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Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)

..... Khurshid Alam Khan, Advocate—For the Opposite Parties. Civil Revision No. 2951 of 2006. Judgment Md Abdur Rashid J.- Defendant No. 6 obtained the Rule upon making a revision application made under section 115( 1) of the Code of Civil Procedure against an order dated 21-6-2006 passed by ......nj in Miscellaneous Appeal No. 38 of 2005, which reversed the order dated 28-9-05 of the Senior Assistant Judge of Kishoreganj passed in Other Class Suit No. 236 of 2002 and set aside the order of ad interim injunction. 2. On or about 25-6-02 opposite party No. 1 as plaintiff instituted the suit ......Revision No. 2951 of 2006. Judgment Md Abdur Rashid J.- Defendant No. 6 obtained the Rule upon making a revision application made under section 115( 1) of the Code of Civil Procedure against an order dated 21-6-2006 passed by Joint District Judge, Court No. 2 at Kishoreganj in Miscellaneous Ap......ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ..

Category: Civil Law | Date: | Hits: 93

Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Mahmudur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2006. Res......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......imited as communicated to the petitioner by the Programme respondent No.5 should not be declared to have been made without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In both the Writ petitions the petit......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..

Category: Banking Law | Date: | Hits: 124

Begum Khaleda Zia Vs. Secretary, Ministry of Defence, Government Of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others, 2010, 39 CLC (AD)

....Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Begum Khaleda Zia……………………….. Petitioner Vs. The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents Law......ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ecord- For Respondent Nos.1,3,4 and 5. Not represented- Respondent No.2. Date of hearing: November 29, 2010. Civil Petition for Leave to Appeal No. 2300 of 2010 (From the judgment and order dated 13.10. 2010 passed by the High Court Division in writ petition No. 2910 of 2009.) Ord......ccordingly rejected. However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess. This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...

Category: Property Law | Date: | Hits: 73

Shilpi Vs. State, 2006, 35 CLC (HCD)

....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ......State-Respondent. Criminal Appeal No. 3286 of 2006. Judgment Nazmun Ara Sultana J.- This appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 has been preferred against the order dated 27-6-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal, Faridpur in Nari-......ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ..

Category: Procedural Law | Date: | Hits: 67

Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J SM Ziaul Karim J Dr. Md. Golam Hossain………………………………Petitioner Vs. Bangladesh and others……………………………Respondents Judgment May 3, 2007. Cases R......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......rim J.- This Rule Nisi was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangla­desh, calling upon the respondents to show cause as to why, the impugned order of transfer of the petitioner from the post of Civil Surgeon, Jhenidah to Health Directorate, ......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..

Category: Employment/Service Law | Date: | Hits: 89

Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)

....………Petitioner Vs. Asgar Ali…………………………………………Opposite Party Judgment March 21, 1999. Case Referred To- Onkar Bhikaram Vs. Balmukund Javarchand, Madhya Bharat, 135. Lawyers Involved: Mohammad Nazibar Rahman, Advocate — For the Petitioner....... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145.......ad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit No.20 of ...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...

Category: Procedural Law | Date: | Hits: 76

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

.... 1999. Cases Referred To- Satish Chandra Banik and others Vs. Dhaka Jute Mills Ltd PLD 1968 (Dhaka) 610=19 DLR 280 (13 & 14); Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 50 DLR 597; AIR 1973 (Vol. 60) SC 2389, AIR 1958 (Punjab) 190 and PLD......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141.......td, a public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the Company for the years 1982 to 1997 after due compliance with the directions contained in the order dated 19-3-1998 passed by this Court on an application under Sections 81(2) and 85(3) of the C......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

....Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138......., 2794, 2795 and 2796 of 1998. Judgment Kazi Ebadul Hoque J. - These five Rules were issued at the instance of the petitioner Shamshad Asif calling upon the respondents to show cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, D......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...

Category: Civil Law | Date: | Hits: 78

Abul Khair and others. Vs. Chairman, Chittagong Dock Sramik Parichalana Board and Chairman, Chittagong Port Authority, Chittagong and others, 2009, 38 CLC (AD)

.... In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803.......d the 15th day of June, 2002 passed by the High Court Division in Writ Petition No.6796 of 2001). Judgment Mohammad Fazlul Karim J. – The appeal by leave is directed against the judgment and order dated the 15th day of June, 2002 passed by the High Court Division in Writ Petition No.6796 of......tance in the submissions of the learned Counsel for the appellants. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 803...

Category: Labour and Industrial Law | Date: | Hits: 109

Md. Alamgir Hossain and others Vs. Bangladesh Bank, repre­sented by the Governor and others, 2009, 38 CLC (AD)

....he Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ......ondent Nos.1 and 2. (In all the cases). Not represented- Respondent Nos. 3-4 (In all the cases). Civil Petition for Leave to Appeal Nos. 1309-1310 and 1317-24 of 2008. (From the judgment and order dated the 23rd day of March, 2008 passed by the Administrative Appellate Tribunal in A.A.T. Ca...... instead of resorting to the shortcut pro­vision of rule 13(ii) of the Regulations, 2003. Accordingly, the petitions are dis­posed of. Ed. This Case is also Reported in: VII ADC (2010) 799. ..

Category: Administrative Law | Date: | Hits: 215

Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)

....law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794.......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos.1-9. Civil Appeal No. 209 of 2002. (From the judgment and order dated the 24th day of June, 2003 passed by the High Court Division in Civil Revision No.3884 o......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...

Category: Property Law | Date: | Hits: 37

Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)

....igh Court Division (Civil Revisional Jurisdiction) Present: Gour Gopal Saha J Md. Abdus Salam J Azizur Rahman…………………………………………Petitioner Vs. Bangladesh Shilpa Rin Sangstha and ors…………………………...Opposite Parties Judgment Oc....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107.......: Not represented‑ the Petitioner. AKM Nazrul Islam, Advocate‑ For the Opposite Parties. Civil Revision No. 3541 of 1999. Judgment Gour Gopal Saha J.- This Rule is directed against order No. 35 dated 28‑6‑1999 passed by the 2nd Artha Rin Adalat, Dhaka in Miscellaneous Case No........ In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...

Category: Civil Law | Date: | Hits: 79

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....ew Jersey), 1927 AC 632; Aristoc, Ltd. Vs. Rysta Ltd (1945) 1 All ER 34; Corn Products Refining Co. Vs. Shangrila Food Products Ltd AIR 1960 (SC) 142; New Light Chemical Industries Vs. Registrar of Trade Marks and another, 13 DLR 657; Ms, Zenith Laboratory (Pak) Ltd Vs. Ms, British Drug Houses Ltd.,......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......tually manufacturing sanitary goods with the trade mark 'Lucky'. As such, the petitioner filed a criminal case being No. CR No. 1305 of 2001 before the Chief Metropolitan Magistrate, Dhaka and by his order 10 (ten) items of sanitary fittings manufactured by the opposite party No. 1 were seized. It i......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..

Category: Intellectual Property Law | Date: | Hits: 175

Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)

....fiqur Ahmed with Md. Salim, Advocates‑ For the Petitioner. Ozair Faruque with Shahidul Islam, Advocates‑ For the Opposite Party 1 (Ka). Civil Revision No. 1982 of 2001. Judgment Mohammad Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revisional application und......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ould be the next mutawallis after the death of said Abdus Samad. 3. No mosque was however built. In 1983, the waqf was for the first time enrolled as EC No. 16063. Defendant No. 2 then obtained an order dated 27‑5‑85 from Defendant No. 5, the Administrator of Waqfs for sale of 15 decimals out......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...

Category: Trust/Waqf Law | Date: | Hits: 228

Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)

....fterwards. From that very date they used to go to different places as hus­band and wife and there were also many pictures. All on a sudden on 22-12-2004 Zitu informed the victim that he would go abroad for which he demanded Taka 5,00,000 from her parents and if that would not be given he would not ......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......th Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Sessio......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...

Category: Criminal Law | Date: | Hits: 44

Abdul Baten (Md.) Vs. Chairman, NBR & others, 2007, 36 CLC (HCD)

....ral—For the Respondents. Writ Petition Nos. 5458, 5459 with Writ Petition No. 5872 of 2004. Judgment Md. Abdur Rashid J.- In the above Rules Nisi, a declaration that levy and collection of advance VAT at the rate of 1.5% ad-valorem pursuant to the noti­fication being SRO No. 260 dated 30......ssessed said sugar to duty at the rate of US$ 216 per metric ton. Against said assessment, the petitioner moved this division in Writ petition No. 5244 of 2004 and obtained a Rule Nisi and also an ad-interim order of release on pay­ment of the duties and other charges on the basis of the invoice va......said sugar to duty at the rate of US$ 216 per metric ton. Against said assessment, the petitioner moved this division in Writ petition No. 5244 of 2004 and obtained a Rule Nisi and also an ad-interim order of release on pay­ment of the duties and other charges on the basis of the invoice value in c......rantees received in the above Writ Petitions to the respective petitioners within a period of one month of receipt of this order, positively. Ed. This Case is also Reported in: 59 DLR (2007) 525...

Category: Fiscal/Taxation Law | Date: | Hits: 95

Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)

....al Code and sentencing them to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 5000 each, in default to suffer rigorous imprisonment for 6(six) months more. 2. One Abdul Wadud as informant lodged an FIR with Court Chandpur police station, against Md. Rahamatullah and Sal......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......inal Appeal No. 503 of 2005. Judgment Siddiqur Rahman Miah J.- This appeal at the instance of convict appellants Md. Rahamat Ullah and Md. Saltu alias Dalim is directed against the judgment and order passed by the learned Judge, Speedy Trial Tribunal, Khulna in Speedy Trial Tribunal Case No. 3......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...

Category: Criminal Law | Date: | Hits: 32

Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)

....nt Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punjab, AIR 1975 (SC) 1962; G......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......Hasan @ Faroque, Md. Selim Hossain and Uzzal @ Elias Hossain on being convicted under section 9(2) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (henceforth referred top as "the Ain") by judgment and order dated 9-10-2002 in Nari-o-Shishu Case No. 284/2002. In addition, all the accused persons were ......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...

Category: Criminal Law | Date: | Hits: 35

Taju and others Vs. State, 2007, 36 CLC (HCD)

.... Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ....... 211 of 2003. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellants (1) Taju, (2) Azahar, (3) Hanifa and (4) Monir is directed against the judgment and order of conviction and sentence dated 30-11-2002 passed by the learned Additional Sessions Judge an...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..

Category: Criminal Law | Date: | Hits: 42

Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)

....isonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ...... Md. Rabiul Karim Assistant Attorney-General—For the Respondent-State. Jail Appeal No. 1027 of 2005. Judgment Khademul Islam Chowdhury J.- This Jail appeal is directed against judgment and order dated 17-7­2005 passed by the learned Special Tribunal No.5, Mymensingh, in Special Tribunal ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..

Category: Criminal Law | Date: | Hits: 43