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Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......rejudice to the accused, rather stifling further investigation in such case alleging fraud and forgery would discourage foreign investment in the country and that ultimately would go against economic interest of the country. 13. Points for determination in this case is whether, in the back ground..

Category: Criminal Law | Date: | Hits: 124

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......, (briefly as Adalat) impleading Md. Oliullah, 2. Taslima Begum, proprietor Sahidullah and Brothers, 3. Bashirullah Master, (herein petitioner) as defendants for realization of Taka 31,06,021.20 with interest. After the death of Md. Oliullah, his heirs were substituted. 3. Eventually, the learned..

Category: Civil Law | Date: | Hits: 93

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ......cree dated 06.04.2005 passed by the learned Assistant Judge, Kulaura in Title SuiiftNb;vl23 of 2004 rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure. 2. The predecessor-in-interest of the present petitioners as plaintiffs filed Title Suit No.151 of 1986 in the court of th..

Category: Procedural Law | Date: | Hits: 165

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......on registered under the Societies Registration Act, 1860. It is recognised as one of the lead­ing organisations with expertise in the field of environment and ecology and its work done in the public interest. Its reputation and achieve­ments are well documented and need not be recounted here. BELA..

Category: Environmental Law | Date: | Hits: 688

Faroque Reza Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....an No.3841, Mouza Sutrapur, under Dhaka Collectorate is declared to have been passed without lawful authority and is no legal effect. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 256. ......ssioner, respondent No.5. On the date of salish the petitioner and respondent no.8 were present along with other local people and a unanimous decision was taken. Although the decision was against the interest of respondent no.8, he accepted it and signed the salish nama. But the petitioner did not d..

Category: Civil Law | Date: | Hits: 74

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

..... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ...... The purpose, as it appears, is clear, to push ahead arbitral pro­ceeding without any hindrance. 13. However, provisions for interim relief can always be enacted if it is felt so necessary in the interest of the people at large, but fill such provisions are enacted, the High Court Division would..

Category: Alternative Dispute Resolution | Date: | Hits: 506

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... Companies Act, 1994 (Act No. XVIII of 1994); section 233 The jurisdiction under section 233 of the Act is regulatory and preventive in nature and this jurisdiction is to be exer­cised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as ..

Category: Company Law | Date: | Hits: 129

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......ade earlier dated 5-10-1987. Plaintiff served a legal notice upon the defendant but the defendant did not take any step and thereafter plaintiff filed the suit for recovery of Taka 15, 06,250.95 with interest at the rate of 20% till realization of the decreetal amount. 5. Defendant No.2 appeared ..

Category: Civil Law | Date: | Hits: 106

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......he learned Advocate appearing with Mr. Md. Ali Reza, Advocate for the opposite party Nos. 1(a)-(k) opposes the Rule and submits that the auc­tion was held on 01.08.1962 but the plaintiff accrued the interest in the suit property on 17.06.1982. He adds that the plaintiff had a remedy to set aside th..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......he learned Advocate also submits that the confessional statement made by the condemned prisoner Mobarak being totally exculpatory having been made as it appears from the confessional statement at the interest of the informant and may be said to the interest of Ismail Chairman as such it cannot be sa..

Category: Criminal Law | Date: | Hits: 89

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......s of both the sides, perused the Writ petition and other materials on record. 6. It appears that the decree-holder bank instituted Mortgage Suit No.9 of 2002 for realization of defaulted loan with interest to the tune of Tk. 10,53,701/- the said suit was decreed on contest on 17.4.2003. The said ..

Category: Civil Law | Date: | Hits: 174

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......o witnesses. 5. The trial Court after considering the issues, deposition and other materials on record concluded the trial and decreed the suit for realization of an amount of Tk. 1,01,063,52 with interest. 6. Being aggrieved by and dissatisfied with the impugned decree of the trial Court the ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......, 2002. Result: The Rule is made absolute without any order as to costs. It is to be presumed that all actions taken by the government officials are in accordance with law and in the public interest and if any action of the government official is challenged, the challenger is required to p..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......h, welfare etc, primarily for the poorest segment of rural people. Its funds constitute mainly of donations from benevolent foreign donors. In addition, it earns income from commercial projects, bank interest, dividend etc. The petitioner is an assessee of Companies Circle-15, Taxes Zone-5, Dhaka ha..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ...... of 1987 in the Court of Subordinate Judge, 2nd Commercial Court and Artha Rin Adalat, Chittagong impleading the petitioner as defendant No.1 and another claiming an amount of Tk. 2,14,179/- with 18% interest till the date of realization. Ultimately, the said Mortgage Suit No.4 of 1987 was decreed o..

Category: Civil Law | Date: | Hits: 136

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......ade and since then plaintiff appellant petitioner has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plainti..

Category: Civil Law | Date: | Hits: 94

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... to the application, is defective. He then submits that the applicant being a licencee under the BIWTA, its authorized constructions cannot be demolished. He lastly submits that BIWTA stated that the interest of its lessees should be protected. We shall address the submissions of the learned Advocat..

Category: Environmental Law | Date: | Hits: 731

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... relatives and cultivators of the plaintiff and defendant No.4 tried to grab the suit land mentioned in ‘ga’ schedule. In ‘ga’ schedule land defendant Nos.5 to 22 have no title, possession or interest and before promulgation of Defense of Pakistan Rules, 1965, this lands had been in possessi..

Category: Property Law | Date: | Hits: 83

Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)

....ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......onditions as obta­ining in the field of administration of justice is bound to defeat the purpose of section 339C Cr.P.C. and if anything thrives, it must be the injustice and tyranny at the hands of interested and designing persons. The High Court Division can really help very little because no pro..

Category: Procedural Law | Date: | Hits: 102

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......the legislative device and policy as adopted, and that has been indicated in sub‑section 5 of section 3 of the VAT Act, is that the Board in order to fulfil the objects of the section in the public interest by notification in the official Gazette shall declare the vatable goods or class of goods a..

Category: Fiscal/Taxation Law | Date: | Hits: 119