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.... noted above, the application is allowed.
8. The winding up proceeding in respect of Consumer Testing Laboratories Limited is hereby stayed altogether.
9. The Official Liquidator is directed to handover the assets and properties, both movable and immovable, of the company to the share-holders ......, Advocate of Supreme Court of Bangladesh was appointed as the Official Liquidator.
3. Subsequently, the Official Liquidator filed a Report before this Court on 9-11-2009 stating that he had taken over the control and management of the company together with all its assets, both movable and immova...... Court of Bangladesh was appointed as the Official Liquidator.
3. Subsequently, the Official Liquidator filed a Report before this Court on 9-11-2009 stating that he had taken over the control and management of the company together with all its assets, both movable and immovable pursuant to order..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....s abuse of the process and is liable to be quashed. 8. Mrs. Sakila Rowshan, learned Deputy Attorney General along with Mr. Abdur Rakib learned Assistant Attorney General for the state on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant cat......for demand of money were issued on 14-12-2006. It is not alleged by the accused petitioner that he did not receive notice in due time rather the accused petitioner admits such receipt of notices. Moreover the case of the complainant is that the legal notice under section 138(1)(b) of the Negotiable ...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ..Category: Criminal Law | Date: | Hits: 134
....eure situations cease to exist. In that regard, it is further stated that if Reliant is not allowed to so resume performing under the Contracts its reputation shall suffer irreparably. On the other hand, and as submitted by Mr. Mahmood, keeping the Contracts alive pending final decision(s) and awa......by Reliants letters, all dated 15-01-2007, notifying BCIC of the further complexity in the form of 'a coinciding force majeure situation' having arisen in the meantime due to the imposition by the Government of the People's Republic of China of a prohibition tax in the form of export duty at the...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
....mandatory provision of section 96 (2) of the said Act has deprived them of their right of preemption in the present case. 7. The learned Advocate for the preemptor opposite parties, on the other hand, vehemently contends that the pre‑emptee petitioners were required in law to raise specific o......on as they came to know about them during cross‑examination of P.W.1 vide order dated 21‑7‑85 of the trial Court. Since the rectification of this defect of parties was made before the trial was over their application for pre‑emption no longer suffered from any defect of parties. 8. It is ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..Category: Property Law | Date: | Hits: 155
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....riminal Procedure before this Court after completion of the examination of the witnesses and 18-4-2011 was fixed for argument. It shows that the petitioner has not come before this Court with clean hand. 8. In the application for restoration no explanation has been furnished by the petitioner...... of the Negotiable Instruments Act and thus, trial Court itself cannot be the appellate Court. 12. Section 9 of the Code of Criminal Procedure runs as follows: 9. Court of Sessions.— (1) The Government shall establish a Court of Sessions for every sessions division and appoint a Judge of suc......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ort on the corpse of the said unknown man, aged about 35 years and sent the dead body to the morgue for post-mortem examination. There were some marks of injuries and violence on the shoulders, right hand and penis of the deceased-Police Sub-Inspector Uzzal Kumar Dey being convinced that the said ......e accused guilty for committing murder of the deceased as the dead body was found on the following morning of the day. But between the last seen of the victim in the company of the accused and the recovery of the dead body on the following morning there appears no involvement of the accused with the......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....o caused service of summons having been dead service of summons upon Defendant nos. 18(ka)-18(gaha) had been proved by O.P.W.5 Md. Helaluddin Khan, a process server. He standing on witness box proved hand writing of Khabiruddin and recitals in service return. O.P.W.5 provided version that Abdul Bare...... riposting to questions posed, factual matrix, evidences adduced from both sides, materials on record and fact and circumstances may conveniently be taken into account. Legal aspect touching the controversy is, also, required to be ruminated. 3. A detailed recounting of factual scenario is not es......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... the Respondent No.5 raised a preliminary objection as to the maintainability challenging the locus standi of the petitioner submitting, amongst others, that the petitioner has not come up with clean hand and filed the writ petition for the benefit of others and the application is also mala fide in ......ision (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Shahidul Islam J Md. Aftab Uddin…………………Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary and Chairman ......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....f the respondent-workers is in reality victimization of the workers for their trade union activities. Therefore, the principle expressed in the case reported in 28 DLR (AD) 190 applies to the case in hand. In the case of Chairman, Bangladesh Machine Tools Factory Ltd. Vs. Chairman 2nd Labour Court a......he Rule Nisi, the operation of the impugned judgment was stayed in all the above Writ Petitions. 4. The facts leading to the issuance of the above Rules, in brief, are: The petitioner is a non-government, non-profiteering and voluntary organization, namely, BRAC, which has an office at Tongi, ......ndent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the management to achieve the demand of the workers at that time. In Writ Petition No.8121 of 2005, r..Category: Labour and Industrial Law | Date: | Hits: 138
....gh Court Division
(Civil Revisional Jurisdiction)
Present:
Khademul Islam Chowdhury J
District Accounts Officer, Narail and others……………………Petitioners
Vs.
Niranjan Chandra Biswas and others………………………Opposite parties
Judgment
March 24, 2004.
...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
...... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
..
Category: Limitation Law | Date: | Hits: 119
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
.... was deprived of his seniority and that his juniors were placed above him in the gradation list. 5. Mr. Md. Shamsur Rahman, learned Advocate appearing on behalf of respondent Nos. 1-6 on the other hand, submits that after 13 years, the petitioner is now stopped from challenging the amended provis......r was at serial No.5 in the gradation list of the Junior Executive Grade of the Agricultural Pool, even, then his case of promotion was not considered. By a gazette notification dated 16.6.1990, the government introduced BADC Employees Service Regulations, 1990 wherein the seniority-cum-efficiency w......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....he writ petition. It shows that the vendor of the petitioner never left Bangladesh after liberation and made a deed of contract with the petitioner in respect of the case holding. 15. On the other hand, the respondent No.2 could not furnish any evidence showing the basis of enlisting case propert......e 26, 1996. Result: The Rule is made absolute. Cases Referred to- Rahela Khatun Vs. Chairman, Court of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Md. Ayub Ali Vs. Bangladesh, 45 ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
.... said amount. In these circumstances the learned Advocate for the appellant submits that the signatures of the accused on the back side of the cheque in question were not examined and compared by any hand-writing expert with his specimen admitted signature and, as such, it cannot be said that the si......six) months more. 2. Prosecution case, in short, is that Tangail Dhaka Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of lease money. The Secretary and Tr......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ..Category: Criminal Law | Date: | Hits: 88
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....t Sarkar, P.W.6 Abdul Karim, P.W.7 Showkat Ali Molla, doctor P.W.8 Md. Habibur Rahman and Investigation Officer P.W.11 Moshiur Rahman are CS named witnesses and the remaining two namely, P.W.9 Fakir Chandra Gain and P.W.10 Bashanta Kumar Midda are not charge‑sheet named witnesses and P.Ws. 5‑7 w......e nearby fish gher. Thereafter, he lodged First information Report Ext. 1. After investigation police submitted charge‑sheet against the appellant alone under section 2(Ga) of the said Ain after recovering the victim girl and arresting the appellant. 4. At the trial appellant was charged Under ......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
....parties to the litigation or of their lawyers…………(21)
Cases Referred to-
Bangladesh Chemical Industries Corporation Vs. Eastern Bank Ltd. and others, 4 BLC 615; Golam Rabbani Khandaker (Md.) and others Vs. Hamida Bewa Shamsul Sheikh and others, 53 DLR 610; 36 DLR (AD) 1; 36 D......Land Lease Agreement and also submitted a Bank Guarantee to the opposite party No.1 as security for carrying out the construction work. In terms of the said agreements the opposite party No.2, the Government of Bangladesh was required to issue a number of permissions to the petitioner-company but ......ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
..
Category: Civil Law | Date: | Hits: 178
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
.... the judgment-debtor is likely abscond, etc. These provisions of section 51 and Order XXI, rule 37 of the Code are incorporated as a measure of punishment under certain circumstances. On the other hand, section 34 of the Ain empowers the Adalat to detain the judgment-debtor in civil prison (civil......ector of Gonophone at the relevant time or whether his resignation was accepted by the Bank are all disputed question of facts which cannot be decided in writ jurisdiction without taking evidence Moreover, the suit was decreed in favour of the Bank and against the defendants including the petitioner......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
.... Rani Gupta Vs. Abdul Awal Mia and others, 47 DLR (AD) 45; Atul Gomez and others Vs. Julian Rozario and others, (2001) 6 MLR (AD) 46; Durga Choudhurain Vs. Jawahir Singh, 17 Indian Appeal 122; Nefar Chandra Pal Chowdhury Vs. Shukkur Sheikh, AIR 1918 P.C. 92; Ramchandra Vs. Ray Lingam, AIR 1963 SC 30......vision No.1230 of 2006. Judgment AK Badrul Huq J.- Decisions recorded by learned Appellate Judge in a Title Appeal by which adjudication rendered by learned Trial Judge in a Title Suit had been overturned stand out to be subject matter of challenge in this Civil Revision Petition under section....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....e 1(kha) of section 19(1) of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General, on the other hand, submits that, through independent natural and neutral witnesses prosecution proved that huge n......dmitted that they are involve in illegal heroin business and also disclosed that in the traveling bags of them, they have along with them, 25 kg. of heroin. Then in presence of the witnesses, they recovered 118 packets of Lux soap, wrapping with polythin paper from the two traveling bags and in each......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....ocumentary it is incumbent of this Court sitting under revisional jurisdiction to consider the same in order to arrive at a proper finding on the basis of the materials on record. 10. On the other hand, Mrs. Nurun Nahar, the learned Advocate appearing for the defendant-respondent-opposite parties......hockingly perverse to the extent that the plaintiffs could not prove their possession in the suit land inspite of sufficient corroborative evidence to indicate that the plaintiffs are in possession over the suit property. Drawing my attention to the judgment of the trial Court below Mr. Humayun Ka...... No.14 of 1998 dismissing the suit are set aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t: The appeal is dismissed. Cases Referred to- Woodbrair Estate Ltd. Vs. Catholic Bank of India ltd., AIR 1958 Ker 316 (DB); Baker Vs. Barchy's Bank Ltd., 1935-2 All ER 571 (E); Bapulal Premchand Vs. Nath Bank, AIR 1946 Bom 482; Sanyashilingam Vs. Exchange Bank of India, AIR 1948 Bom KB); B...... missed by the trial court. 3. The case set out in the plaint, in short, is that the plaintiff and defendant No.1 are bankers and carry on banking business through various branches spreading over the country. Plaintiff bank has a branch of it at Kawran Bazar, Dhaka, wherein Dhaka WASA maint......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ..Category: Business or Commercial Law | Date: | Hits: 548
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