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Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....i, P.W.12, wife of P.W.3 and member Nawsher Ali and others who were present at the place of occurrence. It has been further alleged in the first information report that deceased Yunus Ali had a joint business of cotton yarn with the accused persons and out of the said business enmity developed betwe......ellants Vs. The State…………………………….Respondents Judgment February 3, 1991. Result: The appeal is allowed in part. Cases Referred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....om an empty house of water of that Farm and took him to the Mitford Hospital, Dhaka where the Doctor declared him dead. On 24.1.1995 at about 9 P.M. when the informant was returning from his place of business at Patuatoli and reached near Mitford Hospital came to know about the said fact. He went to...... 2005, 4103 of 2005, 4497 of 2005, 4321 of 2005, 1139 of 2008 and 4490 of 2011 are allowed. The Criminal Appeal no. 4093 of 2005 was dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - For......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
.... that would be doing injustice to the bulk of the litigants whose cases are pending before this Court for years together and could not be heard due to the overburdening of this Court with unnecessary business which is within the domain of the Courts below." For the reasons stated above we find no...... Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
Abdul Momen and others Vs. Dhaka City Corporation & others, 1997, 26 CLC (HCD)
....For the Petitioner. Writ petition No.7658 of 1997. Judgment AM Mahmudur Rahman J.- This petition under Article 102 of the Constitution at the instance of the petitioners. The petitioners are businessmen. They have shops at Aziza Bhaban Market, which is facing the footpath of Hatkhola road a......igh Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Abdul Momen and others………………………Petitioners Vs. Dhaka City Corporation & others………………………Respondents Judgment December 3, 1997. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ......For the aforesaid reasons, we find no substance in this petition. In the result, this petition is rejected summarily. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 300. ..Category: Civil Law | Date: | Hits: 117
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....nce. Section 21 of the said Ordinance empowered the said Commission to cause an enquiry by any person appointed by it into the affairs of any Stock Exchange or any issuer of a listed security, or the business or any transaction in securities by the persons mentioned therein. 12. Within a very sh......……Accused Vs. Security Exchange Commission……………………………Complainant Judgment December 9, 1997. Result: The References are rejected. Cases Referred to- Khoreshed Alam Vs. State, 27 DLR 111; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29......at the learned Sessions Judge was not justified in holding that CMM took cognizance without application of his mind. 20. Under the provisions of sub-section section 3 of Act No.15 of 1993 SEC is a corporate and shall sue and be sued in its name under the provisions of sub-section (5) of Section 5......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
.... joint tenancy effected behind the back of a co-sharer was void. Mr. Hamidul Huq Chowdhury, however, contends that the entry in the order-sheet of the Mutation Case made in usual course of official business is sufficient proof of prima facie service of notice and that in the proceeding for pre-emp......ddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD) 323; Balai Chandra Mondal Vs. Nibaran Chandra Das, 51 CWN 644.
Lawyers Involved:
Hamidul Huq Chowdhury, Mozammel Huq, Senior Advocates, A Y Masihuzzaman, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Reco......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
..
Category: Property Law | Date: | Hits: 128
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as manufacturer of Super Enamelled Copper Wire and Hard Drawn Bare Copper Wire and selling ......al Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein and Manzur Kader, Advocates - For the Petitioner. Not Represented - the Respondents. Writ petition No.2228 of 1993. Judgme......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....ffect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course of banking business the petitioner sanctioned and disbursed loan to the respondent No. 1 a Company incorporated...... Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioner. Rokanuddin Mahmud with Murad‑e‑Reza, Advocates ‑ For the Respondent Nos.......oper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course of banking business the petitioner sanctioned and disbursed loan to the respondent No. 1 a Company incorporated under the Company Act, 1913 and has been carrying on business dealing in jute in the coun......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..Category: Civil Law | Date: | Hits: 116
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....emises and another Nagendra Nath took over possession of the remaining part of the suit premises. Nagendra left for Kushtia in 1956 in the said year and since then he has been carrying on Homeopathic business thereon. The suit property was declared as Enemy Property and the defendant No.1 and late S......others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
.... obstruction to the administration of justice. 14. Lastly, the jurisdiction of the Judges had been questioned. It is the constitutional power of the Chief Justice of Bangladesh to distribute the business and function amongst the Judges. He alone has the mandate by the Constitution and law. It a...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Moazzem Hossain, Deputy Attorney-General………………………Appellant Vs. State…………………….Responden......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ict Barisal. 3. In view of our proposed order it will not be adviseable to comment on the factual aspects of the case. It would be sufficient to note the broad facts which are: The petitioner is a businessman and Proprietor of Sandha Bani Cinema Hall at Inderhat, P.S. Sharupkati, District Baris....... Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md. Aftab Hossain, Advocate on Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advoc......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....nd shall not use the said property for any purpose under any circumstances whatsoever”. 5. The “LESSE shall not carry on or permit to be carried on in or upon the demised property any trade or business whatsoever or use or permit the same to be used for any purpose other than that of Shooting......al Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment De...... National Sports Council Act, 1974, which is the controlling authority of the respondent No.1. The respondent no. 6 is the Nandan Food and Beverage Industries Limited, a private limited company and incorporated in Bangladesh. 4. Respondent No.4, the Rajdhani Unnayon Kartipakhya (RAJUK), leased th......es as the Common Law itself, more precisely, during the reign of Henry II, in the 12th century. By these Writs the Monarch, through the Star Chamber and the Court of King’s Bench, kept the inferior bodies within their power. 37. In the earliest times, the Royal Writs were sealed governmental do..Category: Property Law | Date: | Hits: 159
....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......ra Tagore J. - I agree.
Ed.
This case is also Reported in:
......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered.
Gobinda Chandra Tagore J. - I agree.
Ed.
This case is also Reported in:
......9). Threefold justification have been propounded in favour of the negativity. Firstly, holding a public body to an unlawful representation would destroy the ultra vires principle by permitting public bodies to extend their own power at will (R Vs. Ministry of Agriculture Fisheries and Food, ex-parte..
Category: Civil Law | Date: | Hits: 218
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....egime of passed so-called Care Taker Government and the Anti Corruption Commission had been used by the then Army backed Care Taker Government as an weapon for causing oppression upon the politician, businessmen and intellectuals including the present petitioner, the most popular and renowned leader...... 53 DLR 125; Kazi Obaidul Haque Vs. State, 51 DLR 25; Muqbul Ahmed Vs. Hamidul Bari, 5 BCR (1985) 184; Barrister Md. Rafiqul Islam Miah Vs. Government of Bangladesh, 59 DLR 407; Gokulchand Dwarkadas Morarka Vs. King, AIR 1948 Privy Council 82; Syed Mustafizur Rahman Vs. State, 53 DLR 125; Abdul Haki......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....rcotics. He thereafter instructed the Assistant Director Mr. Khabir Uddin to inform the news to the Director Operation Mr. Shahidulla. On that day the said Director was away in Chittagong on official business and Mr. Khabir Uddin informed him the news on emergency basis over telephone. Assistant Dir...... June 22, 1994. Result: The Reference is rejected and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Ref...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......n cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... to write; ‘ The Court of King’s Bench, which had always been associated with the work of government and had retained jurisdiction over the work of the justices in the sessions and of other local bodies during the hay day of the Council and the Star Chamber, was manifestly the proper superintend..Category: Criminal Law | Date: | Hits: 133
....dustries/13-3M/104/75/11 dated 17-1-76 together with all papers, documents and properties both moveable and immovable. The said firm used to carry on export, import, indenting and commission agency business.
2. By notification dated 7-3-72 which was published in the Bangladesh Gazette Extra-ord......
Appellate Division
(Civil)
Present:
SAB Mahmud Husain CJ
Ahsanuddin Choudhury J
Debesh Chandra Bhattacharya J
Fazle Munim J
Chairman, Bangladesh Ahsanupdin Steel Mills Corporation, now Bangladesh Steel and Engineering Corporation.......................Appellant (In Civ......ession or under the control of the Government under any law for the time being in force. Explanation: "Person who is not present in Bangladesh" includes anybody of persons or Company constituted or incorporated in the territory or under the laws of a State which at any time after the 25th day of Mar......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....ng the pendency of the appeal, appeal abated. The writ petitioner was nominated by the heirs including Serajudin Shah as Mutwalli of the Waqf to succeed him and he had been carrying on the day to day business during ailment of his father and also filed an application for his appointed as Mutwalli to......……………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record- For t...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......…….Respondents Judgment November 2, 2003. Result: The petition is dismissed. Cases Referred to- 33 DLR (AD) 298; 54 DLR (AD) 70. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Abdur Raz......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....thout show cause notices being served under section 55 of the VAT Act. The demands were rejected by Nuvista for each year. 4. Nuvista required the new VAT registration certificate to carry on its business and more importantly, as it had imported raw materials for manufacturing which has alread...... Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
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