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Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
....ao’, 'kirich’, etc on the deceased which he had seen from nearby railway line. This P.W. claimed that he followed the deceased, as he had talks with him (deceased) to go to Chittagong for his own business. This P.W. is admittedly not charge-sheet inasmuch as his statement was not recorded by the...... Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, AdvoÂcate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......ibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: None appears - For the petitioner. Ahsanul Karim, Advocate - For the Respondent No.7. Writ Petition No.9875 o......g infructuÂous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ......mmission under Rule 70 because: (underlinings are mine) (a) the real and larger of completion of free and fair election with rigorous promptiÂtude for timely emergence and functioning of elective bodies must take precedence over settlement of private disputes. (b) all election disputes must w..Category: Election Law | Date: | Hits: 231
Promode Ranjan Paul & others Vs. Government of BanglaÂdesh & others, 1986, 15 CLC (HCD)
....ur of his son Ashim is also forged, fictitious and antedated. The defendant No.3 Piara Mia was in possession of some portion of the building and C.I. sheet hut of the suit land and he was running his business therein and he was subsequently granted lease of .04 acre along with the structure thereon ......another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petitioners. A.F.M. Shahid Deputy Attorney General - For the Opposite Party. Civil Revi......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......ged with observation. Case Referred to- Maritime Electric Co. Ltd. Vs. General Dairies Ltd., AIR 1937 PC 115. Lawyers Involved: Md. Hannan with Md. Khaled Ahmed, Advocates ‑For the Petitioner. Khandaker Mahbubuddin Ahmed with AY Masihuzzaman & SM Monir, Advocates ‑ ......ent is Bangladesh, represented by the Secretary, Ministry of Health and Family Planning of the Government of Bangladesh, while the second respondent is the Chairman of Bangladesh Homeopathic Board, a corporate body constituted under section 3 of the Bangladesh Homeopathic Practitioners Ordinance, 19......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....common fund of the joint family and the purchase was in the interest of all three brothers. The aforesaid 3 brothers possessed the suit property jointly through bharatia and also by carrying on joint business therein. The brothers became separated in mess 23/24 years before the institution of the su......is If gal representatives and another, A.I.R. 1969 (SC) 1076; Perumal Vs. Central Government of Pakistan, 15 DLR (SC) 58. Lawyers Involved: B.B. Roy Chowdhury with Nikhilesh Dutta, Advocates - For the Appellant. Ramendra Kumar Majumder, Advocate - For the ResÂpondent. Second Appeal No.1......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ..Category: Property Law | Date: | Hits: 111
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....r monthly tenancy of the suit premises on 12-1-1988. The rents were paid regularly. Thereafter the agreement being renewed from time to time after every two years the defendant tenant, is running the business of "Shapla Community Centre" in the suit premises. After the demise of both the original la......cords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......law it is clear that the provisions are equally safeÂguarding the interest of both landlord and the tenant meaning the landlord cannot evict the tenant if the tenant performs his part of duties as incorporated in the agreement including paying the entire rent withÂin the time as specified in the a......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
....gineer (respondent No.2) and on 24‑8‑2000 respondent No.2 sent the same to the Purchase Committee of the Roads and Highways Department on 24‑9‑2000.
7. In the usual and normal course of business the Purchase Committee is to recommend award to the lowest bidder (in this case the petit......
The Rule is disposed.
Cases Referred to —
Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and another, 48......ice (lowest) quoted by the petitioner for acceptance by the Government vide Annexure H dated 11‑23‑2000.
2. The case of the petitioner, in brief, is that it is a private limited company, incorporated under the Companies Act, 1913. It was registered on 6‑6Â-1973. The said Company is sp......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....r of the rest petitioners except petitioner No.3 who is the son‑in‑law and nephew of respondent No.2 Respondent No.2 being the head of the family and the Company being a family concern the entire business affairs and management of the Company were run by him in the manner of a proprietorship con......1. ...... application under section 38 of the Companies Act, 1913 for rectification of share register of respondent No.1 Company, namely, Doctor's Chemical Works Limited, a private company limited by shares incorporated under the Companies Act, 1913, having its office at Bogra Town, Bogra. 2. It is sta......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....r Musa Bin Shamsher, Proprietor, M/S. Detco International, 47E, Road No.11(Banani P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The ......llwo March & Company Vs. The Court of Wards (1872) L.R.4. PC 419; Piddocke Vs. Bunt (1894) I Ch.343. Lawyers Involved: Habibur Rahman Khan with Farmanullah Khan and S.A. Latif, Advocates - For the Petitioner. Amirul Kabir Chowdhur, Advocates -For the Opposite-Parties. Criminal Revis......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....n which the persons employed are governed by the Government Servant Conduct Rules and for matters connected therein. Section 2(d) defines a commercial establishÂment as an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency and ...... ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....ate entity. The respondent further states that the corporation, a commercial organisation, needs due care to took after its valued passengers by offering best services in the ever competitive airline business of the world and Biman Cabin Crew plays a vital role. Keeping in view the nature of the ser......preme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. ......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......utta and another, 1965 (SC) 961; State of Rajasthan and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Lt......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....sistant Sessions Judge is appointed, then under section 17(3) of the Code, he shall be subordinate to the Sessions Judge in whose Court he exercises jurisdiction. The Sessions Judge will disÂtribute business among the Assistant Sessions JudgÂes. In order words, the Additional and Assistant SesÂsi...... 1984 BLD 250; Rupdhan Vs. The State, Criminal Appeal No.291 of 1982; Shamsul Huda & others Vs. The State, 1986 BLD 367; the Commissioner of Income-tax, Dhaka Zone Vs. M/s. ReliaÂble Machinery Stores, PLD 1968 Dhaka 975; 1984 BLD 250; Ram Narain Sons Ltd. & others Vs. Asstt. Commissioner of......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......ahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Refer......Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......et which had passed through his body. It was suggested in the Courts below and was also pressed before the Court to a slight extent that these marks were caused by a single bullet passing through the bodies of both men." 10. Charges were framed under sections 148/302/149 of the Penal Code. The ac..Category: Criminal Law | Date: | Hits: 128
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....at there was no allegation in the impugned notices of any encroachÂment, over or under a street, drain or a public place. The allegations on the contrary were that the petiÂtioners were carrying on business by setting up shops illegally without any valid permission. The Division Bench held that th..............Respondents (Writ Petition No.533 of 1985) Judgment April 13, 1989. Result: All the Rules Nisi are made absoÂlute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorne......they should pay the costs in the Rules. In the result all the Rules Nisi are made absoÂlute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made absoÂlute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....e plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that, the plaintiff is a private limited company and has a freezing plant in Chalna and engaged in the business of processing, storing, freezing and exporting shrimps and prawns to the foreign countries.......€¦â€¦â€¦..Respondent Judgment March 15, 1999. Result: FA No. 277 of 1994 is allowed. FA No.129 of 1995 is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Bo......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435....... Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General with Obaidur RahÂman Mostafa, M. A. Rouf, Advocates - For the State. Md. Abdur Rah......s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......lation. 4. On receipt of the First Information Report the Police took up the investigation of the case and went to the place of occurrence. The Investigation Officer held inquest upon the two dead bodies and sent the dead bodies to Patuakhali morgue through constable Probath Kumar and another for..Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....artÂnership would be executed between the defendant No.1, his son Ehsanul Hasan Khan and the plainÂtiffs. The further stipulation was that the plaintiffs would enjoy the profit and bear loss of the business proportionate to the aforesaid advance of Tk.45,000/-till execution and registration of the......al is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issardas, AIR 1925 Sind 342; YAJ Noorul Hai and anothers Vs. SPLKR Karuppan Chettiyar, AIR 1925 PC 232; Addonzi Narayanappa and another......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....has been canvassed by Mr. Masihuzzaman that present revisional application is not maintainÂable because it has been filed by Bangladesh represented by the Chairman, BTTB which is against the rule of business by the Government and if, in fact, Bangladesh would be the applicant then Bangladesh ought ......Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1. Civil Revision No.......ard is a nullity in the eye of law as at the relevant time neither the arbitrator nor the Court could pass an award against BTTB as it was a department of the Government inasmuch as the BTTB lost its corporate existence pursuant to Ordinance No.12 of 1979. This Miscellaneous case on contest was dism......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
....sideration of Taka 12,00,000.00 out of which he received taka one lac as earnest money on the day of execution of the agreement dated 30-7-79. The case of the defendant is that, he had been a reputed businessman of Dhaka and decided to sell the suit property in order to raise fund for enlarging his ......ppellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Qazi ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
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