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Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... is that the suit prop­erty measuring 1.20 acres of land under R.S. Khatian No.1226 corresponding to S.A. Khatian No.1527 originally belonged to Kumud Lal Ray Chowdhury and his two brothers in equal shares. Kumud Lal Ray Chowdhury and his brothers settled the suit property to Abani Mohan Ray Chowdh..

Category: Property Law | Date: | Hits: 80

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....and action of derailed individual offenders is not enough. The root cause and the solutions of the problem are to be found out. To that end the forerunners of our society, particularly those who play major role in building up the social and individual psyche, need to seriously address the issue of p......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..

Category: Criminal Law | Date: | Hits: 224

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593....... 589 and 596 of mouja Helanchi under Thana Monirampur were recorded in the names of Eshan Chandra Das, Hazari Das, Rajbihari Das, Satish Chardra Das, Panchamoni Dasi and Sudhir Das in their specified shares. While jointly possessing his shares, Satish Chandra Das died leaving three sons, namely, the..

Category: Property Law | Date: | Hits: 69

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....an and also by any other thing. But as Shahid himself confessed in his first statement made on 13-5-1998 he attempted to cause penetration. The result was the congestion in the vagina and the injured major labia. 91. In support of our finding we may rely upon the decision reported in 56 DLR (AD) ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....eported to be 'on transit' in Singapore, which did not in fact reach Chittagong. Remaining two consignments namely FBL BUCH­1064 and BUCH‑1065 were never shipped at all. Those consignments covered major portion of the letter of credit being for US $ 1,19,321.10. Third defendant KEB negotiated the......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..

Category: Business or Commercial Law | Date: | Hits: 289

Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)

....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......d by limitation etc. and liable to be dismissed because of insufficient court fees. The suit land of R.S. dag Nos.1980 and 1979 belonged to Khalilur Rahman, Abdul Hamid and Mosharaff Ali in their 1/3 shares of each and R.S. record was rightly recorded in their names. Khalilur Rahman and Abdul Hamid ..

Category: Property Law | Date: | Hits: 65

Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)

....for the factory the petitioners opened Letters of Credit in September, 1999 and May, 1999 respectively. On arrival of the capital machineries the same were installed part by part and by January, 2000 major parts of the machineries were set up. The companies went into commercial production on and fro...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..

Category: Fiscal/Taxation Law | Date: | Hits: 93

Solaman Vs. State, 2005, 34 CLC (HCD)

....d. Abu Musa stated that the country made shuttergun was recovered from right waist of the accused. In cross examination he has stated that he does not know whether the accused-petitioner was minor or major and he denied the suggestion that no shuttergun was recovered from the possession of the accus....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..

Category: Criminal Law | Date: | Hits: 53

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

.... Rule and it must fail. In the result, the Rule is discharged for the above reasons without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 207, 26 BLD (HCD) (2006) 361. ...... by an agreement dated 30-11-1982 made between the government of Bangladesh, Bangladesh Jute Mills Corporation and the petitioner company. With the denationalisation of the petitioner company its 35% shares are still held by the government represented by 3 (three) directors on the board of directors..

Category: Civil Law | Date: | Hits: 125

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

....53) Karachi, which relied on the decision in the St. Merriels case it was held that a time charterer or a charterer by demise, do not fall in the category of a person who beneficially owned asrespect majority shares of a ship as they only beneficially possess the ship for the time being subject to t...... defendant No. 5 vide Charterparty Agreements dated 3-10-2002 and 1-10-2004 respectively. The defendant No. 5, being a time charterer of the vessels, is not the beneficial owner in respect of all the shares of the aforesaid two vessels and hence the admiralty jurisdiction of this Court cannot be inv..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

.... the Constitution. But the same is there in the framework of the Constitution. Under Article 56(3) the President shall appoint a Member of Parliament as Prime Minister who commands the support of the majority of the members of the Parliament. The Prime Minister shall determine number of Ministers ni......gister of Member's Interests and make public declarations in debate or committee proceedings of any interests they hold which may affect their impartiality. The holding of directorships, ownership of shares, consultancy positions and receipt of gifts all raise issues concerning integrity and fitness..

Category: Information Technology Law | Date: | Hits: 324

Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)

.... only in respect of 57,550 shares except­ing 27,450 shares which would remain with the writ-respondent No.1-appellant. The High Court Division held that the writ-petitioner-respondent No.2 being the majority share holder of the company is entitled to get back the entire properties of the company an....../71/ B dated 26-12-1971 the management of the company M/S Helal Jute Press Ltd. was taken over, though the company is a Bangladeshi company and that on his return the respondent No.2, holder of 54000 shares out of 85000 shares, made representation to the Government for release of the goods of the co..

Category: Property Law | Date: | Hits: 128

Chairman, Chittagong Water Supply & Sewerage Authority (CWASA) and others Vs. EPI-BFEW Consortium & others, 2010, 39 CLC (AD)

....e offer of DCL-SBA to make it responsive, in spite of difference of opinion among the TEC members, the Chairman TEC, ignoring the provisions of Public Procurement Regulations (PPR), 2003 incorporated major modifications to make the DCL-SBA offer look responsive in order to defeat the legitimate inte......ts. The impugned judgment and order passed by the High Court Division making the Rules absolute are set aside. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 9, VIII ADC (2011) 146. ..

Category: Others | Date: | Hits: 164

Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)

....ng factor to allure the IOCs to involve themselves in the exploration activities in those countries of proven oil resources even at less favourable terms. PSC models of those countries also underwent major transition over the years, and the pattern being currently practiced, is the result of many ye......ng the preceding 24 years, Petronas has emerged as an internationally reputed company with operation in 14 countries. It has been granted 15% Carried Interest Participation by the State, meaning, 15% shares are reserved for it out of all PSCs, Malaysia enters into with overseas companies. Petronas i..

Category: Constitutional Law | Date: | Hits: 231

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204.......and from khatian No.9 was settled to Malancha Bibi which was ultimately recorded in the names of Somed Ali, Safed Ali and Wares Ali. The defendant Nos.2 and 3 on 31-12-84 transferred their respective shares to Shahabuddin, son of defendant No.1. The Government of Bangladesh subsequently acquisitione..

Category: Property Law | Date: | Hits: 102

Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)

....et aside and those of the trial Court are restored. Partition as affected by the Advocate Commissioner is made final. Send down the LCR. Ed. This Case is also Reported in: 58 DLR (2006) 81. ......of the Commissioner is limited by the warrant which issued to him. He is required to divide the joint properties as per the direction of the Court. In dividing the joint properties, he will allot the shares as the Court directed him and distinguish them by metes and bounds. After partition of joint ..

Category: Property Law | Date: | Hits: 70

Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)

....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51........ At the instigation of their step-mother, their father withdrew and appropriated a fat sum of money out of the insurance claim on the death of their mother without paying them any money out of their shares. Relation between the plaintiffs and their father gradually deteriorated, and Shamsul Haque w..

Category: Property Law | Date: | Hits: 139

Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)

....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...

Category: Property Law | Date: | Hits: 75

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

.... of Abdul Quddus Vs. State reported in 43 DLR (AD) 234 may be referred to. In that case the learned Advocate contended that the oral evidence of P.W.2 indicated that the deceased Dilara sustained two major injuries on her back. Whereas the medical officer found six injuries and, as such, according t......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439...

Category: Criminal Law | Date: | Hits: 50

Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)

....le she was cooking. We could not find any mention of such motive even in the dying declaration. It is true that the learned Additional Sessions Judge was swayed by newspaper reports, which occupied a major part of his judgment. 45. He quoted entire reports of the newspaper in his judgment. Anyone......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..

Category: Criminal Law | Date: | Hits: 49