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Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ...... Vs. Dr. Shyam Sundar Kundu (FCPS) & others..........Respondents (In both the appeals) Judgment December 3, 2007. Lawyers Involved: A.F. Hassan Arif, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants (In Civil Ap......this Court." "Because the Bangladesh Public Service Commission is a self Governed constitutional body and that the PSC recommended the present petitioners as per provision of law as incorporated in Article 14ft- of the Constitution of the People's Republic of Bangladesh; that the l......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
.... the cross examination, appeared to be that the petitioners are innocent and they did not forge or create the bills or advices as alleged and those bills came to them in the regular course of business from the District Accounts Office, D.A.O. with proper embossing seals and authority......Petition No. 118 of 2004) Vs. The State..............Respondent (In both the cases) Judgment April 29, 2007. Lawyers Involved: Khondakar Mahbub Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner (In both the cas......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
...., Chandpur, in the year 1990 and set up a Brick Field on 2.00 acres of land in the Lankhpur Mouza, Katchua, Chandpur under the name and style M/s. Tajul Islam Brick Field and he having engaged in the business, invested huge amount of money in the said business. From the Deputy Commissioner, the peti......) of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ..Category: Environmental Law | Date: | Hits: 517
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
....etters of appreciation on 13.08.1987, 19.09.1987 and 23.12.1987 and that he was promoted as supply officer and thereafter as assistant manager and that on flimsy grounds of carrying of supply business by his wife he was demoted from service with malafide motive on 19.10.1997. It was stated ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation represented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitol...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..Category: Employment/Service Law | Date: | Hits: 72
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
....rted by defendant No.6 is of low quality and as such price of the water pump imported by defendant No.6 being low the buyers are deceived and that plaintiff is also being subjected to loss of business, that the water pump imported by the defendant No.6 and is being marketed by defendan......ump Marketing and another .....Petitioners Vs. Pedrollo NK Ltd. and others ......Respondents Judgment April 16, 2006. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record - For the Petitioners ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ...... the judgments while disposing of the application for temporary injunction. Accordingly the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 934. ..Category: Intellectual Property Law | Date: | Hits: 201
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....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......and another vs. Fatiq Chandra Saha and others, 1983 BLD (AD) 315; Santipada Datta & others vs. Satish Chandra Das and others, 54 DLR (AD) 173. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For the Petitioner. Mahbubey Alam......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. ......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. ..Category: Property Law | Date: | Hits: 39
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....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 ......lip;……….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not repres...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 44
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....) 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......11, 28, 8 LG (AD) (2011) 28. ...... 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. ...... 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. ..Category: Business or Commercial Law | Date: | Hits: 139
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ......r Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on–Record- For the Petitioner. ......ed by it fulfilled the requirement of clause 6.1 of ITB and the bid was therefore responsive. It suffices to say that the fact of the case in hand does not call for overlooking or ignoring the corporate distinction in law of the respondent No.1 (PISB), AIT and PCB. There is therefore no coge......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
..... 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......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal No. 111 of 1999 ......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. ......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. ..Category: Banking Law | Date: | Hits: 112
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....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...... August 20, 2006. Result: The petition is dismissed. Lawyers Involved: M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....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 ....... Dr. Badiuzzaman Mallik and others..........Respondents Judgment April 24, 2006. Lawyers Involved: Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Prinash Chandra B......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. ......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. ..Category: Property Law | Date: | Hits: 63
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
.... 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......ellants Vs. National Electric Company Ltd…………….Respondent Judgment March 21, 2007. Lawyers involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Not r......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. ......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. ..Category: Business or Commercial Law | Date: | Hits: 75
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......lip;………Petitioner Vs. The State............................Respondent Judgment May 7, 2007. Lawyers Involved: Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Pe......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......t received a message at Chakoria that his daughter and grand daughter (Sunita and Nishita respectively) were murdered in their residence, the complainant rushed there immediately and found the dead bodies. In the aforesaid facts and circumstances, the informant suspected that the accused Pa..Category: Criminal Law | Date: | Hits: 43
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....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......f Bangladesh represented by its Secretary, Bangladesh Secretariat and others.........Respondents Judgment November 18, 2002. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Mahmudul Is...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 36
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....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...... Md. Abdul Halim and another.............Respondents Judgment March 18, 2007. Lawyers Involved: Farooq Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N.I. Bhuiy......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. ......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. ..Category: Property Law | Date: | Hits: 31
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....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....... Cases Referred To- Mahbubur Rahman vs. Mujibur Rahman, 1984 BLD (AD) 175 = 37 DLR (AD) 145; Safder Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Khondker Mahbub Hossain, Advocate-on-Record—For the Appellant (In Criminal Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instruc...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....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 ......, Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to cease, was premature and incompetent. A notice und......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. ......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. ..Category: Banking Law | Date: | Hits: 139
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
.....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......eme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Ahsanuddin Chowdhury J Debesh Chandra Bhattacharya J Fazle Munim J Mariam and ors……………..Appellants Vs. Bangladesh……......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. ......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. ..Category: Civil Law | Date: | Hits: 89
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....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............ ..................Petitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but ......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. ......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. ..Category: Criminal Law | Date: | Hits: 138
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