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Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)

....nd law they are heard and disposed of by this common judgment. 2. In both the Rules the petitioners, by filing applications under Article 102 of the Constitution of the People’s Republic of Bangladesh, have challenged under what authority respondent No.1 in Writ No. 953 of 1998 and respondent N......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42....... citizen of Bangladesh, in addition to his acquiring a citizenship of any foreign state, affirms or acknowledges allegiance to any foreign state. In other words, according to the learned Advocate, in order that a citizen of Bangladesh becomes disqualified under the aforesaid Article, he must not onl......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...

Category: Administrative Law | Date: | Hits: 356

Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)

....e Judge, 3rd Court & Artha Rin Adalat, Dhaka against the opposite party Nos. 2 and 3 and the present petitioner. The plaintiff is the bank. The opposite party No. 2 was the importer/exporter in ready-made garments. The plaintiff found that the opposite party No. 2 was credit worthy and granted h......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......transferred to the Court of Subordinate Judge and Artha Rin Adalat No. 1 and was re-numbered as Title Suit No. 139 of 1999. It appears that the Title Suit No. 139 of 1999 was dismissed for default by order dated 26-4-99. The plaintiff (opposite party No. 1 herein) filed miscellaneous case being Misc......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41...

Category: Civil Law | Date: | Hits: 69

Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)

....ur-Rahman Khan J Syed Fazle Ahmed J Md. Ali Haider & Ors..........................Appellants Vs. The State....................Respondent (Criminal Appeal No. 103 of 1985) Taj Mohammad & Ors..............Appellants Vs. The State..........................Respondent (Crimin...... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ......ation for life. Non-appealing convict Giasuddin, Gobra @ Ensu Mondal, Mahbub @ Matabuddin and Ejal Hoque were tried in absentia and each was sentenced to transportation for life and sentence has been ordered to run from the date of their arrest and other accused persons were acquitted. 2. Prosecu...... the charge. They shall be set at liberty forthwith if not wanted in con­nection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..

Category: Criminal Law | Date: | Hits: 30

Nazibul Islam & others Vs. Dr. Amanullah & Ors., 1988, 17 CLC (HCD)

..... Dr. Amanullah & the State.............Opposite Parties Judgment March 1, 1988. Lawyers Involved: M. Fazlul Karim - For the Petitioners. Nurul Islam Chowdhury and Abul Kalam Azad — For the Opposite parties. Criminal Revision No.21 of 1987. Judgment Latifur Rahman ......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. .......1.87, the learned Upazilla Magistrate being satisfied that there is a serious apprehension of breach of peace drew up a proceeding under section 145 of the Code of Criminal Procedure and in the same order attached the disputed land and appointed the Upazilla Revenue Officer, Cox's Bazar as offi­ci......o of no substance. Accordingly, this Rule is discharged and the stay order granted by this Court is vacated. Naimuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 94. ..

Category: Criminal Law | Date: | Hits: 32

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......ted 4.2.85 (Annexure-R) wherein it has been stated that the Government has examined the petitioner's case thoroughly and rejected his prayer for release of the disputed property. This is the impugned order. 5. Annexure-S is the photocopy of the Power of Attorney executed by the petitioner appoint......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188

Sultan Ahmed Vs. Golam Mostafa alias Dulal and Others, 1987, 16 CLC (HCD)

....ith law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85.......neral with Md. Mozammel Haque-For the State. Criminal Revision Case No.26 of 1986. An application under Section 439 with Section 435 of the Code of Criminal Procedure, against the Judgment and order dated 10.8.85 passed by Mr. Nazrul Islam Magistrate 2nd Class Rajshahi arising out of G.R. No.......agistrate is set aside and he is directed to proceed with G.R. Case No.89 of 1985 in accordance with law. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 85...

Category: Criminal Law | Date: | Hits: 26

Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)

.... 1983 (Cal), 106, AIR 1986 (Cal) 356, (1958) 1 All England Report 262, (1975) 1 All England Report 107, (1978) 1 All E.R.976, (1982) 2 All England Report 720); AIR 1925(A11) 442. Malas and another (Trading as Hamezeh) Malas and Sons vs. British Imex Indus­tries, Ltd. 1958 All England Law Re­ports ......ta Bank before the court that the defendant No.1 namely the M/S. YAMA MOTO & CO. LTD., has no other property or asset to be attached because the bills have been negotiated long before the order of ad interim attachment was passed. It was the case of the defendant Bank that the defendant No.1 namely ......que & M.M Khan - For the appellant. Md. Awlad Ali-For the respondent. Appeal from Original Order No. 286 of 1986. Judgment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attachi......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...

Category: Business or Commercial Law | Date: | Hits: 209

State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)

....ereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58.......er to be referred as Dablu also preferred jail appeal being Jail Appeal No. 108 of 1985. Both the condemned prisoners have preferred criminal appeal which has been numbered as 109 of 1985 against the order of conviction and sentence. We have heard the Death Reference No.2 of 1985 made to this Court ......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...

Category: Criminal Law | Date: | Hits: 61

M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)

.... Vs. Janata Bank………………………..Opposite party Judgment July 30, 1987. Cases Referred to: P.P.Gupta vs. East Asiatic Co. 1960 All 184, Mst. Arifa Begum vs. Khulki Mo­hammad Naqbi, 21 DLR (WP) 209 and Surya Begum vs. Alimullah Mallick, 24 DLR 133. Lawyers Involved: ......b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......e party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908 for setting aside an order dated 3.12.86 passed by the Subordinate Judge and Commercial Court No.1 Dhaka in Money Suit No......b­servation made above. Therefore, we make Rule ab­solute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56...

Category: Civil Law | Date: | Hits: 88

Titas Gas Transmission and Distribution Company Ltd. Vs. Habib Oil Mills (BD) Ltd., 2001, 30 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs Habib Oil Mills (BD) Ltd....…………….Opposite Party Judgment July 30, 2001. Lawyers Involved: Mainul Hosein, Barrister-at-Law with Manjur Kadir and Md. Shamim ul-Alam, Advocates—For the Petitioner. Dr. M. Zahir with Md Waliul Islam, A......eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ......udication would require adducing evidence and it would be a best course on the part of the Oil Mills to go to the civil Court for decision and thus the Rule was discharged on 3-6-1999 and against the order the Oil Mills went to the Appellate Division but in vain. Then the Oil Mills instituted a Titl......eceipt of the copy of this judgment. In the result, the Rule is disposed of with the aforesaid observation without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 35. ..

Category: Civil Law | Date: | Hits: 115

Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)

....is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ......s of US$ 37,267.90 for import of 8680 pieces of Steel GI Pipe under HS Code No. 7306.5000. The imported goods arrived at Chittagong Port on 20‑1‑97 under Commercial Invoice dated 25‑11‑96. In order to release the said consignment the petitioner through his clearing Agent, submitted bill of e......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..

Category: Fiscal/Taxation Law | Date: | Hits: 56

New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....002)33.......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33.......ages for workers in all industrial undertakings of Bangladesh should not be declared to have been done illegally and without lawful authority and to be of no legal effect and or such other or further order or orders passed as to this court may seem fit and proper. 2. Dr. M. Zahir appeared on beha......4 Ain/2001/Srakoml0/Ni:Mo: Ni; 28/2001 dated 8th July, 2001 is declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002)33...

Category: Labour and Industrial Law | Date: | Hits: 96

Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)

.... Ripon Packaging and Accessories Ltd………. Petitioner Vs. Eastern Bank Ltd. and another………………….. Opposite-Parties Judgment June 4, 2001. Case Referred To- Bangladesh Shilpa Bank vs. Bangladesh Hotels Ltd., 38 DLR (AD) 70; Ahmed Silk Mills Ltd. vs. Bangladesh S......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......etitioner. MA Samad with MGH Ruhullah, Advocates—For the Opposite Parties. Civil Revision No. 4008 of 1999. Judgment Md. Fazlul Haque J.- This Rule is directed against the judgment and order dated 12-7-99 passed by the District Judge, Dhaka in Transfer Miscellaneous Case No. 326 of 19......aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ..

Category: Civil Law | Date: | Hits: 73

ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)

....o Annual General Meeting could be held since the inception of the Company. 4. On 15th September, 1996 the respondent directors held a Board Meeting without serving any notice to the petitioner and adopted a resolution requesting the petitioner to hold a requisition meeting as provided in Clause N......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ...... a resolution of the members, debenture holders or any class of them has been passed or is likely to discriminate the interest of one or more of the members or debenture holders; and pray for such order, as in his or their opinion, would be necessary for safeguarding his or their interest and als......his application under section 233 which is deplorable. In view of the above, this application is dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 28. ..

Category: Company Law | Date: | Hits: 220

Paul Reinhurt Limited and another Vs. Prime Textiles Spinning Mills Ltd. and others, 2001, 30 CLC (HCD)

....AIR 1951 Calcutta 147; Serajuddin and Co. vs. Michael Golodetz, AIR 1960 Calcutta 47; Pratambull Rameshwar vs. K Sethia Ltd. AIR 1960 Calcutta 702; Probity Shipping Corporation and another vs. StateTrading Corporation of India (1980-81) 85 CWN 268, times Orient Transport Co. vs. Jaya Bharat C & ......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17....... M Moniruzzaman and Aneek R Hoque—For Opposite Party No. 1. Tania Amir—For Opposite Party No. 2. Civil Revision Nos. 1937, 1938 & 1939 of 1995. Judgment Md. Abdur Rashid J.- This order will dispose of the above three Rules. 2. The Rules were obtained by defendant Nos. 1 and 2......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name. Ed. This Case is also Reported in: 54 DLR (2002) 17...

Category: Civil Law | Date: | Hits: 101

M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)

.... Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneous Case No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing ......ad with section 151 of the Code seeking for temporary injunction in respect of the suit land. The trial Court issued show cause notices upon the defendant-petitioners, along with it also granted ad‑interim injunction restraining them from encroaching upon the suit land and disturbing the peaceful ......‘ the Opposite Parties. Civil Revision No. 1389 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule the opposite party Nos. 1 and 2 were called upon to show cause as to why the impugned order dated 5‑5‑1996, passed by the learned Senior Assistant Judge, Sadar, Bhola in Miscellaneou......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...

Category: Property Law | Date: | Hits: 28

Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)

....ase No. 32 of 1992 against the opposite parties Nos. 1 and 2 as pre‑emptees under section 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte heari......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......‘ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Judge, Dacupe Court under Khulna District in......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...

Category: Property Law | Date: | Hits: 36

Matiur Rahman (Md) Vs. People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... Court Division (Special Original Jurisdiction) Present: SAN Mominur Matiur Rahman J Md. Arayes Uddin J Matiur Rahman (Md)..............Petitioner Vs. People's Republic of Bangladesh and others..................Respondents Judgment April 24, 2002. Cases Referred To- ......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26.......etitioner. MA Samad, Advocate ‑ For the Respondents. Writ Petition No. 4540 of 2000. Judgment SAN Mominur Rahman J.- Rule was issued calling upon the respondents to show cause why the order of transfer of the petitioner, an unskilled labour, to the post of Darowan by order dated 10â€......the writ petition changing his status and transfer as Darowan is declared to have been passed without lawful authority and of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 26...

Category: Labour and Industrial Law | Date: | Hits: 71

M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-­Corruption & ors., 2001, 30 CLC (HCD)

.... ......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......lation of one deep‑tubwell with electric motor for estimated cost of Taka 3,79,495 and respondent No. 6 as contractor was required to complete the work within one month from the receipt of the work order. Since respondent No. 6 failed to execute the aforesaid work as per the contract specification......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ..

Category: Anti-Corruption Laws | Date: | Hits: 138

Aliluddin and others Vs. Ministry of Land Administration and Land Reforms & others, 1999, 28 CLC (HCD)

.... Kishore Paul and Ray Kishore Paul, Hara Kishore Paul, and Rain Kishore Paul; that while in peaceful possession the aforesaid owners through a kabala dated 7-4-1972 transferred 1.40 acres of land to Kadarjan Bibi and by 3 (three) other kabalas on the same date sold 5.21 acres of land to petitioner N......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ......ng involved similar facts and a common question of law are taken up together and disposed of by a single Judgment. 2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (communicated under the signature of Respondent No.3 ......hout lawful authority and to be of no legal effect. In the result, the Rules are discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..

Category: Property Law | Date: | Hits: 31