Search Options

Judgment Advanced Search

Displaying 1201-1220 of 1747 results.

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....of the President. But unfortunately, we are unable to accept this conten­tion since the provision of Article 55(6) stands for rule making power of the President for the allocation and transaction of business of the Government which is available in the very preface of the Rules of Business in the fo......J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Est......spute out of Court and so has arisen between the identified sick industry and the respective bank. Keeping in view the said scheme of re-conciliation or mediation the legislature subse­quently has incorporated different provisions of law in the remedial statute, the Artha Rin Adalat Ain, 2003 as we......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..

Category: Civil Law | Date: | Hits: 133

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....ector and the respondent Nos. 5 and 6 are the Directors. The father of the petitioner as the guarantor mortgaged the suit property described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd September, 1998 filed an application to the ......in....................Petitioner Vs. The Artha Rin Adalat No.4, Dhaka & others..............Respondents Judgment February 11, 2010. Lawyers Involved: Munsurul Huq Chowdhury, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Ahasanul Karim, ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

....00 so far declaring Yellow Book Values as the basis for valuation of the used/ reconditions vehicles. 2. The petitioner filed the above writ petition on the averments that he, in the course of his business, imported used vehicles under H.S. Code No.8704.10.10.00 and after arrival of the goods at .......................................Petitioner Vs. National Board of Revenue and others ..............Respondents Judgment June 24, 2009. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ...... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ..

Category: Fiscal/Taxation Law | Date: | Hits: 64

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

.... may seem fit and proper. 2. The petitioner is a private limited company incorporated under the Companies Act, 1994 to operate as a distributor of foreign channels. It is in the course of that business that the petitioner entered into a Distribution Agreement on 1-7-2004 with Asian Broadcasti...... Salma Masud Chdwdhury J Syed Refaat Ahmed J MGH Infocomm Ltd......................................Petitioner Vs. Bangladesh, represented by Secretary, Ministry of Information....Respondent Judgment December 14, 2006. Cases Referred To- R ......ct as a distributor of foreign channels in Bangladesh or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a private limited company incorporated under the Companies Act, 1994 to operate as a distributor of foreign channels. It is in t......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131...

Category: Information Technology Law | Date: | Hits: 171

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....th interest. Further case of the defendant was, that plaintiff expended Taka 80,00,000 for foundation and piling for the purpose of highrise eighteen-storied building, which was absolutely a personal business of the plaintiff. There is no nexus between the defendant and such expenditure. Subsequentl......gh Court Division (Civil Appellate Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Chairman, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

.... impugned order of conviction and the sentence though it would have been proved that the adulterated mustard-oil was recovered from the Oil-Mill of the accused as mere adulteration for the purpose of business profit does not attract the penal provisions as occurring in section 25C(1)(a) of the Speci...... May 14, 2003. Cases Referred To- Habibur Rahman alias Alam vs. State 47 DLR 323; Nurul Islam vs. State 1988 BLD 106; Nizam Hazari vs. State, 53 DLR 475. Lawyers involved: Md. Ayenuddin for Sk. Akhtarul Islam, Advocate —For the Convicted-Appellant-Petitioner. Fahima Nasrin, Assista......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ......as, 509 US 350, 359-362 (1993); Sheela Barse vs Secretary, Children's Aid Society and others, 1987 (3) SCC 50; Asiman Begum vs. State, 51 DLR (AD) 18. Lawyers involved: Fahima Nasrin, Deputy Attorney-General with Md. Jamil Akhter Elahi, Assistant Attorney-General—For the State-Petitioner. ......purposely enacted to give beneficial effects to a particular community of women and children and once enacted the rights which accrue cannot be frittered away by subsequent enactment 50. The Act incorporates provisions of international covenants in order to safeguard the juvenile from exposure to......us." 41. From the beginning of the 20th century many International Declarations, Covenants and Instruments, including those already referred to above, have been drawn up under the auspices of such bodies as the United Nations. The Convention on the Rights of the Child (also referred to as 'UNCRC ..

Category: Criminal Law | Date: | Hits: 167

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....ess, the petitioner sent a statutory notice dated 9-7-94 under section 163 of the Companies Act calling upon the respondents to pay the petitioner the said amount of Taka 5,00,000.00 with outstanding business profit up to July, 1994, but the respondent-company refused to take delivery of the said st......oner Vs. Banani Metal Limited and others…………………Respondents Judgment August 17, 1998. Lawyers Involved: Dr Kazi Akhtar Hamid with Rafiqul Islam Mehedi, Advocates—For the Petitioner. Shamsul Huda, Advocate—For the Respondent No. 2. Abdur Rashid, Advocate......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....on suit in order to create problem to this defendant. It is further contended that according to the partition deed dated 23-4-1956 the plaintiff and defendants were jointly managing their partnership business including petroleum business and thereafter in a meeting under the presidentship of late Am......278; Badhu and others vs. Ghulam Shah 15 DLR 315; PLD 1982 (Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 B......it has been observed by this Court as follows: "It appears from the application for accepting the additional written statement that the reasons set out therein are not substantiated by the facts incorporated in the additional written statement. Because the facts sought to be introduced to make ou......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..

Category: Property Law | Date: | Hits: 42

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....r’s share in the paid-up capital of the company. (e) Promoters shall be required to hold their respective shares for a minimum period of 3(three) years from the date of commencement of insurance business and can not sell the shares without the written permission from the Controller of Insurance......eatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All FR 1120 (CA). Lawyers Involved: Salahuddin Ahmed, Advocate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment......mmencement of the insurance business and cannot sell or transfer the shares without the written permission of the Controller of Insurance.” 17. The restriction on transfer of sponsors share as incorporated in Article 5(e) of the Articles of Association of the respondent company is almost identi......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)

....Rule are that opposite-party Kabir Ahmed filed a petition of complaint in the Court of Upazila Magistrate under section 406 of the Penal Code on the accusations, inter alia, that he had a partnership business with the accused and they used to purchase paddy from different places and sell the same at......posite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Involved: Mokbul Ahmed, Advocate — For the petitioner. Abdul Momen Chowdhury, Advocate—For the Opposite Party. Criminal Revisio......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..

Category: Criminal Law | Date: | Hits: 37

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....ief Metropolitan Magistrate, Dhaka should not be quashed. In Criminal Revision 232 of 1984, the three petitioners are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complain......in, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 1985. Lawyers Involved: Khan Saifur Rahman, Advocate with M. Khalilur Rahman, Advocate - For Petitioners (In Criminal Revision 232 of 1984.) K.S. Nabi, Advocate- For opposite party No. 1.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Akbar Ali and others Vs. State, 1986, 15 CLC (HCD)

.... the judgment that the learned Additional Sessions Judge after consideration of the point raised by the petitioners came to the following finding:- "As per diary of the Sessions Court there is 164 business days from 5.1.85 to 27.7.85, but the learned Sessions Judge being on leave and outside the ...... others…………………..Petitioners Vs. The State.................Opposite party Judgment March 3, 1986. Lawyers Involved: Jamiruddin Sircar with Mir Hashmat Ali, Advocates- for the petitioners. Kaiseruddin Ahmed, Deputy Attorney General- for the State. Criminal Revis......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29.......essions Case and for releasing the accused-petitioners. We think that there is no merit in this application. BB Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 29...

Category: Criminal Law | Date: | Hits: 24

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

....the nature of the smuggling or as to its time, place and manner. The second ground was stated saying that the detenu has got link with a formidable gang of smugglers who engaged themselves in illegal business of smuggling of Indian goods to Bangladesh and Bangladeshi goods to India. It was not menti......der.................................Petitioner Vs. 1. Govt. of People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. 2. Senior Assistant Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka. 3. District Mag...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...

Category: Criminal Law | Date: | Hits: 40

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....of this request defendant No.1 transferred the said amount to the aforesaid bank and informed the plaintiff on 19-4-90. It is also the case of the plaintiff that on 6-7-91 Bangladesh Bank stopped all business of defendant No.1. The aforesaid fund remained with defendant No.3 appellant-Bank. Then the...... Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. Lawyers Involved: Syed Ishtiaq Ahmed with Sayyid Shahid Hossain, Advocates—For the Appellant. MA Halim, Shariful Islam Khan, Advocates—For the Respondent No. 1. Dr Zahi......d to prize amount shall be deemed to be, a financial institution as defined in this clause. 12. This provisions of the Ain was of course subsequently deleted and the new sub-section (6) has been incorporated in 1994. It appears from the original Artha Rin Adalat Ain that any institution which com......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....ith Rule 270 of the Rules of Procedure of Parliament the Members of Parliament are immune from any proceeding in a Court if the Member of Parliament makes statement in Parliament and in course of the business of the Parliament. He submits that Article 108 is not absolute, rather it is subject to law......an and others Vs. M Sanjiva Reddy and others, AIR 1970 (SC) 1573; 47 DLR (AD) 111. Lawyers Involved: Moudud Ahmed with Khondker Mahbubuddin Ahmed, AM Mahbubuddin and Iyreen Mahbub Advocates- For the Petitioner. Mahmudul Islam, Attorney-General, with Mahbubey Alam, Additional Attorney-Gene......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....trate, Dhaka on 22-12-98 issued the order of detention which indicates malafide as regards arrest and detention. It has been asserted that the detenu is a minor boy who helps his father in his hawker business and the issuance of the order of detention was done without any thought or application of j......3 (SC) 1086); Sebastian M Hongony Vs. Union of India, AIR 1984 (SC) 1026; Md Shahnewaz Vs. Govt of Bangladesh, 18 BLD 337=50 DLR 633. Lawyers Involved: MK Rahman with Idrisur Rahman, Advocates-For the Petitioner Obaidur Rahman Mostafa, Deputy Attorney-General with Mushfiqur Rahman Khan, Ass......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..

Category: Criminal Law | Date: | Hits: 106

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....the parties for a period of one year and the plaintiff deposited further Taka 90,000 as security with said petitioner and rent was enhanced from Taka 1,600 to 2,000. The plaintiff was carrying on the business of making and selling sweets as before. The plaintiff employed the petitioners No.2 to 5 as......ers…………………… Petitioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamiruddin Sircar with Bazlul Ghani, Advocates- For the Opposite Party. Ci......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..

Category: Civil Law | Date: | Hits: 82

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

..... He wrote:…………………….. 158. No matter what constitution is agreed on, there will always be disputes as to whether government policies are "Constitutional." Individuals, parties, businesses, parts of the bureaucracy, and the Military may feel that some policy is unconstitutiona......tion. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that......abinet collectively responsible to the Parliament. The machinery of government is eventually on the British pattern and the whole collection of British constitutional conventions has either been incorporated in the constitution or are being followed as unwritten constitutional conventions. 24......ot be an interdict. All this, far from undermining the confidence of the public in Courts, enhances it and in the last analysis cannot be repressed by indiscriminate resort to contempt power. Even bodies like the law commission or the law institute and researchers, legal and sociological, may r..

Category: Criminal Law | Date: | Hits: 130

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....ge. His contention as regards claim on account of loss due to fall in price of rice, additional bank interest due to delay in shipment, post landing survey charges, compensation to the party, loss of business continuity as made in item Nos. 4, 5, 6, 7 and 8 of paragraph 6c of the plaint is that thos......is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M. Zahir with AKM Fazlul Haque, Advocates— For the Plaintiff. Muhammad Ohiullah with SK Siddique, Md. Al Amin Sarker Advocates—For the Defe......arry the cargo by ‘MV Sargodha’ but had not done so and the goods were delivered late and the defendants thus committed fundamental breach for which the defendants cannot rely on the conditions incorporated in the bill of lading which were intended to protect them. For fundamental breach of the ......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214