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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ......ka 3,63,70,000.00 by 1984 as loan and Taka 1,75,000.00 as paid up capital to start its business. It is alleged that the company defaulted in making payment of loan to BSRS and the liability increased from Taka 363 crore in 1984 to Taka 9,49,47,195.00 by the end of 1997. The petitioner and her husban....... 1 company to take appropriation and necessary action to conduct the company’s affairs in a manner prescribed in the articles of association and the Companies Act, 1994. (iii) To appoint an independent auditor furnish an audit report of the company for the year 1997, 1998 and 1999; and ......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ....... 2. The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporated in the year 1963 is engaged in Tank Terminal business upon obtaining a permission from the Chittagong Port Authority, respondent No.4 on lease hold basis situated beside the Karnaphu......due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. The respondent No.1 being a juristic person has its independent identity and liable for its own act, deeds, things and declaration. Therefore, the promi......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......t, are that the arbitration related to the alleged dispute which arose between the parties in the matter of the alleged failure of the respondent to deposit the sale proceeds for those tickets sold from the month of July till the 2nd of September 2002. It also dealt with the counter claim of the r......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......tted all the sale proceeds of the transportation of the previous month to the instant petitioner. Before remitting the entire sale proceeds, the respondent and its sub agents, if any, will deduct, at source, their commission at the agreed rate. In the instant case, the sale proceeds for the month of..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......adruddoza Chowdhury. Their case, as stated in the petition, is that Md. Hasibur Rahman Shawpon and Dr. Md. Alauddin were elected as members of Parliament in the general election held on June 12, 1996 from the national constituency No. 67, Sirajganj—7 and national constituency No. 56, Rajshahi-5 re......hat was the intention of the framers of the constitution in providing a forum in the Election Commission, as contemplated under Article 66(4) of the constitution. What they were looking for is an independent body, not directly involved with the day to day affairs of Parliament, to investigate ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ....... 1163 of 1998) Judgment Mustafa Kamal CJ.- This appeal by leave by the Secretary, Parliament Secretariat, Sangshad Bhaban, Dhaka, respondent No. 2 in Writ Petition No. 1163 of 1998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in t...... determined, he shall be deemed to have voted against that party under clause (1) and shall vacate his seat in the Parliament. (3) If a person, after being elected a member of Parliament as an independent candidate, joins any political party, he shall, for the purpose of this article, be deem......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......ion and other papers on record. 13. The learned Counsel submits that the High Court Division erred in law by entertaining the application under Section 561A of the Code of Criminal Procedure from a fugitive who has not yet showed respect to trial court's order by surrendering to the court......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......st Government demanding submission of the statements of all immovable and movable properties owned and possessed in his name and in the name of his wife or in the names of any other persons and the source of acquiring/owning such property. 5. On 20.06.2007 the respondent No.1 filed wealth..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further, the President of the Republic promulgated the Emergency Power Ordinance, 2......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......005. That property worth of Tk. 1,19,83,453/- is disproportionate to the latest income tax return filed by the respondent and his wife who have been acquired through unlawful means and beyond known source of income. During the enquiry it was found that the respondent has been possessing property o..Category: Others | Date: | Hits: 98
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......er payable premium without any default and they set up a chemical industry on the said allotted plots by constructing a factory building and importing machineries and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......mical industry on the said allotted plots by constructing a factory building and importing machineries and other sophisticated equipments from abroad by spending huge amount of money from their own source. 4. The petitioner and his partner entered into an agreement of hire purchase with the..Category: Property Law | Date: | Hits: 29
....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......ormation, source of information must be disclosed by the Police officer and also the reason why he believed the information.
In case of arresting of a person by the police on receiving information from a known ‘source’ of the police, even in that case also, the police officer, before arrestin......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......ledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nature of the information, source of information must be disclosed by the Police officer and also the reason why he believed th..
Category: Constitutional Law | Date: | Hits: 137
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......le. Thereafter the appellant moved this Division a leave petition. This Division granted leave to consider the following points: "the Anti-Corruption Commission Act, 2004 came into effect on and from 9-5-2004 and unless any complaint, investigation, enquiry, filing of case or sanction were com......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......man Commission Ain, 2004 read with Rule 15Gha (5) of the Emergency Powers Rules, 2007. The Commission investigated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinion that he had committed offence punishable under the said provis..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....ing on this confessional statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. However the court acquitted other accused persons in absence of any corroboration by any independent evidence. Since there was no evidence direct or circumstantial apar......ase No. 16, dated 22.04.2002 implicating 10/15 unidentified persons under sections 302/34/380 of the Penal Code alleging, inter-alia, that on 22.04.2002 at about 06.00 a.m. the informant came to know from the 2(two) students of the victim's orphanage that his brother namely Vhanto had been killed. H......nal statement holding it to be true and voluntarily, the High Court Division maintained the sentence of death. However the court acquitted other accused persons in absence of any corroboration by any independent evidence. Since there was no evidence direct or circumstantial apart from the confession......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..Category: Others | Date: | Hits: 63
....s provided under section 155 of the Dhaka Municipal Corporation Ordinance, 1983. Section 154 of the Dhaka City Corporation Ordinance, 1983 provides that any person aggrieved by an order passed by the corroboration or any officer in pursuance of the said ordinance or rules or by laws may prefer an ap....... 87 of 2002.
(From the judgment and order dated 27.7.1999 passed by the High Court Division in Writ Petition No.471 of 1989.)
Judgment
S. K. Sinha J.- This appeal, by leave, is from the judgment and order dated 27th July, 1999 of a Division Bench of the High Court Division in ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
..
Category: Property Law | Date: | Hits: 29
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......n Dewan voluntarily and out of his deep affection for his daughter (defendant No. 1) expressed his willingness to transfer some of his property to the defendant No.1. She agreed to accept such gift from her father. Accordingly Munshi Imamuddin Dewan on receipt of one volume of holy Quran made gift...... who till the last day of his life rarely failed to perform his five times daily prayers and also Tahazzud as well as other religious duties. He was a man of great integrity and character and of very independent spirit. During his long life not only brought up his children nicely, giving them good e......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ..Category: Property Law | Date: | Hits: 33
....und of the discussions made hereinbefore we find merit in the appeals.
Accordingly, the appeals are allowed without any order as to cost.
Ed.
This Case is also Reported in:VII ADC (2010) 25.
......স্থা), সেবা কোড S 020.00 and the Memo, being নথি নং এস/০২/রাজস্ব হিসাব/মংলা/৯৯-২০০০ dated 25.6.2002 deducting VAT from the pending bill of the writ-petitioners and that also expressing the intention to realize the ...... "জরিপ সংস্থা" has also not been defined by the SRO dated 8.6.2000 and that had the legislature intend to levy VAT on the service of the PSI Agency then there would have been an independent entry in the Schedule of the VAT Act in respect of PSI Agency, that paragraph 7(ঘ) of ......he contract as stated hereinbefore PSI Agency for the service rendered submitted bill and the authority made payment for some time without deducting VAT. On March 11, 2001 NBR wrote to the Internal Resources Division of the Ministry of Finance about the realization of VAT and income tax from the bil..
Category: Fiscal/Taxation Law | Date: | Hits: 95
....trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
...... These two appeal Nos.111 and 112 of 2008 at the instance of the Government and Kazi Habibul Awal, Secretary-in-charge of Ministry of Law, Justice and Parliamentary Affairs respectively having arisen from the self-same judgment involving common question of law and facts are heard and disposed of by ......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......e delivered, in the form of elementary truths, the several characteristic principles of that particular system. That we may by sure, then, not to mistake his meaning in this case, let us recur to the source from which the maxim was drawn.
45. On the slightest view of the British Constitution, we ..
Category: Constitutional Law | Date: | Hits: 207
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......it No.11/ WF/151899 dated 09.09.1999 through Pubali Bank Limited, Sadarghat Branch, Dhaka for import of 17,500 metric tons of 'Seven Rings' brand ordinary Grey Portland Cement of Indonesian origin from Hongkong at the rate of US$ 41.00 per metric ton as per Invoice No.990918A-D dated 15.09.1999 ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......Khamata Bidhimala 2007 as amended by S.R.O. No. 30-Ain/2007 hereinafter referred to as "the said Rules" and submitted that in view of the aforesaid provision of the said Rules this Court is precluded from exercising the power under Section 497 and 498 of the Code of Criminal Procedure. The submissio...... are to remember another cardinal principle as to the interpretation of law relating to the curtailment of jurisdiction of the superior Courts. It is well settled that in a democratic country with an independent judiciary the jurisdiction of Superior Courts are not to be interpreted to have been tak......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......tating, inter alia, that the land in suit belonged to Yakub Ali Dobhash and others and they settled the land in suit on nominal rent to the plaintiff, J.M. Sen Institute, about 65 years back (from the date of institution of the suit i.e. 3.12.1987 and since then the school upon constructing......fendants, the High Court Division fallen into an error of law in holding that the defendants are licensees under the plaintiff, that it was inappropriate for the High Court Division to give an independent decision on the facts over which both the Courts were silent and in that state of the ...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ..Category: Property Law | Date: | Hits: 82
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintiff upon removing all the obstacles therefrom within the period of 30 days. The trial Court gave the option to the plaintiff, in case o......r witness in support of her case and in refutal of the case of the plaintiff. 6. The trial Court decreed the suit on the findings that the plaintiff by the competent and reliable as well as independent witness proved the fact of payment of Tk. 3,50,000/- as earnest money and receipt ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
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