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State Vs. MA Malik, 1995, 24 CLC (AD)
....d she came to live with the respondent at Dhaka. It was decided that the dispute would be finally settled after the return of the respondent from London where he was to go in connection with some business. He returned from London on 31.8.92 and in the meantime she had left for her father's hous......k……………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Advocate‑on‑Record-For the Petitioner. ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....hly in advance. Defendant No.6 failed to make payments on due dates and the charter hire amounting to US ST 9,406.25 had become due on 3.9.94. The petitioner also claimed US $ 600,000.00 as loss of business against the vessel's next employment. The petitioner relied upon the Time Charter Party C......) (1995) 31 ......the bills of lading and therefore condition No. 1 provided on the overleaf of the bills of lading containing that all terms, conditions, etc. of the Charter Party dated as overleaf, are herewith incorporated, has no application. If defendant No.6 has exercised its authority in excess of or in vi......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....ry, 1992 passed by a Division Bench of the High Court Division discharging the Rule in Writ Petition No. 1539 of 1991. 10. The appellant, a private limited company, is engaged, inter alia, in the business of undertaking housing projects. It is not disputed that respondent No. 2 Rajdhani Unnayan ......ahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondent......€‘H), 6.9.90 (Annexure‑HI) and 27.9.90 (Annexure‑1‑12) relating to acquisition of land in LA Case No. 4 of 1986‑87 and LA Case No. 2 of 1987‑88. The appellant is a Private Limited Company incorporated on 3.6.7‑5 for the purpose, inter alia, of acquiring land, constructing houses and buil......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... BSC, was liable to make payment of the back salaries and other monetary benefits for the period during which the plaintiff did not render any service to the corporation but was engaged in contract business and whether the plaintiff was liable to refund the termination benefits already drawn by ......on (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shipping Corporation ……………………….. Appellant [In...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....y-General. 6. In order to appreciate the point at issue in these appeals we may now turn to the facts of the case which are nearly common. The writ-petitioner-respondents are engaged in the business of publication, distribution and selling of books including ‘note-books’ for ......4; Express Newspaper Limited vs. Union of India, AIR 1958(SC) 578; Sakal Papers Ltd. and others vs. Union of India 1962 (SC) 305. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record — For the Appellant (In Civil Appeal Nos. 76 & 77 of 1993) AW Bhuiyan, Additi......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......;…………………... Respondents (In CA Nos. 60-65 of 1994) Judgment August 13, 1995. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, (B Hossain, Deputy Attorney-General with him), instructed by AW Mallick, Advocate-on......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... case, 1954(2) Lloyd’s Rep. 95(101), “... in cases of marine insurance it is highly desirable that our decisions be kept in harmony with those of England, “the great field of this business.” It is necessary to examine the marine policy in question (Ext.1) to underst......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sadharan Bima Corporation……………………………&h...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....the aforesaid suit on the averments, inter alia, that the suit premises originally belonged to one Mohsin Ali Pramanik and the defendant was a tenant under him in the said premises carrying on the business of utensils under the name ‘Lata Store’. On the death of Mohsin Ali Pk. the de......ip;…………………………..Defendant Respondent Judgment May 27, 1996. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....was payable in advance on or before the 10th day of each month and in default the defendant should bear interest at the rate of 50% per annum upon the rent; that the defendant has been running his business of confectionery, tea, milk, etc.; that plaintiff No.1 took rents from the defendant and h......) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....nder the deposit of rent incomplete and invalid making the tenant liable for eviction. 2. Material facts necessary for disposal of this appeal, briefly are, that the appellant has been running its business as a monthly tenant since 1965 in Room No. 10 of the suit-building under successive owners ...... DLR (AD) (1996) 90 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....hares and resigned from the directorship if an undated cheque for Taka 5,00,000.00 be given to them representing the value of their shares and claim on appellants profits in the business of the company and they promised to return the cheque for an equivalent cash amount ......Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors………………… Respondents Judgment Ma......fe of another younger brother of appellant No. 1. The appellants and the said respondents formed a Private Limited Company limited by shares, namely, Ahmed Impex (Pvt) Ltd., Chittagong which was incorporated under the Companies Act. The authorised capital was Taka 20 lakh divided into 20,000 sha...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&hellip......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......des, it is not incumbent upon the Ministry of Education to act according to such decision even if it is taken by them. The position in this connection was that the recommendation made by these two bodies could not be finalised as they did not receive the approval of the concerned agencies. At pr..Category: Constitutional Law | Date: | Hits: 174
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
.... “The Secretary shall be official head of the Ministry/ Division and subject to sub-rule (iv) he shall be responsible for its administration and discipline and for the proper conduct of business assigned to it.” 7. This matter has arisen out of a Government decision......……………………… Respondents Judgment September 9th, 1993. Lawyers Involved: Khandakar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Petitioners. ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ker J Moudud Ahmed…………………..Petitioner Vs. State……………………………………Respondent. Judgment November 2nd, 1995 Lawyers Involved: Rafiq-ul-Huq, Senior Advocate (Azizul Advocate with him) instructed by Md. Hossain, Advocate-on-Record— For the Peti......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......……………Respondent (In Civil Appeal No.74 of 1994) Judgment June 15, 1995. Result: All the appeals are dismissed. Cases Referred to- Ridge vs. Baldwin (1964) AC 40 (Law Reports 1964) & 16 DLR (SC) 722. Lawyers Involved: Aminul Huq, Attorney-General instructed ......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......in-opposition denied the allegations made by the respondents and tried to defend the order of expulsion narrating all the facts briefly that transpired in the meetings of the different administrative bodies of the College in pursuance of which the impugned order was passed (as noticed above). It was..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
.... operation of the licence it is purely a case, he submits, of construction of the licence to find out the manifest intention of the parties and to imply terms in accord with such intention to give business efficacy to the licence, a function which the Court can and ought to perform. The High Cou......egraph and Telephone Board and others……………………….Respondents Judgment June 5th, 1995. Case Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andh......y Memo dated 11.8.90 approved the joint venture company with 50% foreign ownership in the project. Accordingly the petitioner-company, namely, Hutchison Bangladesh Telecom Ltd. shortly HBTL, was incorporated on 8.10.90 under the Companies Act, 1913 with BTL and Hutchison Telecommunication (Bangl......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
.... the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which we are told was incorporated in the Virgin Islands), a subsidiary of HTL, agreeing thereby that for the business of cellular radio telephones a joint venture company in the name Hutchison Bangladesh Telec......ivil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992) Bangladesh Telecom (Pvt) Ltd. and an......ently on 5.4.90 a tripartite joint venture agreement was signed between Mr Sahjad Ali, the then Chairman of BTL, BTL itself and Hutchison Telecommunications (Bangladesh) Ltd. (which we are told was incorporated in the Virgin Islands), a subsidiary of HTL, agreeing thereby that for the business of ce......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....y since the liberation of Bangladesh. The High Court Division unnecessarily shifted the onus on the appellant to prove that it enquired about the whereabouts of Dr. Shamim which was not at all the business of the appellant. If Dr. Shamim was a Bangalee and was present in Bangladesh, he may not h......t Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&h......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....he plaintiff contended that he was Tax Collector and had his own income. The defendant No. 1 also contended that he was a Chairman of a Union Panchayet Committee and also had his own money lending business. Apart from that, his wife had ornaments which were converted into cash for purchasing the......Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred to- Hames and another vs. Hickson AIR 1946 PC 156: Kumbhan Lakshmana and ors. vs. Tangirala Venkateswarla 2 DLR (PC) 83; Durga Prasad and another vs. Ghanshiam Das and oth......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....Penal Code. Their Lordships also held that the expression 'official act' in section 161 of the Penal Code what is meant in the case of a public servant is an act done in relation to the affairs of business of the department in which the public servant is serving. In the instant case before me th......an………………Opposite Party. (in Revision No. 568 of 1967) Judgment June 10, 1970. Cases referred to- Woolmington vs. Director of Public Prosecution 1935 AC 462; Mancini vs. GPP Director of Public Prosecutions 1942 AC 1; Sa......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
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