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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....inal proceeding. This Division has echoed the views taken in Bhajan Lal that on the plea of malafide a complaint or an FIR should not be thrown out in exercise of inherent power. 48. In Al-haj Md. Serajuddowlah Vs. State, 43 DLR (AD) 198, it is observed "the High Court Divisi......Vs. Bhajan Lal, AIR 1992 (SC) 604; Babul Vs. Deputy Commjssion, Noakhali 49 DLR (AD) 111; State of Haryana Vs. Ch. Bhajan Lal, AIR 1992 (SC) 604. Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Tania Amir, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Appel......ourt Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others.......................nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......ttorney General, Md. Moniruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant Attorney General and Md. Osman Gani, Assistant Attorney General—For the State. Md. Ahsan Ullah, Advocate with Montasir Ahmed, Advocate—For the State Defence. Death Reference No.15 of 20......niruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant Attorney General and Md. Osman Gani, Assistant Attorney General—For the State. Md. Ahsan Ullah, Advocate with Montasir Ahmed, Advocate—For the State Defence. Death Reference No.15 of 2006. Criminal Misce......eputy Attorney General, Md. Moniruzzaman, Assistant Attorney General, Md. Mahbub Ul Alam, Assistant Attorney General and Md. Osman Gani, Assistant Attorney General—For the State. Md. Ahsan Ullah, Advocate with Montasir Ahmed, Advocate—For the State Defence. Death Reference No.1..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ....... Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leave petition is dismissed. Lawyers Involved: M. Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Mahmudul Is......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Sayed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitione...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......0 DLR 307 and PLD 1957 Karachi 315; Gladstone Wyllie and Co. Ltd. Vs. Shahidi Trading Corporation Ltd. , 10 DLR 307. Lawyers Involved: Md. Mizanul Haq Chowdhury, Adv. With Hasan Mohammed Riyed, Advocate-For the plaintiff. M. Hafizullah, Sr. Adv. With Muhammad Ohiullah, Advocate-For the resp......ion Act. In the case of River Steam Navigation Co. Ltd. and India General Navigation and Rly Co. Ltd. Vs. Messers Dada Ltd. a division bench of the Dhaka High Court constituted by their lordship Amin Ahmed CJ and Chakarabarti J affirmed the judgment reported in 10 DLR 242 treating the dispute in the...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......AD) 167; Tarique Rahman Vs. Government of Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. State, 44 DLR 342. Lawyers Involved: ASM Abdul Mubin, Advocate - For the Petitioner. Md. Khurshid Alam Khan, Advocate - For the Opposite Party ......h, lodged FIR with Kotwali Police Station against accused Farid Uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23-1-2003 received Taka 8,70,000 from Juned Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giv...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......nt June 23, 2011. Result: The Rules are made absolute. Cases Referred to- Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Madaris Ali Vs. Biswamber Das, 46 DLR 34; Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 50 DLR 441; Zakaria Hossain Chowdhury Vs. City Bank ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......er Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek ......ion (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain j Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanaga......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......er Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek ......ion (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain j Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, represented by its Manager, Kangshanaga......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......nd the Ain. Therefore, execution proceeding as well as the order for issuing warrant of arrest is lawful and the Rule is thus, liable to be discharged. 4. Mr. Md. Hadayet Hossain, the learned Advocate for the petitioner submits that the suit was decreed on 19-9-1991 and the execution case f......n: 64 DLR (HCD) (2012) 75. ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......r Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. Kamal-ul......Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appel......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......3; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub Ali, (1994) 46 DLR (AD) 13. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. M. A. Jabbar, Advocate, instructed by M. G. Bhuiy......n (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abu Bakkar Lashkar & others………&hellip......ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......therein, because such a device shall totally make the section itself nugatory……………………(12) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Mrs. Mahm......esent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman……………………&helli......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......AD) 67; Alamgir Hossain Vs. State, 49 DLR 630; Abu Taleb Vs. State, 59 DLR (AD) 93; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193 = 37 DLR (AD) 139. Lawyers Involved: Md. Shah Alam Dewan, Advocate—For the Petitioner. Md. Shohrowardi, Deputy Attorney-General with Md. Nazibur Ra...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......on of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence of any more witnesses. 5. On the other hand, the learned Advocate for the defense made submission for dropping all further proceedings of the case on the gro......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......d judgment and order of conviction the accused appellant has preferred the instant appeal. 10. Mr. Md. Aminul Hoque with Mr. Abdullah-Al-Mahmud Chowdhury and Mr. A. F. M. Saiful Karim, the learned Advocates appeared for the accused appellant. 11. Mr. Md. Aminur Rahman Chowdhury, the learned At...... Mominuddin-For the respondent No.1. Criminal Appeal No. 6821 of 2009. Judgment Shahidul Islam J. - This appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the jud......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......……………………..(13) Formal defects and withdrawal of the suit The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XXIII Rule 1 In drafting the plaint the learned Advocate for the plaintiff appellant did not notice the schedule of the deed and drafted plaint as ......ollector of Rajshaye and others, 13 Moor's Indian Appeals 160; Saidur Rahman Molla and another Vs. Abdur Rahman and others, 13 DLR 160; Madan Mohan Vs. Abdus Samad, 32 DLR 176; Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 54 DLR 416; Abdur Rahman Vs. Kheru Malitha and others, 50 DLR (AD...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......site Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawyers Involved: Md. Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite......mmediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:......ule is herby vacated. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in:..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ...... (Special Original Jurisdiction) Present: AHM Shamsuddin Choudhury J Gobinda Chandra Tagore J Human Rights and Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, Bangladesh......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The Rule is disposed of. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Mustafizur Rahman Khan, Advocate-For the Petitioner. Amir-Ul Islam, Senior Advoa......med J. - I agree. Ed. This Case is also Reported in: ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ...... public shareholders but the Articles of Association of the Company has not given any such preferential right to any public subscribers. ......... (84) Lawyers Involved: Dr. M Zahir, Senior Advocate with Ashraful Hadi, Advocates—For the Respondent No.1. Ahsanul Karim with Khairu...... Dr. M Zahir, Senior Advocate with Ashraful Hadi, Advocates—For the Respondent No.1. Ahsanul Karim with Khairul Alam Chaudhury, Advocates—For the added Respondent No.2A. Moudud Ahmed, Senior Advocate—For the added Respondent No.2B. &nbs......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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