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Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....e sequentiality of facts arising in these Applications, this Court deems it pertinent to first take up the matters at issue in Writ Petition No.2669 of 2000. The Petitioner in this Writ Petition is a businessman aggrieved by the passing of the Rangamati, Khagrachari and Bandarban Hill District Loc...... (2005) 525; Italian Marble Case commonly known as the 5th Amendment Case, 2006 (Special Issue) BLT (HCD); West Bengal Vs. B.K. Mondal & Sons, AIR 11962 (SC) 779; Montreal Street Railway Co. Vs. Normandin, AIR 1917 PC 142; Kudrat-E-Elahi Panir Vs. Bangladesh, 44 DLR (AD) (1992) 319; BLAST Vs. Ba......mmercial transactions. Accordingly, the Indian Supreme Court in West Bengal Vs. B.K. Mondal & Sons reported in AIR 11962 (SC) 779 held that Article 299 (1) of the Indian Constitution has been incorporated on the ground of public policy to protect the state from the liability of unauthorized ......g about a structural change for maximum self-rule within the framework of a sovereign unitary State. Among the salient features of the laws was to ensure that the complexion of the local Government bodies or councils would be such as dominated by the tribal peoples while ensuring proportionate rep..

Category: Constitutional Law | Date: | Hits: 314

Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)

.... Bank, Ramna Corporate Branch, Dhaka the drawee. It also appears that the accused-petitioner as managing director of the Company was in charge of and responsible to the Company for the conduct of its business. Thus he was responsible for bouncing the said cheques and thereby committed the offence ......Vs. The State and another………………………Opposite parties Judgment January 7, 2010. Result: The Rule is discharged. Lawyers Involved: Syed Al-Asafur Ali, Advocate - For the Petitioner. Zahirul Hoque Zahir, Deputy Attorney-General - For the Opposite party No......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ..

Category: Criminal Law | Date: | Hits: 138

Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....ng citizen of the country and Proprietor of Messrs Parul Trade International. He obtained a C&F license from the Joint Collector of Customs in the year of 1983 and since then he is continuing his business without any hazard. On 1-6-2002 the Respondent No.4 issued a office order upon the Petition...... Bangladesh and others………………………………..Respondents Judgment October 21, 2009. Result: The Rule is made absolute. Lawyers Involved: Manzil Murshid, Advocate - For the Petitioner. Md. Mostafa Zaman Islam, Deputy Attorney-General - For the Respondent No......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ......roup-2 and Inquiry Officer, Customs House, Dhaka and withdraw the suspension order of license. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 82. ..

Category: Fiscal/Taxation Law | Date: | Hits: 166

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......s Case is also Reported in: 50 DLR (HCD) (1998) 606. ......d to and accepted by the petitioner No.1. 12. Section 2 sub‑section (h) of Employment of Labour (SO) Act, 1965 says; "Section 2(h): (h) 'employer' means a person, a body of persons or body corporate, company or institution owning or managing a shop, commercial establishment or industrial ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ..

Category: Labour and Industrial Law | Date: | Hits: 215

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

.... is pending before the Metropolitan Sessions Judge, Dhaka and last date of hearing was on 21-4-2010. 5. The defence case as it appears from the record is that the accused petitioner is a bona fide businessman and he got some work orders for erecting some buildings at Rangpur and at that time, h......89; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9. Lawyers Involved: Habibur Rahman with Delwar Hossain Lasker, Advocates - For the Petitioner. M.A. Mazid, Advocates - For the opposite Party No.2. Zahirul Ha......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..

Category: Criminal Law | Date: | Hits: 99

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......��………………………Respondents Judgment October 21, 2009. Result: The appeal is allowed. Lawyers Involved: Fazlul Karim, Advocate with Mrs. Fowzia Karim Firoz, Advocate - For the appellant. Md. Israfil Hossain, Advocate - For the respondents. First Misce......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

.... the occurrence and in order to save their skin have fabricated a false case against the accused persons. The specific case of condemned prisoner Kamal Ahmed is that he is a contractor doing contract business at Rajshahi and also has a workshop, that he came to Bogra on that date in order to procure......�………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kash......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......ing the OC of Bogra P.S. there who came to the place of occurrence hospital on getting telephonic information. Bogra Sadar police started PS Case No.16 dated 25‑4‑90. Inquest was held on two dead bodies by SI of Police Md. Sirajul Islam who then sent the dead bodies to the morgue for post‑mort..

Category: Criminal Law | Date: | Hits: 131

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)

.... M. M. Sarker. Thereafter, on 20.04.2006, the informant requested the accused-petitioner to repay the said money when he asked him to wait for sometime and also offered him to become a partner of his business. Then, on 21.05.2006, he got the informant and two others, namely, Engineer Faruque Alam an...... (1999) 159; Habib (Md.) and another Vs. State, 52 DLR (High Court Division) (2000) 105; Lutfar Rahman and others Vs. State, 13 MLR (AD) 126. Lawyers Involved: Nakib Saiful Islam, Advocate - For the Accused-Petitioner. Khandaker Diliruzzaman, Assistant Attorney General, with Ms. Bea......It is the duty of the Court of justice to try to get at the real intention of the legislature. 16. As in the instant case, we feel to understand that it was the intention of the legislature to incorporate Section 561A in the Code of Criminal Procedure with a view to prevent abuse of the process......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ard Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as such since 1961 without any hindrance to his lawful work as Nikah Registrar. Further, for smooth running of his business he also engaged one Mvi. Elahi Baksh to assist him in the discharge of his duty as Nika Reg......o Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..

Category: Civil Law | Date: | Hits: 112

Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)

....t there is no scope of going beyond the plaint in deciding an application under Order 7 rule 11 of the Code of Civil Procedure. He also submitted that plaintiff required no licence for conducting its business as a financial institution before issuance of such a licence by the Bangladesh Bank on 7‑......High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Eastern Bank Limited……………………………Petitioner Vs. Subordinate Judge and another………………………………Respondents Judgment February 5......uit is loan (ঋণ) or not is a mixed question of fact and law and should be decided in the suit after taking evidence. 14.Plaintiff was incorporated on 24‑6‑1984 July 7th, 1997 with the permission of the Bangladesh Bank on the basis o......nd of no legal effect and Artha Rin Adalat is directed to return the plaint to the plaintiff for presentation before the proper Court. Ed. This case is also Reported in:49 DLR (HCD) (1997) 531. ..

Category: Civil Law | Date: | Hits: 119

Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)

....5 and 6. 22. In my view, the wording of the aforesaid two clauses were sufficient to put respondent No.6 on notice that there may be some impropriety in the matter. No reasonable or prudent man of business would pay a substantial sum of money and enter into an agreement absolving the seller from ...... of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ......f such notice, the arbitration proceeding shall be deemed to have commenced. 16. Referring to the provision of section 7 Ka of the Arbitration Act, 2001, Mr. Kamal contends that section 7 Ka was incorporated subsequently into the Act for the purpose of preserving the subject matter of the arbitra......ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ..

Category: Alternative Dispute Resolution | Date: | Hits: 632

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

....blished manpower exporter and carrying on business in the name and style of M/S Winner Overseas. He went to Saudia Arabia in the year 1992. After returning from Saudia Arabia, he started Manpower business earlier in connection of service he went to Saudi Arabia. In the last part of 1998 as man......); 56 DLR (2004) 169; 53 DLR (2001) 283; 15 MLR (HCD) 218; 12 MLR (HC) 389; 15 MLR (AD) 404. Lawyers Involved: Subrata Chowdhury with Abdel Mannan Bhuiyan with Md. Jiaur Rahman Sali, Advocates-For the petitioner. Md. Mamunor Rashid, Assistant Attorney General-For the state. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....on 12‑11‑96 Mr. Rahman submits that it may be argued from the side of the State that if she was not involved in the occurrence then why she was present at Bangabhaban on that date when she has no business there. Mr. Mahbubur Rahman placing the relevant portion of the confessional statement submi......�………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, 37 DLR (AD) 139; Abdul Hakim and others Vs. State, 1987 BCR (AD) 143. Lawyers ......the submissions made by the learned Attorney‑General Mr. Mahbubur Rahman placed before us the decision reported in 27 DLR (AD) 29 (Lutfun Nahar Begum Vs. State) wherein the word "offence" as incorporated in section 30 of the Evidence Act has been expend and considered by the Appellate Divisio......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... statutory Corporation. While summarising the decisions of the case in paragraph 91 of the reported case the Appellate Division observed, "We are concerned in these two appeals with the statutory bodies of public character, viz. Bangladesh Small Industries Corporation and Janata Bank and the law..

Category: Employment/Service Law | Date: | Hits: 120

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......in Faruki and others..........Plaintiff-Respondent-Opposite Parties Judgment November 11, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Helaluddin Mollah with Md. Khorshed Mia and Md. Shahjahan Kabir Md. Mizanur Rahman- For the Petitioner. Hassan M.......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......ansaction agreed upon between the parties including registration of the property. Such power of attorney gives the power to deal with other parties including Government Statutory authorities, local bodies in respect of transaction relating to the transfer and conveyance of rights and interest of t..

Category: Civil Law | Date: | Hits: 115

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....l passenger and cargo flights worldwide. 3. Respondent No.1 company (hereinafter referred to as the company) is a private company incorporated under the Companies Act, 1913 and is engaged in the business of selling airlines ticket. 4. In course of their business, the company was appointed ......tock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......imited is an International Airlines company operating commercial passenger and cargo flights worldwide. 3. Respondent No.1 company (hereinafter referred to as the company) is a private company incorporated under the Companies Act, 1913 and is engaged in the business of selling airlines ticket. ......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

Category: Company Law | Date: | Hits: 164

Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)

....nal rate and the plaintiff had to pay extra charges, demurrages, container rents, port charges, shipping agents bills for inordinate delay in releasing the goods; that the plaintiff also suffered business loss and turn over loss and also in mental shock etc. for ill activities of the defendant N......onowar Hossain..................................Plaintiff-opposite party Judgment January 20, 2011. Result: The Rule is discharged. Lawyers Involved: Abdul Khaleque, Advocate-For the petitioner. Golam Mohiuddin, Advoacate- For the opposite party Civi......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..

Category: Fiscal/Taxation Law | Date: | Hits: 156

Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)

....s office at 11/2, Toyenbee Circular Road, Motijheel Commercial Area, Dhaka. 2. The petitioner’s case is as follows: The petitioner is a company incorporated in Thailand and is engaged in the business of Air transportation of passengers and cargo. The petitioner has extensive network of air ...... June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referred to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd., ...... company Air Route Services Limited having its office at 11/2, Toyenbee Circular Road, Motijheel Commercial Area, Dhaka. 2. The petitioner’s case is as follows: The petitioner is a company incorporated in Thailand and is engaged in the business of Air transportation of passengers and cargo.......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..

Category: Company Law | Date: | Hits: 145

Abdur Rahman Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1997, 26 CLC (HCD)

....lur Rahman, Khatilur Rahman, Golam Mowla, Nannu, Gendu, and others went to Gaibandha to appear in Court in connection with a case. Monsur Ali and Abdul Malek also went to Gaibandha for their personal business. In the evening of the same day they all returned to Bamandanga Railway Station and from th...... Vs. Bangladesh, 45 DLR (AD) 1; Kh. Ehteshamuddin Ahmed alias Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154. Lawyers Involved: M M Hyder Ali with Haroon‑ar‑Rashid, Biswajit Roy, B Chakrabortty and Reba Kaniz, Advocates ‑ For the Petitioner. Bazlur Rahman Chhana, Assistant Attorney�......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ......onnection with any other case. Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action. Ed. This case is also Reported in:49 DLR (HCD) (1997) 344. ..

Category: Constitutional Law | Date: | Hits: 259

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others, 2010, 39 CLC (HCD)

.... required for his yard. 24. Respondent No.16 adopted the legal arguments made by respondent No.15 and submitted that the respondents, at the instigation of the petitioner, were disturbing lawful business and by filing false cases, were harassing him which amounts to violation of his fundament...... Imman Ali J Md. Abu Tariq J Bangladesh Environmental Lawyers Association(BELA)……………………Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Environment and Forest and 18 others……………………..Respondents Judgment September 9, 2010. Resul......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ......h, of no legal effect. Order of stay granted in this Rule stands vacated. Communicate the judgment to the respondent Nos. 1-13. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 123. ..

Category: Environmental Law | Date: | Hits: 891

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