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Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

....5. He is also Managing Director of World Tel of Bangladesh Holding Ltd. (WTB Holding), which is the majority and controlling share of WT Bangla­desh. WT Bangladesh was incorporated on 12-6-2000. The Chairman of WTB Holding Ltd. is Mr. Sam Pitroda settled in the USA and he was thus one of the origin......r Vs. State………………………….Opposite Party Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the com...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ..

Category: Criminal Law | Date: | Hits: 124

Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

....s of no legal effect. 2. The facts relevant for disposal of this petition are: The petitioner, a Private Ltd. Company, was granted a licence to import 4000 MT of rice from Japan. AHM Khorshed Ali, Chairman, Hotel Agrabad, Chittagong expressed his desire to finance for import of the rice. The peti......tution impugned publication of the list of defaulting borrowers in the Daily Star dated 22‑3‑98 (Annexure‑J) including his name on the ground that it has been published without lawful authority and is of no legal effect. 2. The facts relevant for disposal of this petition are: The petitione...... discussion, we do not find any substance in this petition. And it is, accordingly, rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 594. ......, 1972. Thus, in view of provision of Article 42(c) it seems to me that publication of the news and the disclosure of information by the respondent No.1 in no way attracts Article 46(1) of the Order. Publication of the news ipso facto is no ground to hold that the news was disclosed by the responden..

Category: Civil Law | Date: | Hits: 119

Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)

....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ..

Category: Civil Law | Date: | Hits: 93

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

....village Paikpara and when they found the homestead property of Rasharaj Bhattacharjee lying vacant at a short distance, then they took possession in the suit property with the permission of the local Chairman; that since the property was enlisted as a vested property, the defendant Nos. 1 to 6 obtai...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ..

Category: Procedural Law | Date: | Hits: 165

Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)

....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ..

Category: Property Law | Date: | Hits: 112

Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)

....ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..

Category: Environmental Law | Date: | Hits: 688

Jahirul Haque Vs. State, 2011, 40 CLC (HCD)

....st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands dis­missed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..

Category: Criminal Law | Date: | Hits: 83

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evi­dence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..

Category: Criminal Law | Date: | Hits: 99

STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)

.... Cop. Ltd. 2000 AIR (Del) 171; Venture Global Engineering, Vs. Satyam Computer Services Ltd., (2008) 4 SCC 190; HRC Shipping Limited Vs. MVX-Press Manaslu 12 MLR 265 = 58 DLR 185; Pubali Bank Vs. the Chairman, First Labour Court, Dhaka and another; 12 BLD (AD) 72 = 44 DLR (AD) 40; Ortho, Pharmaceuti......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ....... Accordingly, the application under sec­tion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..

Category: Alternative Dispute Resolution | Date: | Hits: 506

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....ence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Directors. It further appears that on 23-4-2012 a notice was issued by the Respondent No.2 (Chairman of the Respondent Company) convening an Extraordinary General Meeting (EGM) fixing 15-5-201......Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur……………………………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result.......100 each. These 4 subscribers each has sub­scribed for 5,000 shares equally. Article 14 and Article 26 of the Articles of Associations contains provisions to from quorum requiring presence of all 4 Members, for holding the General Meetings as well as for holding the meetings of the Board of Direct...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..

Category: Company Law | Date: | Hits: 129

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....tioned in Annexure‑"E" should not be declared to have been made without lawful authority and are of no legal effect. 2. The relevant facts stated in the petition, are that the petitioner was the Chairman of the Zila Parishad, Pabna with the rank and status of Deputy Minister and was also a memb......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..

Category: Criminal Law | Date: | Hits: 77

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-respon­dent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......f land to Chand Mia and delivered the possession thereon; that the defendant No.1 collusively instituted the Certificate Case No.68370/60-61 and by sup­pressing the notice under sections 7 and 46 of Public Demand Recovery Act, got the proper­ty on auction and purchased the same at a price of Tk. 4..

Category: Procedural Law | Date: | Hits: 114

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......eported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

.... informant, Kazi Mofzol Ahmed, were in their shop. On hearing the gunshot, the said two brothers were coming towards the tea stall of Abdul Halim and while they reached near the brick filed of Ismail Chairman, accused Osman, Moinuddin, Mobarak, Mojib, Lokman opened fire towards the said two brothers...... (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ection Appeal No.2 of 2009 holding that no appeal lies against any interlocutory order passed by the Election Tribunal in Election Case, filed the present writ petition stating that he was elected as Chairman of Kawkhali Upazilla Parishad under Pirojpur District in the Upazilla Parishad election hel......riginal Jurisdiction) Present: AHM Shamsuddin Chowdhury J Md. Delwar Hossain J S.M. Ahsan Kabir……………Petitioner Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents Judgment June 10, 2010. Result: The Rule is disch......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ..

Category: Election Law | Date: | Hits: 600

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ....... It is a course not obligatory on the pub­lic Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his duty to bring home the guilt to the accused. The burden of establishing the..

Category: Criminal Law | Date: | Hits: 84

State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)

....or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......s discretion to enlarge a convict has not been clearly stated under the provisions of sub‑section (1) section 426 but that discretion is to be exercised in consonance with the practice of the Court and well settled judicial pronouncements and norms. Before liberation when there was no heavy pressu......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..

Category: Criminal Law | Date: | Hits: 87

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law......... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......onclusion of the guilt of the accused………………………………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shi..

Category: Criminal Law | Date: | Hits: 92

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... terminal at Patenga under the private sector on BOO basis is also included in the Master Plan of Chittagong Port for the years 1995 to 2010 AD and that in the meeting held on 13‑6‑1995 under the Chairmanship of the then Shipping Minister, Mr.. MK Anwar, (Annexure 11 to the affidavit-in-­opposi......e is also Reported in:55 DLR (2003) 171. ...... dated 27‑12‑1997 and that the same were duly examined and considered not only by the government officials but also by the Council Committee on Economic Affairs, consisting of some of the Hon'ble Members of the Cabinet and some senior government officials. 17. In order to appreciate the alleg......ivate party, and against the public interest…………………………………(24) Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiated in a Court of law for the enforcement of..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....RAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment Fe......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171