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

..... 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. ......ower and jurisdiction of the Court in Bangladesh cannot be ousted even if the place of arbitration is outside Bangladesh. Regarding the position of the respondents No.3 and 4 lie submits that being a Director of the respondent company or sister con­cern thereof they have relations with the transact......……………………..(35) Interpretation of Statute Modern method adopted by the Courts is literal construction of statutes conditioned by what is called the golden rule of construction. Generally all statutes are to be construed according to the plain, literal and grammatical meaning o..

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

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

.... 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. ......ecludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general meetings may, by ordina......ibers 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 Directors. It further appears t..

Category: Company Law | Date: | Hits: 129

Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ...... word should be given wide construction……………………………….(8) Lawyers Involved: Khondker Mahbub Hossain, Advocate ‑ For the Petitioner Syed Abu Kowser, Assistant Attorney General ‑ For the State Criminal Miscellaneous Case No. 2779 of 1997. Judgment Mohammad G..

Category: Criminal Law | Date: | Hits: 99

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

....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. ......ime as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Kaisar Ahmed, Deputy Attorney‑General ‑ For the Respondents. Writ Petition No.2514 of 1995. Judgment KM Hasan J.- This ..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......ted about the rotten garlic. He fur­ther denied the suggestion that no final notice was served upon the defendant or any legal notice served upon the defendant. 9. Noor Ahamed Chowdhury, Managing Director of the Company was examined as D.W.1 in favour of the defendant. He stated in his examinati....... Agrani Bank, 1994 BLD (AD) 196 = 46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, ..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......cutive Magistrate.……………………..(18) Interpretation of Statute Modern method adopted by the Courts is literal construction conditioned by what is called golden rule of construction. Generally all statutes are to be constructed according to the plain, literal and grammatical meaning..

Category: Criminal Law | Date: | Hits: 81

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. ...... 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. ......er, Advocate - For the appellant in Criminal Appeal No.2224 of 2002. Mohammad Ali, Advocate - For the appellant in Criminal Appeal No.2210 of 2002. Md. Abdul Jabbar Bhuiyan, Assistant Attorney-General - For the State Respondent in all the Criminal Appeals. Criminal Appeal No.2224 of 2002...

Category: Criminal Law | Date: | Hits: 78

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

....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. ......an Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney-General - For the State. Anisul Huq, Advocat..

Category: Criminal Law | Date: | Hits: 89

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. ...... 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. ......t, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants.  Mrs. Umme Kulsum Begum, Deputy Attorney General with AHM Obaidul Kabir Assistant Attorney General and S. M. Shajahan Kabir, Assistant Attorn..

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. ......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. ......n the pronouncement of the Appellate Division………………………(7) Lawyers Involved: M Monsur Ali, Advocates ‑ For Appellant Opposite Party. Mushfiqur Rahman, Assistant Attorney‑General ‑ For the State. Criminal Revision No.572 (suo‑motu) of 1996. Judgment Kazi Eba..

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. ......resistible conclusion 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. Ism......irector of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Kulsum Begum, Deputy Attorney-General with SM Shahjahan Kabir, Assistant Attorney-General — For the State. Criminal Appeal No..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......ory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petitioner. Kazi Waliul Islam, Deputy Attorney General with Md. Rezaul Islam, Assistant Attorney General — For the Respondents. Writ Petition ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

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

....a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......esur Rahman Vs. Bangladesh, 26 DLR (SC) 44. Lawyers Involved: Dr. Kamal Hossain with HS Deb Brahman and Tanjib-ul-Alam, Advocates‑ For the Petitioners. AJ Mohammad Ali, Additional Attorney-General with Naima Haider, Deputy Attorney-General and MA Azim Khair, Deputy Attorney-General and Md..

Category: Others | Date: | Hits: 113

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

....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. ......ing co. Vs. Irving, 1905 AC 369 PC; M/s. Hossein Kasam Dada (India) Ltd. Vs. State of Madhya Pradesh, AIR 1953 SC 221; Garikapati Vs. N Subbiah Choudhury, AIR 1957 SC 540; State of Bombay Vs. Supreme General Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21..

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

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......lied upon without calling the concerned Magistrate as witness........................(10) Lawyers Involved: Md. Harun-Or-Rashid, Advocate - For the appellants. Golam Kibria, Deputy Attorney-General with Md. Atiqul Karim, Assistant Attorney-General -For the respondent. Criminal Appeal No..

Category: Criminal Law | Date: | Hits: 86

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......ne 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post with AD, it can be legally presumed that the notice has been served properly as per article 17 of General Clauses Act……………………….(20) The Code of Criminal Procedure, 1898 (Act No...

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... Rafique-ul Huq, a learned Advocate of this Court. 7. Applicant No.1 is a limited company having an industrial undertaking for refining of vegetable oil and applicant Nos. 2 and 3 are its Managing Director and Director respectively. 8. Applicants Mr. Shahabuddin Ahmed and Ms. Yeasmin Alam purc...... Lawyers Involved: Rafique-ul Huq, Abdul Basel Majumder, Mahmudul Islam, Rokanuddin Mahmud - For the applicants.  Manzill Murshed - For the petitioners.  Mahbubey Alam, Attorney General with Razik Al-Jalil, Deputy Attorney General - For the respondents.  Writ Petition N..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......rred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md. Jahangir Alam and Ms. Beadura Ansari, Assistant Attorney-General - For the Opposite..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......BLC (AD) 41; Sirajuddin Vs. State, AIR (38) 1951 Allahabad 834; Md. Abdul Ali Vs. State, 20 BLD 327 = 6 BLC; State Vs. Mofizuddin, 24 BLD 481. Lawyers Involved: MA Mannan Mohon, Deputy Attorney-General with Mahabub-ul-Alam, Assistant Attorney-General with Delowara Begum (Bela) Assistant Attorn..

Category: Criminal Law | Date: | Hits: 158