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Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....ax Authority, etc. The accused Nos. 1 and 2 of the company in collusion with accused No.3 the partner of M/s. Ahsan Mustafa Kamal & Co. with ulterior motive to have illegal gain and to injure the business reputation and defame the complainant firm in their professional field got the audit accoun......ferred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DLR page 295. Lawyers Involved: ABM Khairul Huq, Advocate ‑ For the Petitioner. No one ‑ For Opposite Party. Criminal Revision No.229 of 1985. Judgmen......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....ould be discharged. He further submits that the plaintiffs had sufficient cause of action for bringing the suit. 7. Mr. Hafizullah contended that the vessel foreign vessel, in her normal course of business moves from port to port in her international routes and it cannot be treated as a moveable ......is also Reported in: 45 DLR (HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....ch I have discussed above. The sources of presumptions of fact are, (i) the common course of natural events, (ii) the common course of human conduct, and (iii) the common course of public and private business. When a presumption operates in favour of a party, the burden of proof is on the opponent a......V. Salina, (1886) 8 All. 149(155), Moung Kyi V. Ma Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V....... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..Category: Family Law | Date: | Hits: 318
....s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
......thers..................Respondents
Judgment
December 19, 1991.
Result
The application is summarily rejected.
Lawyers Involved:
Habibul Islam Bhuiyan with Asaduzzaman, Advocates ‑ For the Petitioner.
AY Salehuzzaman, Deputy Attorney General ‑ For the Respondent No.1.
Writ .......91 (Annexure E) rejected the application of the petitioner.
6. Section 4(3) of the Local Government (Union Parishads) Ordinance, 1983 provides as follows:
"Every Union Parishad shall be a body corporate, having perpetual succession and a common seal. With power, subject to the provisions of t......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....earn on 12.8.85 that the accused had been staying in a hotel at Chittagong and he sent his son P.W.3 Mizanur Rahman to Chittagong. P.W.3 and complainant's brother‑in‑law P.W.2 Sakhawat Hossain, a businessman of Chittagong traced out the accused on 13.8.85 in a hotel at Chittagong and the accused......tate, 42 DLR (AD) 31; Akamuddin Ahmed Vs. State, 27 DLR(AD) 175; Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed & another, 36 DLR (AD) 14. Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Appellant. Syed Amirul Islam, Advocate ‑ For the Respondent. Criminal Appeal No.169 o......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ......sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ..Category: Criminal Law | Date: | Hits: 69
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....tered in the UK. It has its Head Office at West Niles, Glasgow. It has branches in various parts of the world, including Bangladesh. In Bangladesh it has branches in Chittagong, Khulna and Dhaka. Its business is carried out through a General Manager and other subordinate staff. In this country it ha......the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ......ween the provisions of Article 7(3) of the Convention and section 10(vi) of the Act and also section 29(i)(xxvii) of the Ordinance regarding deductibility of any expenses. James Finlay PLC has been incorporated in the UK. Its head office is in West Niles, Glasgow. The seat of its Board of Directors ......993, namely, the question Nos. 2, 3, 4 and 5, in the negative and in favour of the assessee applicant. There will be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 315. ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Azizul Haque Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....diate and Secondary Education, Dhaka, however, may constitute an ad‑hoc committee in terms of Regulation 8 of the said Regulations. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 566. ......ner Vs. Bangladesh and others………………………Respondents Judgment August 28, 1991. Lawyers Involved: Khondker Mahbub Hossain with Khondker Gulzar Hossain, Advocates ‑ For the Petitioner. Abu Taher Chowdhury with Shah Md. Habibur Ral‑unan, Advocates ‑ For Respon......) meant for schools run in accordance with the terms of any endowment or trust or any other bodies, such as, missionary or educational societies, cantonments, railway, municipalities and other bodies corporate, etc. Under Regulation 10 an executive committee may be constituted for a period not excee......cial type of Managing Committee may be constituted otherwise than in the manner specified in Regulation 20(1) meant for schools run in accordance with the terms of any endowment or trust or any other bodies, such as, missionary or educational societies, cantonments, railway, municipalities and other..Category: Civil Law | Date: | Hits: 89
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....pensation or that this compensation money was not deposited within one year from the date of decision to acquire under section 5 or the proviso to section 4(3) (b) of the Ordinance. As such he has no business to enquire when the requiring body paid the amount of compensation to the government". Ther......ami and others…………….Respondents (In both the appeals) Judgment July 14, 2010. Cases Referred to- Chandavarkar Sita Ratna Rao Vs. Ashalata S. Guram, AIR 1987 SC 117; South India Corpn. (P) Ltd. Vs. Secretary, Board of Revenue, Trivandrum, AIR 1964 SC 207 at p.215; (1964) 4 SCR 2...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..Category: Property Law | Date: | Hits: 93
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ...... Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ............................. averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of M/S. Eastern Tubes Ltd. a limited company incorporated at Dhaka on 26.06.1964 holding 1,04,265 shares out of a total of 1,70,000 shares in the s......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......azzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Sonali Bank Ltd. represented by the Assistant General Manager, Bogra Corporate Branch...................................Petitioner Vs. Md. Nur Habib Bappi and other......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
....ha Rin Adalat, Jessore against the petitioner and others for realization of outstanding dues amount of Tk. 10,35,55,939/- on the averments the he, as the proprietor of M/S. Chisty Traders, carries on business of import and wholesale of fertilizers and he through the took defendant loans from Agrani ......………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the ...... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163....... decision and there is no illegality or infirmity in the above decision so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e at Hari Mohan's residence who was an expert photographer and established "Jha1 schedule Mayapuri Studio in 1949 and purchased town property in schedule 'Ja' in 1958 and established "Jha-1' schedule business 'Babul Studio' renamed as Biswarupa photographers in the building of ‘Ja' schedule which ......Chowdhury and others…………………………...Respondents Judgment March 1, 2009. Lawyers Involved: Mihir Kanti Majumder, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Mahbubey Alam Senior Advocate, Chowdhury Md. Zahangir, Advocate-on-Recor......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....nt Exhibit-12 as such on seeing the word 'Prokoushali' plaintiff used Jonoika in his advertisement. 22. On the question why the occupation of the father of defendant No.1(a) to 1(e) mentioned as business, Mr. M Fida Kamal, learned Advocate, submits that, in the agreement for sale, Exhibit-6 the......MLR (AD) 105; 31 DLR (AD) 219; 38 DLR 39; 16 DLR 272; 46 DLR (AD) 148; 2 XP (AD) 194; AIR 1966 (SC) 1072, 14 MLR (AD) 52-55. Lawyers Involved: Fida M Kamal with Mohammad Ali Akand, Advocates—For the Appellant. (In First Appeal Nos. 357, 358 of 2009). Md. Khalilur Rahman, Advocate—For Re......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
.... suit by filing joint written statement denying the material allegations made in the plaint.
4. The case of the defendants, in short, is that Monsur Rahman had dealership license and he used to do business of rice, wheat, flour etc., he was also a contractor of Chalanbil. He had also a Jatradal n......g dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others……………………………….Respondent
Judgment
April 21, 2009.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not rep...... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176....... the High Court Division upon correct assessment of the materials on record arrived at a correct decision.
The petition is dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 176...
Category: Property Law | Date: | Hits: 70
....the total lands in occupation of M/s Drums Metal Ltd. 4.65 acres would be taken away and be given to the Bangladesh Air Force and the company would retain its possession of 3.28 acres for running its business. Thereafter, on June 7, 1977 respondent 3 issued a letter of intent indicating that instead......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 2......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
..
Category: Property Law | Date: | Hits: 92
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....his Court through the assertion made in the plaint further draws the attention of this Court to paragraph No.1 of the plaint and argues that except mentioning a sentence that the plaintiff carrier on business of shipping, nowhere in the four corners of the plaint the status of the plaintiff as car......int is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ......rjee Vs. State 56 DLR (HC), 285;State Vs. Moslem 55 DLR, 116; Salauddin Vs. the State 32 DLR, 227; State Vs. Md. Abdus Samad Azad alias Samad 9 BLC, 39; Lutfun Nahar Begum Vs. State 27 DLR (AD 53; Babor Ali Molla and others Vs. State, 44 DLR (AD), 10; Mofazzal Hossain Mollah and others Vs. State, 45...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)
....away Bangladeshi currency notes amounting to Tk. 17,95,924.00 from the possession of appellant No.1 Subodh and that appellant No.2 Ratan Ghosh is his employee and that at the instigation of the rival businessmen of accused appellant No.1 Subodh Biswas the informant party concocted the case and that ......ellants Vs. State .......................... Respondent Judgment June 24, 1993. Cases Referred to- Niamat (a) Chacha Katta Vs. Summary Military Court No.2 and another, 1979 PLD (Lahore) 279; Pachu Vs. State, 26 DLR 297; Daud All Vs. State, 27 DLR 155; Muhammad Khan Vs. Dost Muhamm......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......e along with the accused persons and the seized articles. 22. In cross‑examination he stated that before entering 'Lutfa House' none of the respectable persons were called and did not search the bodies of the search party. He also stated that the seizure list could not be prepared at the place ..Category: Criminal Law | Date: | Hits: 75
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....er VII of Civil Rules and Orders wherein it has been provided that: "Except where an adjournment is granted with the consent of all parties concerned or where an adjournment is necessitated by the business of the Court or due to the insufficiency of notice, the party desiring an adjournment shoul......rs……………..Opposite Parties Judgment July 27, 1993. Case Referred to- Md. Shamsul Huda Vs. Mozammel Hoque, 26 DLR 319. Lawyers Involved: Khondker Saiful Hoque, Advocate ‑ For the Petitioner. SK Sinha with AK Ahmadul Hasan, Advocates - For the Opposite Parties. Civil......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
.... persons as claimants also submitted application for return of the seized alamots. 3. After due investigation the police submitted final report as mistake of fact upon examination of the available business record, license and yearly accounts registers of the jewellery shop. There was a prayer for......espondents Judgment October 12, 2011. Case Referred to- Abdus Salam Master alias Salam and another Vs. The State, 36 DLR (AD) 58. Lawyers Involved: Khandaker Diliruzzaman, Deputy Attorney General, instructed by B. Hossain Advocate-on-Record - For the Appellant. Yousuf Hossain Hu......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
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