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Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....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 stanÂdard, that the organisation has been conducting its bus...................Respondents Judgment May 8, 2008. The Constitution of the People’s Republic of Bangladesh, 1972, Article 35(1) Article 35(1) of the Constitution only prohibits conviction or sentence under an ex post facto law (a law having retrospective effect) but not the trial itself.......ich the question is raised can be proÂperly 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. ......ich the question is raised can be proÂperly 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. ..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. ......nion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in th......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)
....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..................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&helli...... 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. ...... 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. ..Category: Civil Law | Date: | Hits: 111
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....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......s Judgment December 2, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Suo moto rule In the absence of any proceeding pending in any subordinate Court or before the High Court Division, it cannot issue suo moto rule under section 561A ......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. ......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. ..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....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......F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahim, S.H. Chowdhury, A.K. Chowdhury, A.H. Chowdhury, K.H.Chowdhury, Md. Alamgir, Mohammad Nibras, M/s. Golbal Traders, H. Hussain, M/s. Kamal Imports & Exports Ltd, Meghan Dairy & Food Products Ltd, Md. Imran Ahmed, M/s. Mimu Enterprise...... 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. ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....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...... and others .........Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan......86 (Shree Sudhir Chandra Das Vs. Amena Khatun and others) in the Court of Senior Assistant Judge, Additional Court No.1, Sadar Rajshahi who is a very vital and material witness has not been incorporated in the paper book to the serious prejudice of the respondent and the paper book is ...... 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. ..Category: Property Law | Date: | Hits: 34
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....whom serÂvice can be made, the serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the house in which the defendant ordinarily resides or carries on business or personally works for gain, and shall then return the original to the Court from which it......5, 1990. Result: The appeal is allowed with costs. The Code of Civil Procedure, 1908 (V of 1908), Order V rule 17 The Civil Rules & Orders Vol. I rr. 69 & 84 (e) The service report not containing essential information about the grounds of refusal to accept the process and name.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....tter of intent is illegal, discriminatory and violative of the basic norms in any corporate dealing, particularly by the government agency and is an interference with respondent's freedom of trade or business and the said letter disclosing no reason is malafide, arbitrary and against the principle o......s Case is also Reported in: 59 DLR (AD) (2007) 185. ...... in the grounds portion of the writ petition, the respondent took a ground that the impugned letter withdrawing the letter of intent is illegal, discriminatory and violative of the basic norms in any corporate dealing, particularly by the government agency and is an interference with respondent's fr......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......neet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-par......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......tivities should be undertaken immediately with regard to the negative health effects of drinking arsenic contaminated water in order to introduce preventive measures in cooperation with local bodies, NGOs and others and all avenues for increasing the awareness in this matter should be utili..Category: Environmental Law | Date: | Hits: 255
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....directed, containing a notice to quit, is proved to have been put into the post office, it is presumed that the letter reached its destination at the proper time according to the regular course of business of the post office, and was received by the person to whom it was addressed and that presu...... Vs. Md. Kamaluddin, (1981) 1 BLD (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....rit petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an application t...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....of 1860), sections 406 & 420 The Code of Criminal Procedure, 1898 (V of 1898), section 561A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form t......61A. The alleged amount said to have fallen due to the complainant having accrued in course of a long business transaction, the whole allegation in the petition of complaint, even if true, cannot form the basis of any criminal proceeding, much less for cheating, for, the alleged liability incurre......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....apur, Dhaka. After the 25th March, 1971, Naser shifted from 43, Rankin Street to House No. 4/13 Humayun Road, Mohammadpur, Dhaka. On 16.11.1971 Naser started from the resiÂdence towards his place of business at Gulshan as usual, but did not come back to his residence even late at night or at any ti......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Parveen Banu @ Purnima & others.........………………….....Appellants Vs. Bangladesh House Building Finance Corporation, repreÂsented by its Chairman & others.....…Respondents Salma Islam.………â......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....he finding of the trial Court, that it was obtained from the Chittagong office of the firm of defendant No.2, as there is evidence on record that the partner in question used to look after the firm's business at Chittagong at the relevant time. 21. Hence on all points raised the appeal does not m......disÂmissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of ...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... Vs Mofizuddin and other………………….Respondents Judgment November, 2005 Lawyers Involved: Abdur Rouf, Deputy Attorney General instructed by, Ahsan Ullah Patwary, Advocate-on- Record- For the Petitioner ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......Tk.2, 64, 290/- in total breaking open the iron safes. In the morning the informant and others finding the grill of the window and iron safes broken, cash kept in the iron safes broken and the dead bodies of night guard, Abdul Mannan and treasurer Abul Kalam Azad lying in the delivery room could ..Category: Criminal Law | Date: | Hits: 40
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....on 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance of convenience a......hellip;…………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled an...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....as not maintainÂable. 15. The appeal is accordingly allowed and the matter is remitted to the High Court Division for disposal on merit. The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Mahmudul Alam Mantu .........…………………………………..........Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The ap....... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
.... No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong stating, inter-alia, that the plaintiff is an industriel establishment under the Companies Act and he is engaged in the business of importing crude palm online and refining it thereafter and is marketing the refined pro......Ltd..................Petitioner Vs Wilmer Trading (Pvt.) Ltd. & Ors...........Respondents Judgement July 10, 2006 Lawyers Involved: Mahamudul Islam, Senior Advocate, (Amin Uddin, Advocate with him) instructed by A.K. M. Shahidul Huq, Advocate-on-Record......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 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 bevÂerage products having established a mod...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd......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......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
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