa......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...

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. ......Singh, AIR 1931 All 443; State of Gujarat vs. Bhikubhai, AIR 1965 Gujarat 70; Patal Laljibhai, AIR 1971 SC 1935; Mrs. Shahar Banoo Ziwar Sultan Beyed vs. Mrs. Wahida Khatoon 1996 BLT (AD) 154. Lawyers involved: Md. Bashiruddin Zindigir, Advocate—For the Accused-Petitioner. Md.......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. ..

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. ......tate vs. Sree Ranjit Kumar Pramanik, 45 DLR 660; Abdul Khaleque vs State 45 DLR 75; Sanwar Hossain vs. State, 45 DLR 489; Abdus Salam vs. State, 1994 BLD 99 and State vs. Badsha Mollah, 41 DLR 11. Lawyers involved: Zahirul Hoque Zahir, Deputy Attorney-General with ABM Mahbub Suman, Assistant A......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. ..

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. ......(SC) 68; Rashid Murtuza Qureshi vs. State 17 DLR (SC) 608; State vs. Abdul Gafur 13 DLR 851; Md. Ayub Khan vs. Custodian of Evacue Property 15 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. ...... such stature, to whom the Courts always place trust, if he takes the advantage in such manner without respecting the canons of profes­sional conduct and etiquette as provided for in the Bar Council Order and Rules, 1972, then question may arise as to what then, fee junior lawyers will learn and pr..

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. ......J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settle­ment and others……………Respondents Judgment June 27, 2006. Lawyers involved: Fariduddin Ahmed with Md Kamrul Islam, Advocates — For the Petitioner. (I......ated the same to the petitioner vide Memo No. Section 9/A-73/83/1157 dated 28-­12-1983 (Annexure-A). It is further stated that though the Government had filed Miscellaneous Case No. 31 of 1985 under Order IX, rule 13 of the Code of Civil Procedure for setting aside the ex parte decree, the case was..

Category: Property Law | Date: | Hits: 39

Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)

....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......itanya Biswas vs. Surendra Nath Gharami 2006 LG 131; MJ Kutinha vs. Mrs. Nathal Pinto Bai AIR 1941 Madras 272; Fazle Karim vs. Government of Bangladesh, 48 DLR (AD) 178, AIR 1941 Madras 272 . Lawyers involved: Abul Kalam Chowdhury Advocate—For the Petitioner. Abul Khair, Advocate—F......zaman 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 on the matter again for a rehearing or further heari..

Category: Procedural Law | Date: | Hits: 75

Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)

....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. Lawyers involved: Lutfor Rahman Mondol with KM Zahid Sarwar, Advocates — For the Petitioner......ce on record and to arrive at his own independent finding. In the instant case, the specific findings of the trial Court have not been reversed by the lower appellate Court exercising its power under Order XLI, rule 31 of the Code. Accordingly, trial Court's judgment and decree are restored." ..

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. ......d. Miftah Uddin Choudhury J Commissioner of Taxes……………….Applicant Vs. Prime Bank Ltd…………………Respondent Judgment September 23, 2007. Lawyers involved: Md. Zakaria Sarker, Assistant Attorney-General — For the Applicant. ......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. ..

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. ......ties Judgment March 11, 2007. Result: The Rule is disposed of with modification. Cases Referred to- Tarak Chandra Maghi vs. Atahar Ali Howlader, 8 MLR (AD) 209; 8 BLC (AD) 67. Lawyers involved: Md. Shamsul Alam, Advocate — For the Petitioners. Abdul Quayum with Tapash......which the appellants-opposite parties did not take any legal step in the higher Court of competent jurisdiction. 9. The appellants-opposite parties filed another application on 4-5-1998 under Order CLI, rule 27 of the Code of Civil Procedure seeking for comparison of the signatures and thumb..

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.......d Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara Akther's Case 49 DLR (AD) 80. Lawyers involved: Shah Md. Munir Sharif with Md. Ataur Rahman, Advocates—For the Petitioners (I......ransferred under section 60(3) of the Ain by the learned Joint District Judge and Artha Rin Adalat, 1st Court, Chittagong to the same Court vide order dated 9-6-03. Later, the service of notice under Order XXI, rule 30 of the Code of Civil Procedure (hereinafter referred to as the 'Code') having not..

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. ......tion.................................(8) Cases Referred to- Bashir Ahmed vs. Bangladesh Jute Mills Corporation 44 DLR (AD) 267, Bikash Ranjan Das vs. Chairman Labour Court, 29 DLR (SC) 280. Lawyers involved: Abdul Quayum with Debdas Samaddar and Dipayan Saha, Advocates—For the Petitio...... 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. ..

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. ......Md. Mahfuzul Islam 55 DLR (AD) 104; Kudrat-e-Elahi vs. Bangladesh 44 DLR (AD) 319; Messrs Ali Paper House and another vs. Pubali Bank Ltd. CPLA 22/1998, MM Ispahani vs. Sonali Bank, 37 DLR (AD) 1. Lawyers involved: AKM Asiful Haque, Advocate—For the Petitioners (In both the Writ Petitions). ......cognised principle of economic justice and judicial power as contem­plated in Article 8 of the Constitution should not be declared as void and consequently the transfer of Title No. 125 of 2001 vide Order dated 1-10-2003 being inconsistent with section 6(e) of the General Clauses Act, 1897 should n..

Category: Others | Date: | Hits: 104

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.       ......…………………(32) Cases Referred To- Omela Bibi vs. State 54 DLR 98; Md. Abdus Salam alias Abdus Salam vs. State 1995 BLD 477; Almas Mia vs. State 55 DLR 403 and AIR 1979 (SC) 1705. Lawyers involved: Not represented — the Appellant. Md. Ibrahim Khalil, Assistant Attorney-Ge...... 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.       ..

Category: Criminal Law | Date: | Hits: 40

Mofidul Haque (Md) Vs. Bangladesh, 2006, 35 CLC (HCD)

...., there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ......and another, 4 BLC (AD) 22; Sunil Kumar Das vs. Canon Kabushiki Kaisha and another,57 DLR 93; Messrs Supermax Inter­national Private Ltd. Vs. Samah Razor Blades Industires, 11 ADC (2005) 593. Lawyers involved: Mohammad Moazzem Hossain, Advocate—For the Applicant. Md. Ohiullah......, there is no merit in this appeal. The appeal must fail. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 588. ..

Category: Intellectual Property Law | Date: | Hits: 198

A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)

....We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......sgar J A Wadud Member and another…………………….Petitioners Vs. State……………………………..Opposite Party Judgment February 2, 2006. Lawyers involved: Abdul Baset Majumder, Advocate (absent at the time of hearing) — For the ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ..

Category: Criminal Law | Date: | Hits: 29