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Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....damage is a legal exercise based on evidence on record and not an exercise in compassion and sympathy." 46. This decision was arrived on a fact that the plaintiffs and defendant have ship breaking business. Defendant setting up ship breaking yard, near the yard of the plaintiff with a view to cau......……Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for livi......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... Office, Khulna, Mr. Akbar, ManÂager, Agrani Bank, Bagerhat and others became enviÂous. They in league hatched up a conspiracy to vicÂtimize the petitioner by retarding the progress of the banking business made by the plaintiff and accordÂingly, on 2nd April 1974, defendant No.1 General Manager,......s not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ......ed, the question of amendment of the plaint does not arise. Hence the connected rule is also disÂcharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... conÂcerned against the delinquent officer or employee is not contemplated in law or by the rules of natural justice. It is really very difficult to understand as to how the authorities or statutory bodies may be obliged to follow a law or rule which was not in exÂistence at the relevant time and ..Category: Employment/Service Law | Date: | Hits: 175
Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)
..... recorded on 16.9.88 disclosed that the Mohammadpur house (in which deceased Nuru Chowdhury was murdered) belonged to him and that petitioner Shah Alam Chowdhury had taken this house on rent for his business organisation "M/s. Navila Enterprise", that after the occurrence petitionÂer Shah Alam Cho...... 27 DLR (AD) 29; Joygun Bibi Vs. State, 12 DLR (SC) 156); Abdur Rahman Vs. State, 29 DLR (SC) 256; Abdur Rahman, 29 DLR (SC) 256; Abul Vs. Haji Abdul Gani, 14 DLR (Dhaka) 51; Atta Mohammad Vs. Inspector General Police, West Pakistan, PLD 1965 (WP) Lahore 734; Abdur Rahman Vs. The State, 29 DLR (SC) ......e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......e Suo Motu Rule No. 47/89 is also disÂcharged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..Category: Criminal Law | Date: | Hits: 127
....ancelled/ rescinded and/or withdrawn as these are made without lawful authority. It is also stated that the order of the Respondent No.1 is contrary to fundamental rights which guarantee fair play in business and other trade.
3. An affidavit-in-opposition has been filed by the Respondent No.1 whe......o Reported in: 42 DLR (HCD) (1993) 33.
......he petitioner in respect of Customer No. 3380004/5124 has been affected as per its order dated 8.11.88.
2. It is stated in the petition that the petitioner is a private Limited liability Company incorporated on 9th August, 1963 for the purpose of, inter alia, manufacture of ceramic bricks, clinke.......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
..
Category: Others | Date: | Hits: 227
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....knowledge of the said judgment and order of conviction and sentence. It is his further case that the case was started before the Upazila Magistrate, Purbadhala by the complainant out of enmity over a business of the petitioner at Zinzira bazar. The whole criminal case was processed against him behin......ment February 6, 1989. Result: This Rule is made absolute. Case Referred to- Hakim Rai Vs. The State, AIR 1957 (Punjab) 134. Lawyers Involved: Khademul Islam Chowdhury, Advocate-For the Petitioner. Matiur Rahman Khan, Advocate-For the State. Criminal Revision No.425 of 198......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..Category: Procedural Law | Date: | Hits: 122
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....ch there was ill feeling between him and his parents and elder brother, P.W.1 Md. Shishu Mia. On 18‑1‑91 P.W.1 Md. Shishu Mia and his parents were at local Aurail Bazar where the family has got a business establishment and a residence behind it. At 4‑30 PM on 18‑1‑91 P.W.7 Kala Mia, domest......¦â€¦â€¦â€¦..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....fully set into motion by individuals of whom the Condemned Prisoners Moksed and Tutul are most prominent. Seeking to hire a "Tempo" to journey from Nabinagar to Aricha ostensibly to attend to certain business, these two scouting to undertake the trip at the best possible fare chanced upon a "Tempo"-......te, 46 DLR 212; Lutfun Nahar Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193; State Vs. Lalu Miah, 39 DLR (AD) 117. Lawyers Involved: Salahuddin Talukder, Advocate - For the Condemned Prisoner. Dil Afroza Begum, Advocate - For he Condemned Prisoner/State Defence L......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....e late sixth century the womenfolk of the said city used to participate in various intellectual exercises such as writing of poems, etc. Some of them also used to run their own independent trades and businesses. Khadija (RA) was one of the aristocratic lady who used to run her own international trad......c Vs. Union of India etc., AIR 1993 SC 477; Fullilove (1980) (65) Law Ed 2d 902) Metro Broadcasting (1990)(111) Law Ed 2d 445); Vishaka Vs. State of Rajasthan, (1997) 6 SCC, 241 at para 3; Apparel Export Promotion Council Vs. AK Chopra, AIR 1999 SC 625, at para 27; Dr. Preeti Srivastava etc. Vs. Sta...... country. 15. Ms. Tania Amir, Advocate, appearing for the BMP, took us through the various Provisions of Khulna City Corporation Ordinance, 1984 and submitted that the Khulna City Corporation is a corporate body to be run by its elected Mayor and its Commissioners in accordance with the provision......ch idea of equality and violated the spirit of Articles 10, 11, 28(4) and also Article 59Â. He further submitted that effective and meaningful participation of the women must be ensured in all local bodies including in the City Corporation which are independent in running its own affairs. In suppor..Category: Constitutional Law | Date: | Hits: 443
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... "court language". State language means the language to be used in all state activities‑executive, legislative, judicial, etc. Official language means the language to be used for the purpose of the business of the Government. Court language means the language to be used only for the purpose of the......ent November 28, 1991. Result: All the Rules except the Rule in Civil Revision No. 678 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui and Saleemullah, Advocates‑ For the Petitioner (In Civil Revision No. 678 of 1987). Sayed JR Mudassir Hossain, Deputy Attorney...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....onal property of the plaintiff having no connection whatsoever with the plaintiff's industrial concern and that the suit land in Title Suit No.139 of 1982, which the plaintiff’s son was running the business as the Managing Director as from intend and purport of Acting President’s Order dated 26t......din and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others Vs. A.T.J. Industries, 28 D......r the normal circumstances? The answer comes after the brief review of the labour laws. The word 'employer' has been given wider connotation in labour laws to mean "a person, a body of person or body corporate, company or institutions owning or managing a shop, commercial establishment or industrial......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....arty Nos.1 and 2 acted on the advice of their legal adviser and relying on the opinion the machineries were handed over to the highest bidder as a result of which the petitioner had to close down his business and therefore the legal opinion of the respondent No.3 is responsible for prompting the oth...... Rooks Vs. Barnard (1964) AC 1129; Saif Ali Vs. Mitchell and Co. (1980) AC 198; See (1939) IKB 194, (1953 CH 280 and (1958) 1 WLR 563. Lawyers Involved: Ozair Farooque, Advocate—For the Petitioner. AKM Nazrul Islam with Abdullah-Al-Mamun, Advocates—For the Respondents...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......954 SCC 660; AIR 1960 SCC 29; (1980) 1 SCC 530; (1969) 3; SCC 198 (202). Lawyers Involved: Serajul Haque with Mansurul Hoque Chowdhury, Salahuddin Yusuf and ABM Golam Majid, Advocates ‑For the Appellants (Condemned Prisoners). Shamsul Alam, Deputy Attorney‑General with Hefzul B......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......It is admitted by him that on 25.10.84 in the morning P.W.3 Idris Shaikh told them about the killing of the deceased by the accused‑appellants which P.W.3 witnessed. Thereafter on 26.10.84 the dead bodies of Belayet Khan and Golarn Hossain were recovered from Baronial Beel. 13. In his crossâ..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....d his past record will be valuable and often the only record on which it could be made. The charge in this cases was that the petitioners instigated hartal bringing about a complete stoppage of work, business and transport with a view to promote lawlessness and disorder and that is a ground on which......211); Jon Martin Vs. State, AIR 1975 (SC) 775KN. Joglekan Vs. Commissioner of Police, 1957 AIR (SC) 28. Lawyers Involved: Kazi Shahadat Hossain with Mofizur Rahman Mazumder, Advocates ‑For the Petitioner. Moudud Ahmed with Kazi Shahadat Hossain, Monsur Ali and the Petitioner. ......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......and the affidavitÂ-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
....on 18(3) (b) of the Act shows that the circumstance as argued by the learned Advocate for the appellant need not be disclosed as this circumstance was known to the inÂsurer in his ordinary course of business as this was a matter of common knowledge to the insurer. FurÂther, in view of the express ......r ProÂcess Vs. Hudson (1939) 3 All ER 857; Dodwell and Comp. Ltd. Vs. British Dominion General InÂsurance Co. Ltd. Lloyds List and Shipping Gazette of April 9, 1918; E.D. Sesson & Co. Ltd. Vs. Yorkshire Insurance Co., 16 Lloyd's , 133.
Lawyers Involved:
A.R. Yusuf, Advocate-For the Appe......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
..
Category: Business or Commercial Law | Date: | Hits: 325
Syed Alim Mansur Vs. Registrar, Joint Stock CompaÂnies, 1989, 18 CLC (HCD)
....hin the ecoÂnomic zone of Bangladesh and within such permissible limits as may be allowed under the laws of Bangladesh and other applicable International TreatÂies and practices and to carry on the business of pisÂciculture, mariculture, frog farming and cultivation and processing of all kinds an......also Reported in: 42 DLR (HCD) (1993) 43. ......dmission of the application and the date of hearÂing of the application was duly published in the BanÂgladesh Gazette and the daily newspaper. 3. The petitioner, Aqua Culture Farms Limited was incorporated as a Private Limited Company unÂder Companies Act, 1913 with its registration Office at ......y is to file the receipt of payment one week before drawing up of the order. The Company shall bear the cost of this appliÂcation. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 43. ..Category: Company Law | Date: | Hits: 191
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....d are disposed of by this judgment. 3. The prosecution case, in brief, is as follows:– One Aktar Hossain son of late Sabje Ali Mia of Brahmonbaria passed the B.A. Examination and started his business as contractor since 1990 A.D. He married Subrina Afroj Julie, daughter of Abdur Rashid of W......nt April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with Md. Ensanuddin Sheikh, Md. Nurul Islam Matubber and Mahabub-ul-Alam, Assistant At......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......e Station Case No. 62 dated 20.10.2005 A.D. has been investigated by Sub-Inspector Mr. Abdus Samad of Brahmonbaria Police Station. During his investigation he has prepared inquest reports of the dead bodies of Aktar Hossain, Sabrina Afroza Julie and Arna Aktar and sent the dead bodies to morgue for ..Category: Criminal Law | Date: | Hits: 105
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are busiÂnessmen by profession and due to business purpose, there has been a good relation between them, in course of time the accused Ka Bi M......m Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. State, 55 DLR (AD) 62; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: No one - For the Petitioner. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Miscella...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......(Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......orm which is the sun. A clod of mud falls down. Why? To join its greater form, the Earth. The air in a balloon escapes if it can. Why? To join its greater form, the outer air. So also the soul in our bodies longs to join the greater world soul." And the soul of Hason Raja had a fierce longing and ye..Category: Civil Law | Date: | Hits: 210
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
.... some occasion when court below cancelled the appointment of said Mr. Tousur Rahman Advocate as State defence lawyer and appointed Mr. MA Bari APP as State defence lawyer who participate in the court business as State defence lawyer and cross-examined P.Ws. on behalf of all absconding accused. After....... State………………………………………………………..Respondent Judgment December 10, 2002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DL......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176............................Respondents Judgment July 27, 1995 Result: The Rule is discharged. Cases Referred to- AIR 1967 (Kerala) 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bang......nd regulating the conditions of service of the persons in‑the service of the Republic whereas in Part V1 Chapter 1 the Supreme Court and in Chapter II of the said part Subordinate Court have been incorporated. In Article 94 establishment of Supreme Court of Bangladesh with two Divisions, viz Appel......aragraph 408 runs as follow: "It is clear therefore that the powers of the Government are divided. The executive, legislature and judicial powers in the main are entrusted to different persons and bodies, and the local Government is entrusted with another set of persons or bodies." 28. From th..Category: Constitutional Law | Date: | Hits: 353
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