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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

.... 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital o......sa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs.......is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital ......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

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......ul Khayer and others, Civil Appeal No. 86 of 1994; Md Shahabuddin Vs. Janata Bank, 41 DLR 94;  Rupali Bank Vs. Nazrul Islam, 39 DLR 167. Lawyers Involved: M Khaled Ahmed, Advocate — For the Petitioners. AKM Enayet Hossain, Advocate — For the Opposite Party No. 1. Civ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......ion before this Division. On an appeal therefrom, the Appellate Division on review of various decisions, formulated the principles as to the law relating to the employees of statutory corporations or bodies- (a) If an employee is dismissed or his service is terminated in contravention of a ma..

Category: Administrative Law | Date: | Hits: 165

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....as further contended that the house in question is a residential abode and cannot be an office of the petitioner No. 2 as he has no trade licence on the said address; his trade licence shows that his business office has been registered in the address of Motijheel area and his recruiting office was a......jdhani Unnayan Kartipakha (RAJUK) and others 44 DLR 515; Abdus Sattar (Md) Vs. Bangladesh and others 48 DLR (AD). Lawyers Involved: Dr Kamal Hossain with Ramjan Ali Sikder, Advocates—For the Petitioners. Shah Khasruzzaman with MA Mannan, Advocates—For Respondent Nos. 1 &......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....dent Nos. 2 and 3 and the rest out of 267 were released. The prostitution since prohibited under the Constitution, carrying on the profession staying or roaming and moving around the locality for sex business cannot be said to be the fundamental right of sex workers supported by law of the land. The......s Case is also Reported in: 53 DLR (2001) 1. ...... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ...... have now greatly contributed to their inability to even return to their relatives. A visit to the vagrant home would reveal that the respondents have physically abused them in private parts of their bodies in the name of rehabilitation and are letting them free to go with their so-called family mem..

Category: Constitutional Law | Date: | Hits: 264

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....4310 of 2001 making the Rule absolute. 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 ho...... Md. Abdul Aziz J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of......8 passed by the High Court Division in Writ Petition No.4310 of 2001 making the Rule absolute. 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 th......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

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....respondent No. 2 filed the petition of complaint before the Chief Metropolitan Magistrate, Chittagong being CR Case No. 183 of 2006 (Doublemooring Zone) alleging, inter alia, that there was a regular business transaction between the accused-petitioner and the complainant. On 22nd November, 2005 and ...... The State and another……... Respondents Judgment February 3, 2010. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-R......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..

Category: Criminal Law | Date: | Hits: 34

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J BK Das J Md. Abul Kashem……...........Petitioner Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment July 26, 2009. La......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....lhet and Chittagong respective­ly. In response, the respondent wrote a let­ter dated 16.09.2002 stating, inter alia, that they have invested a huge amount of money in order to expand the claimant's business which they have estimated to be BDT 750 million. They admitted that there is a dispute with......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Saudi Arabian Airlines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi ......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. ......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. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....) The validity of the proceeding in Parliament shall not be questioned in any Court. (2) A member or officer of parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of ......to- Rabi-S Naik Vs. Union of India AIR 1994(SC) 1558; Brundaban Nayak Vs. Election Commission of India, AIR 1965 page 1892, Para 12; Golam Mustafa Khair Vs. Chief Election Commission, PLD 1969 (Lahore) 602; Fazlul Kader Chowdhury Vs. Md. Abdul Hoque PLD 1963(SC) 486; Bradlaugh Vs. Gossett 1884 (1......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. ......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

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....he respondent No.1  and none else. The trade mark "NABISCO" connotes and denotes to the order as well as to the consumers the prop­erty of the respondent and the same has become integrated with the business of the respondent, in fact, the aforesaid trade mark has assumed the property of a great si......ssed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....d plots, structure stand­ing thereon and some scrap machineries acquired by BSCIC. 3. The case of the writ petitioner was that he is the proprietor of M/S. Friends Chemical Industries and his business part­ner was Mr. Md. Liaquat Ali of 240/1, South Paikpara, Mirpur, Dhaka. The peti­tioner......Station-Motijheel 1, Dhaka-1000 and others….......Respondents (In Civil Petition No.832 of 2009) Judgment January 6, 2010. Lawyers Involved: Md. Nazrul Islam and others-For the Respondents (In Civil Petition No. 856 of 2009) A. J. Mohammad Ali, Senior Advocate in......­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. ......­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. ..

Category: Property Law | Date: | Hits: 29

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ions: (a) Whenever a person is arrested by a police officer under sub‑section (1) he shall disclose his identity to that person and if the person arrested from any place of residence or place of business, he shall disclose his identity to the inmates or the persons present and shall show his of......Criminal Procedure, 1898 (V of 1898); Section 54, 161, 163 & 167. The Constitution of Bangladesh, 1972; Article 35(4) & 102 The Special Powers Act, 1974 (XIV of 1974); Section 3 The word ‘concerned’ used in the section is a vague word By using the word ‘concerned’, a poli......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. ......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. ..

Category: Constitutional Law | Date: | Hits: 137

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..............Respondent Order July 2, 2008. Result: Leave is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-Fo....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......n the beel. They looked for the dead body of Sadia and found her beheaded dead body in a poly­thene bag in the paddy field of one Jabed Ali. Subsequently Md. Shawkat Alam held inquests upon the dead bodies of the victims, namely, Sanwara and Sadia. Thereafter the petitioner Sohel himself brought ou..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

....are 4 storied residen­tial buildings within pharmaceuticals com­pound. Azizul Haque, father of accused petitioners was the eldest son of Md. Shamsuddin Talukder. Azizul Haque used to look after the business and taking the advan­tage he created papers fraudulently for grab­bing the business estab...... Vs. The State and another..........Respondents Judgment March 8, 2009. Lawyers Involved: A. M. Aminuddin, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Syed Haider Ali, Advocate instructed by Syed Mahbubar Rahman and A.S...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....ccording to the appellant there were 300 shop rooms in C.S. Plot Nos.725-726 at the premises of Ahasan Manzil, Ahasanullah Road, Dhaka. The appellant and others shop owners had been carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease o......Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J A.B.M. Asgar………………………………Appellant Vs. The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Responde......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

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

.... and 2 from delivering the possession of the suit shop in favour of the defendant Nos.3 and 4 and to restrain the respondent Nos.3 and 4 from forcefully entering into the suit shop and conducting any business therein. On 24.10.2005 defendant Nos.1 and 2 and the defendant Nos.3 and 4 filed written ob......is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....in 1948 Hari Priya Bisnabi died and after her death her only heir Khepa Chand Bairagi inherited the suit property and possessed the same along with the members of his fami­ly running harbal medicine business there­in; that prior to that there was no Deity in the suit property and the C.S. recorded...... Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22, 2009. Cases Referred To- Hunooman Persaud Vs. Mst. Babooee, 1856-6-MIA 393; Kishore Joo Vs. Guman Behari Joo Deo AIR 1978 All 1; Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi &am......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....h the above loan money and also upon equitable mortgage of the landed properties owned by the respon­dent No.2 but due to lot of formalities and other various impediments, they could not start their business in time and thereby they having failed to repay the loan, the appellant instituted Money Su...... Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beauty Engineers Corporation and others…………..Respondents Judgment April 27, 2009. Case Re...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....s under the trade name "Hunter" and "Crown". It was stated in the writ petition that respondent No.1 a private limited company incorporated under Companies Act, 1994, in short the company, carries on business, inter alia, of manufacturing and marketing of beverage products having established a moder......s Control Dhaka and another ...........Appellants Vs. Crown Beverage Ltd. and another ...........Respondent Judgment December 2, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Appellants. Rafiqu......xport, supply, sell, hold, preserve, warehousing and exhibit of products under the trade name "Hunter" and "Crown". It was stated in the writ petition that respondent No.1 a private limited company incorporated under Companies Act, 1994, in short the company, carries on business, inter alia, of manu......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

.... The commercial estab­lishment has been defined in Section 2 of the Employment of Labour (Standing Orders) Act, 1965 as under:- "(d) 'commercial establishment' means an establishment in which the business of advertising, commission or forwarding is conducted, or which is a commercial agency, and......r Development and others.........Appellants Vs. The Chairman, Divisional Labour Court, Khulna and another….........Respondents Judgment October 28, 2009. Cases Referred To- Director of Ports Vs. 2nd Labour Court, Dhaka; Chairman, DIT and another Vs. Chairman, 2nd Labour Court an......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...

Category: Labour and Industrial Law | Date: | Hits: 110