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Hafizuddin Vs. State, 1989, 18 CLC (HCD)

....ure and character of the prosecution witnesses. P.W.2, Chanda Mia, P.W.3 Shahid and P.W.9 Ayet Ali are relations of P.W.1, Abdul Latif Sikder, the informant of the case. More­over, P.W.s 1 and 3 are business partners, P.Ws. 1, 2, 9 and 10 were supporters of P.W.5 Mohsin Mia Ex-Chairman of the Upazi......¦â€¦Appellant Vs. The State…………………………………Respondent Judgment February 16, 1989. Result: The appeal is allowed. Lawyers Involved: M.A. Tariq, Advocate-For the Appellant. S.B. Barua, Advocate — For the State. Criminal Appeal No. 447 of 1986. ......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......­quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..

Category: Criminal Law | Date: | Hits: 92

Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)

....ropolitan Magistrate, Dhaka against the opposite parties alleging, inter alia, that he was the Managing Partner of M/S Maanco Casting Industries, a registered partnership firm. It was carrying on its business of production and trade of cast iron, sanitary pipes, fittings etc. since 1955-56 with good...... Referred to- 6 BLD 315; 25 DLR 331; 22 DLR 502; Md. Monzur Alam Vs. The State and another, 11 BLT (AD) 156; Shahidullah Patwary Vs. State, 35 DLR (AD) 281. Lawyers Involved: No one appears for either of the parties. Criminal Miscecellaneous Case No. 3734 of 1998. Judgment Md. Ruhu......n. It had also registered the trade marks “Maanco” and “Manco” in its name and obtained exclusive right to use the trade marks on its products. The accused persons (herein opposite parties) incorporated a company named “Manco Casting Industries Ltd.” in 1987 deceptively similar with the ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 114

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....aks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previ­ously a proprietorship business firm and subsequently it was converted into a private limited company. (Petitioner No.1 is ......espondents Judgment November 14, 1989. Result: This Rule is made absolute. Lawyers Involved: M.I. Farooqui with M.A. Wahhab Miah, M. Saleemullah and Md. Mohsin Rashid, Advocates— For the Petitioners. S.A. Hasan, Assistant Attorney-General—For Respondent Nos.1 and 2. Tufai......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..

Category: Property Law | Date: | Hits: 115

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....of the evidence which will be adduced by the parties in the case. 6. Section 294B was inserted by Act XX of 1965. This section makes an offence if any person offers in connection with any trade or business or sale of any commodity, any prize, reward or other similar consideration, whether in mone......Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. Lawyers Involved: Shirin Sharmin Chowdhury with Tania Amir and Manzil Morshed, Advocates—For the Petitioners (In Criminal Miscellaneous Case Nos. 6948 of 1998 & 4042......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492...

Category: Criminal Law | Date: | Hits: 126

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

....f the Sonali Bank, KC Dey Road, Chittagong stated in their 161 statement that opposite parties Nos.1-3, namely, Zahirul Huq, Awal and Abdur Rouf were present at the Bank on the date of occurrence for business transaction, that the opposite parties also filed counter case over the same incident which...... Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 63. Lawyers Involved: Abdul Malek with AHM Mushfiqur Rahman, Advocates — For the Petitioner. Serajul Huq with Anisul Huq, Advocates — For the Respondents. Criminal Re...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ..

Category: Criminal Law | Date: | Hits: 143

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

.... an industrial dispute to which the trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interfer­ence with the trade, business or employment of some other person or with the right of some other person to dispose of his...............Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Compa­ny Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 19......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......ack to the learned Subor­dinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ..

Category: Labour and Industrial Law | Date: | Hits: 179

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

.... is as follows: "Subject to any restrictions imposed by law every citizen possessing such qualifications, if any, as may be prescribed by law in relation to his profession, occupation, trade or business shall have the right to enter upon any lawful profession or occupation, and to conduct any ......ineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation & others, 40 DLR (AD) 6......d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ity." It is the second principle of natural justice which as a question predominates in this case. The principle of natural justice is binding upon the courts of justice and also administrative bodies or administrative authorities acting judicially but whether the principles of natural justice..

Category: Property Law | Date: | Hits: 133

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

....ch it demanded repayment through lawyer. If a bank realises its outstanding loan even by implied extension of time, where there is a time-limit, the loanee's original default is con­doned. Banks are business organisations. They are guided by their own commercial considerations which are not depende......ker and others.........................................Respondents Judgment June 13, 1989. Result: The Rule is discharged with costs. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Peti­tioner Rafiqur Rahman with Serajur Rahman, Advo­cates - For the Respondent No.1. ...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543...

Category: Election Law | Date: | Hits: 216

Sankar Gopal Chatterjee & others Vs. Additional Commi­ssioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....ian No.5136 of Mouza, P.S. and District Kishoregonj. The respondent No.3, Sub-Divisional Co-operative Multipurpose Society, Ltd., Kishoregonj look monthly lease of the said premises and started cloth business therein. The respondent No.3 is a private body engaged in profit earning businesses. It has......itional Commi­ssioner, Dhaka Division & others................Respondents Judgment March 7, 1989. Result: The Rule is made absolute. Lawyers Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ..

Category: Property Law | Date: | Hits: 116

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

.... the defendant and, as such, the suit was liable to be dismissed. Further case of the defendant-petitioner was that the defendant was not tenant under the plaintiff of the suit premises there being a business between the parties who happened to be close relations, the defendant made the construction...... The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. Lawyers Involved: BK Das, Advocate — For the Petitioner. Md. Emdadul Hoque Azad, Advocate — For the Opposite Parties. Civil......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..

Category: Property Law | Date: | Hits: 101

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ......J Pandurangarso Vs. The Andhra Pradesh Public Service Commission, Hyderabad and another; AIR 1974 (SC) 1300, The State of Gujarat and another Vs. Shri Ambica Mills Ltd., Ahmedabad; 1989 BLD (AD) 25, corresponding to 41DLR (AD) 30, Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ...... 4. Mr. Mainul Hosein, the learned Counsel ap­pearing for the petitioner, submits that the Chairman and Members of the Union Parishads belong to a well-defined class, namely, members of the local bodies, created by the Statute, on the basis of same qualification and disqualification and they are..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

....a decree may, on the application of the decree-holder, send it for execution to another Court,— (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, with­in the local limits of the jurisdiction of such other ......erred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed, Advo­cates—For the Petitioner. Khandaker Mahbubuddin Ahmed with Zahirul Hoque, Advocates—For the Opposite P....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311........ The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...

Category: Procedural Law | Date: | Hits: 168

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....n was subsequently enhanced by the Bank from time to time. The petitioners repaid some amount of loan on several dates but from the first part of 2006, the petitioners started facing huge loss in the business due to political unrest and others environmental unavoidable circumstances and therefore, t......ther.....................Petitioners Vs. Artha Rin Adalat and another………………………….Respondents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin A...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...

Category: Civil Law | Date: | Hits: 157

Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)

....as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..

Category: Civil Law | Date: | Hits: 269

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....her deposition that while the accused called for Akal and Akal came; out instantaneously along with them she asked them where they were taking him to. They told her that they were taking him for some business. She further stated in her deposition that she did not suspect the accused appellants that ...... The State PLD 1968 Dae.158; Allah Rakha Vs. The Slate AIR. 1927 Lah. 658; Shamsuddin Sarkar Vs. The State 11 DLR (SC), page 365. Lawyers Involved: A.K.M. Faiz with Nazrul Haque, Advocates—­For the Appellants. Fazlul Haque, Assistant Attorney General—For the State. Criminal Appeal N......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..

Category: Criminal Law | Date: | Hits: 141

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secre­tary, Min......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......t­ed in 32 DLR page 109. 20. The principle of natural justice arises in a variety of situations and covers a wide range of fields. Consensus of judicial decisions are that even the administrative bodies are under legal obligation to deal with all matters fairly, justly and equitably. The dictate..

Category: Others | Date: | Hits: 175

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......ed summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another, AIR 1954 (Madras) 360; Hind Vs. The Queen 1976 1 All England Reports (PC) page 253. Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......While it is true that secrecy of the ballot provides a safeguard to the purity of election there have been varying opinions as regards the desirability of secret voting. Even today in the legislative bodies, the vote is taken openly. In ancient Greece and Rome, elections to the Assemblies were condu..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ad Salim Vs. Mohammad Siddick Jamal & ors. reported in 22 DLR 841, it has been held that: "Ordinarily in deciding a case for evicting the tenant of a suit premises, the SCC judge has got no business to go into the question of title, but in case of absolute necessity for the purpose of deci...... J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any order as to costs. Cases Referred to- Mohammad Salim Vs. Mohammad Siddiq Jamal & oth......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

....of delinquencies of employees initiated proceedings for dismissal and at times if services of some employees are not required their services are terminated with no stigma. In the normal course of the business and as a measure to re-organise and increase the efficiency of the working of We Bank, the ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badiuzzaman J SM Shafiul Azam and others………………………Petitioners Vs. The Director of Labour and others…………………………Respondents Judgment June 11, 1991.......he case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of Directors of United Commercial Bank Ltd., a banking company, incorporated as a public limited company under the Companies Act, 1913 and the petitioner No.2 is the ...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...

Category: Labour and Industrial Law | Date: | Hits: 176

Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)

.... Korea for smooth transactions between Head Office and the importers in Bangladesh and to enable it to participate in the international tenders and to keep nexus between the two countries so that the business activities of the petitioner be quick and speedy. The work permit was renewed from time to ......his Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333...

Category: Fiscal/Taxation Law | Date: | Hits: 254