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Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)

....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ......s.7 to 9, prayed for being added as defendants stating they took lease of the suit land from the government and had been pos­sessing the suit land by constructing struc­tures and also running their business thereon and on 25.5.2000, two others also prayed for being added as defendants on the groun..

Category: Property Law | Date: | Hits: 39

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......ourt Division. 3. The prosecution case, in brief, is that on 29-04-1995 deceased Masud Ahmed son of informant Shamsuddin Ahmed, a Member of the Parliament, went to Shibpur in connection with business along with his friend Abdul Baten in a motorcy­cle. After conclusion of his business ..

Category: Criminal Law | Date: | Hits: 44

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......) re-con­ditioned vehicles imported by him within a period of 10 (ten) days from the receipt of the judgment. 2. The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 da..

Category: Business or Commercial Law | Date: | Hits: 139

Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)

....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ....... 93.13 lacs, SOD of Tk. 29.44 lacs and PC of Tk. 5.59 lacs shown against A/C of York Garments Ltd. which were in fact the liabilities of Mosharraf Hossain, his elder brother, who is an independent business man for the last 30 years and the appellant had no business or monetary connection whatsoe..

Category: Banking Law | Date: | Hits: 112

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......to hold the first AGM; subsequently, attempts were made to appoint three new directors, increase share capital to 2000 shares and issuing/redistributing the shares among directors by transacting such business through the meeting of Board of Directors as the statutory AGM could not be held but subseq..

Category: Business or Commercial Law | Date: | Hits: 151

Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)

....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ......his son Dr. Badiuzzaman Mallik MRCP; in course of time enmity cropped up between Atahar Ali Khan, the proforma defendant No. 4 and Arshad Mallik, the second son of the plaintiff, relating to their business and then out of grudge and enmity the proforma defendant No. 4 created the disputed kabala ..

Category: Property Law | Date: | Hits: 63

Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)

....ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......ing cogent reasons does not require interference by us. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..

Category: Criminal Law | Date: | Hits: 96

Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)

....of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... from Sonali Bank and in view of the above the plaintiff did not take the loan from Sonali Bank but the defendant, though promised, ultimately did not give further loan to them and as a result the business of the plaintiff serious­ly hampered leading to the lay off of its factory; the defend..

Category: Business or Commercial Law | Date: | Hits: 75

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......in the prospectus although the matter was known to them at the time; the non-shipment of the last consignment delayed the project implementation and ultimately led to the change in the products/business of the Company. As such the company sustained adverse financial results in the years from..

Category: Criminal Law | Date: | Hits: 36

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......ng, inter alia, that the suit shop was let out to the father of the (defendant No.1 on monthly rental basis and on his death the defendant petitioner, became a tenant at will who started doing his business in the suit premises paying  monthly rent at the rate of Tk.2,000/- and the paid rent..

Category: Property Law | Date: | Hits: 31

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......e Penal Code for attempting to cause murder of Shakkhar (2) son of the victim Chapa in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich businessman of Barisal. He has several sons and daughters living in his house at Falorbari road, Bar..

Category: Criminal Law | Date: | Hits: 94

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ctor of a Bank is authorised to act on behalf of the Bank for such and other purposes. Therefore, we are unable to find any fault with the Managing Director issuing the notices in his usual course of business. 11. Secondly, whether the notices were unduly dictated by Bangladesh Bank. Section 45 ..

Category: Banking Law | Date: | Hits: 139

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. .......57 an enquiry was held by the Revenue Deputy Collector wherein it has been stated that there were as many as 5 bunds which completely blocked the free passage of water and thereby paralysed their business for which they claimed relief and it has been also stated that a considerable amount in th..

Category: Civil Law | Date: | Hits: 89

Faridul Alam Vs. State and another, 2007, 36 CLC (AD)

....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......us Case No. 10039 of 2004. 2. The respondent No.2 Kaji Md Abu Tayeb lodged a complaint on 8-10-2003 before the learned Chief Metropolitan Magistrate, Chittagong stating, inter alia, that there was business transaction between him and the accused petitioner and that on 4-9-2003 the petitioner hand..

Category: Criminal Law | Date: | Hits: 138

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......on of extortion against the respondent No. 1. 7. It was further stated that in the FIR the informant Mr. Azam J Chowdhury, alleged, inter alia, that East Coast Trading (Pvt) Limited is a national business organisation of international stan­dard, that the organisation has been conducting its bus..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..

Category: Constitutional Law | Date: | Hits: 124

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......hy;ed while she went to India in connection with her voyage and due to above arrest MV Loyal Bird remained detained in India from 22-7-94 to 31-12-94 and consequently the defendant No. 2 sustained business and other loss amounting to Taka 4,15,27,204; in the above circumstances, the defend­a..

Category: Civil Law | Date: | Hits: 111

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......is true that there is no such thing as absolute or unqualified separation of power in the sense conceived by Montesquieu but there is however a well marked and clear cut functional division in the business of the Government and our judiciary is to oversee and protect the overstepping not only of..

Category: Criminal Law | Date: | Hits: 79

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......nto issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of Evidence Act, 1872 and should start with the presump­tion of regularity in official business." 28. The said presumption under section 114(c) of the Evidence Act declar..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ......e said land in favour of Sudhir Chandra Das and accordingly he constructed dwelling house thereon and died in the year 1994; in the year 1964 the then Government requisitioned the suit land for the business of country made wine; that against whereof said Sudhir Chandra put objection in Miscellan..

Category: Property Law | Date: | Hits: 34