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Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
.... J Mizanur Rahman Khan (Md.) and another……………Petitioners Vs. Jinnatul Ferdous and others.………….Opposite Parties Judgment May 4, 1999. Result: The Rule is made absolute. Cases Referred to- Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ure. The learned Advocate further submits that in view of the fact that the action of the learned Advocate Commissioner dispossessing the petitioners from their suit property causing them irreparable loss and injury and the writ of delivery of possession was evidently an error of law committed by th..Category: Civil Law | Date: | Hits: 66
Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)
.... No.16(2)88 corresponding to Ghatail PS Case No. 4(3)88, convicting the accused-appellants and other co-accused under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for seven years and to pay a fine of Taka 2,000.00 each, in default to suffer rigorous impri...... is that on the night following 16-3-1988 informant Md. Abdul Malek Bhuiyan was sleeping with his wife and other members of his family in his west Bhiti hut and at about 12-30 AM his servant A. Baset called out to open the door, but this daughter Selina forbade him to do so whereupon he looked throu......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...Category: Criminal Law | Date: | Hits: 70
Tahmid Ahmed Vs. Jalaluddin Jafar Ali Husein, 1999, 18 CLC (HCD)
....hmed Khan, Advocates — For the Petitioner. Md. Khalequzzaman, Advocate — For the Objector. Matter No.150 of 1997. Judgment Md. Joynul Abedin J.- The petitioner by this application has sought to review the judgment and order dated 7-2-1999 whereby this Court declared the annual genera......aforesaid annual general meetings held on 29-9-98 could not be held to have been vitiated even if the balance-sheet, profit and loss account and the director’s report were not approved in a validly called board meeting due to non-service of notice of such board meeting on the objector as a directo......order under review in failing to appreciate that the proceedings of the aforesaid annual general meetings held on 29-9-98 could not be held to have been vitiated even if the balance-sheet, profit and loss account and the director’s report were not approved in a validly called board meeting due to ..Category: Company Law | Date: | Hits: 186
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
.... to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High Court Division in Writ Petition No. 3969 of 2009 making the Rule absolute. 3. The sole respondent as writ-petitioner filed the above mentioned writ petition before ...... Writ Petition No. 3969 of 2009). Order Md. Abdul Wahhab Miah J. - Delay of 265 days in filing the leave petition is condoned. 2. In this petition for leave to appeal, the petitioners have called in question the judgment and order dated the 18th and 19th November, 2009 passed by the High ......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
...., are as follows:
3. Respondent No.1 the writ-petitioner is a trade union and collective bargaining agent of Zia Fertilizer Company Limited (ZFCL), and is represented by its General Secretary by resolution of the Executive Committee of the Trade Union. He filed the instant writ petition challengi......all file the concise statement to make the appeal ready for expeditious hearing.
The appeal is fixed for hearing on 23rd August, 2011.
Ed.
This Case is also Reported in: VIII ADC (2011) 567.
....../- per metric ton and showing in the balance sheet sale price of Tk. 8,000/- per metric ton; that the balance sheet, therefore, does not reflect the true and correct picture of the profit and/or of loss of the company and section 185(2) of the Companies Act is being violated at the time of prepara..
Category: Company Law | Date: | Hits: 366
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....should not be quashed. 2. Petitioner Sree Bimal Chandra Adhikari was Godown/Store Keeper of BADC (Irrigation Berunia), Sub-unit in Police Station Bhaluka, District-Mymensingh and that while he was so posted he was said to have misappropriated gallons Diesel Oil and 11.4 gallons mobil oil valued T......al Revision No.622 of 1997. Judgment Md. Ruhul Amin J. - In this Rule obtained upon an application filed under section 561A of the Code of Criminal Procedure opposite party (The State) has been called upon to show cause as to why the proceedings of Special Case No.16 of 1994, arising out of Bh......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)
....and order dated 15-6-93 passed by the Magistrate of the 1st Class, Rajoir convicting the accused petitioners under section 447 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment (RI) for one month and further convicting the accused petitioners under section 379 of the P...... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......t. At about 9-00 AM on 21-11-92 the accused persons by forming an unlawful illegally trespassed into the case land and dishonestly cut and took away the ripe Gabura paddy from the case land causing a loss of Taka 5,500.00 to him. The accused persons also caused damage to his unripe Nyatpasha paddy c..Category: Criminal Law | Date: | Hits: 73
AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)
....XVI of 1957), hereinafter in brief the Act, asking the petitioner to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time. Pe...... Criminal Revision No.489 of 1990. Judgment Md. Ruhul Amin J.- In this Rule, issued upon an application under section 439 of the Code of Criminal Procedure, Deputy Commissioner, Dhaka has been called upon to show cause as to why the order dated 5-6-1990 passed in Anti-Corruption Tribunal Case...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...Category: Criminal Law | Date: | Hits: 62
....…Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondents
Judgment
November 4, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
42 DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD)...... 9 of 1982 and all actions taken under the said MLO having been protected by the Fourth Schedule of the Constitution enacted by the Constitution (7th Amendment) Act, 1986 the impugned order cannot be called in question by any court and as such, the writ petition is not maintainable; that the petitio......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
.... (1999) 244.......nd it was a probability and that after getting serious injury like head injury, etc. which may cause his death, if the injured person can move quarter mile or half a mile even, then this condition is called “volition.” 21. We have noticed that the autopsy report does not corroborate the secon......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...Category: Criminal Law | Date: | Hits: 74
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....………………Petitioner Vs. Secretary, Rural Electrification Board and anr……………………………Respondents Judgment December 17, 1991. Result: The Rule is made absolute. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. Md. Abdur Rash......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......y bar in the time‑scale of pay; (II) Major penalties include: d) reduction to a lower stage in a time‑scale of pay, or to a lower‑post; e) recovery of pay for the whole or part of any loss caused to the Board by negligence or any other misconduct of the employee; f) withholding of..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....ivision (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J State………………Petitioner Vs. Sree Ranjit Kumar Pramanik…………………Condemned Prisoner Judgment November 10, 1991. Result: The reference under section 364 of the Code of......arket. After shopping he sent his brother back with the purchased goods while he himself attended a meeting at Talkhari High School from its west side. At about 6‑30/7‑00 PM in the evening he was called away by the accused Ranjit Kumar. This was seen by several persons, After the meeting when th......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
.... any Court or authority, when in the next breath all interlocutory orders, appellate and revisional, are supposedly made amenable to the revisional jurisdiction of the High Court Division. There is also scope for further argument that revision is impliedly barred because the Adalat Act being a speci......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......o not find any provision therein which is contrary to the provision of Order IX rule 9 of the Code. Unless the order of disposal for default is allowed to be set aside the plaintiff bank would suffer loss and the borrower would be benefited. It is not the intention of the Ain to deprive a financial ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
.... by the learned Additional Sessions Judge, Rajshahi in Sessions Case No. 78 of 1990 convicting the accused appellant under sections 302/34 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 1,000 (Taka one thousand) in default to suffer rigorous i......dent took place when she was sleeping with her husband, the victim, and the children in the house. The accused persons entered into the house by breaking the door. The victim was in the ceiling. They called the victim Abu Bakar by his name. The accused persons entered into the room through another r......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....od Industries Corporation……......... Petitioner Vs. Md. Kashem and others………………………....Opposite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others......self was not maintainable in law, both the courts below committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit and, as such, interference is called for by this court. 11. Mr. Farid Ahmed, learned Deputy Attorney-General appearing for the ......he power to lease out the property is concerned the government cannot be said to have lost it. Moreover, it is not the appellant who is responsible for making the mistake…….Responsibility for any loss, if at all incurred in leasing out the suit property, must, in all fairness, be borne by and re..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila B......, 1980. Mr. Huq has referred to various sections of the Children Act, particularly, sections 2(f), 6, 8, 15, 48, 49, 50, 51, 53, 54, 66 and 71. Section 2(f) provides that a boy under the age of 16 is called a child. Section 6 speaks that no joint trial of the child and adult can be held. No child is......ating it as a special case, should take a very sympathetic view towards Nazrul Islam by providing him in any of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....r seeks leave from this Court against the judgment and order dated the 11th day of June, 2008 passed by the High Court Division in Writ Petition Nos.8679 of 2006 and 8885 of 2006 making the Rules absolute. 3. Both the writ petitions were filed by respondent No.1, Unilever Bangladesh Limited (he......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......he Customs Act, 1969, yet they opined that in the circumstances the alternative remedy available to the writ-petitioner was not efficacious, rather would cause damage to the local industry as well as loss of revenue as in the meantime different goods of the brand would be imported. The High Court ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....m Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Chandan Mull Indra Kumar and others Vs. Chiman Lal Girdhar Das Parekh and another, AIR 1940 (PC) 3; Ranee Surut Soondree Debea Vs. Baboo Prosonno Coomar Tagore, 13 MIA 607; Abul Quasem (Md.) Vs. Md. Lutfur Rahman, 43 DLR (AD) 17. Lawyers......he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ......ncome for a sum of Tk. 27,94,86,749/-. It performed its duty as per terms of the tender notice but the appellants did not pay it the bills as per prevailing rule and as a result it sustained huge loss and defaulted in the payment of the loans which it took for the said works. While the execution..Category: Civil Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....ed Divisional Special Judge found this convict‑appellant guilty of the charge under section 161 of the Penal Code read with section 5(2) of Act II of 1947 and sentenced the appellant to suffer imprisonment for 1 (one) year and to pay a fine of Tk. 3000.00, in default to suffer imprisonment for a f......very of the two currency notes from the possession of the appellant. 18. P.W.6 who was the Accountant of the office of the appellant deposed that on 8.3.89 this appellant at about 4‑30/5‑00 PM called him into his Chamber and when he was about to enter into the Chamber he found some other pers......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... Ors……………………Petitioners Vs. State……………………Opposite Party (Criminal Revision No.1702 of 1991). Judgment February 18, 1993. Result: The Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Ma......had elapsed. Out of these working days, 164 days had been consumed on account of adjournment taken on behalf of the prosecution for the purpose of producing the accused from hajat. 7. A report was called for from the learned Sessions Judge on the calculation of the working days. The report submit......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
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