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IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
.... Joint District Judge committed serious error of law in granting temporary injunction until disposal of such suit. 12. Mr. Ahsanul Karim, learned Advocate on behalf of the plaintiffs, on the other hand, submitted that as the plaintiffs were mere guarantors and under the Bank Company Act a bank wa......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154...Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....old Mines, Ex parte Smith (1888) Vol. XXXIX, Ch 546; In re Sly Spink & Co, (1911) 2 Ch. 430. 14. Mr. Shamim Khaled Ahmed learned Advocate on behalf of said respondent Nos.4 to 7, on the other hand, submitted that when the petitioner failed to attend three consecutive meetings of the board, r......f the board on 19‑7‑99 to confirm the minutes of the last board meeting and consider future plan of business of the company. 20. In the minutes of the meeting, it was recorded that the meeting noted under article 53 of the articles of association of the company the presence of two directors w..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
.... Mr. Hossain, the Miscellaneous case filed under Order IX, rule 9 was therefore not maintainable. 10. Mrs. Joya Bhattacharjee, the learned Advocate appearing for the opposite parties, on the other hand, submits that there was alternate remedies available for restoration of a suit or proceeding un...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
....itled for rendering their present service as the Chief Election Commissioner and Election Commissioners, as the case may be.
Arguments on behalf of the respondent Nos. 1 and 2:
11. On the other hand, Mr. Fida M Kamal, the learned Additional Attorney-General, submits, firstly, that the petition......led to receive the pension benefits accrued to them earlier or should be kept in abeyance under sub‑section 2 of section 20 of the Ordinance No. XX of 1982.
16. In this connection, it should be noted that all powers in the Republic belong to the people and Article 11 of the Constitution guaran..
Category: Employment/Service Law | Date: | Hits: 99
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
.... a person does not commit an offence by keeping a dagger in his possession without any licence. 8. Mr. Md. Iqbal Kabir, the learned Assistant Attorney-General appearing for the State, on the other hand, opposes the appeal and submits that one of the weapons recovered from the possession of the ac......appeal is dismissed. The stay order granted earlier by this Court is hereby vacated. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 57 DLR (2005) 104. ..Category: Criminal Law | Date: | Hits: 78
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
.... Dhur Biswas Vs. Jagat Kishore Acharjya, 36 Indian Cases 420; 29 DLR (SC) 137, AIR 1935 Calcutta 689; Jagannath and others Vs. Sreenath and others, (1922) 59 CLJ 167. Lawyers Involved: Parimal Chandra Guha—For the Petitioners. Subash Chandra Saha—For Opposite Party No.1. Civil Revisi......f limitation. 34. In the facts and circumstances of the case, the plaintiffs cannot be allowed to collaterally circumvent the obstacle of limitation in order to maintain the suit. It may again, be noted that Nishikanta, father of the plaintiffs or Jhoharmoni, predecessor-in-interest of defendant ..Category: Property Law | Date: | Hits: 64
.... for deposit of further bank guarantee in respect of a portion of the penalty was not only harassing but also mala fide.
15. Mr. Fida M Kamal, the learned Additional Attorney-General, on the other hand, first took us through sections 194, 196 and 196A to 196D and submitted that the impugned order...... to why legal action would nor be taken under the Order for causing possible loss in revenue for reasons of difference in price and false certification.
6. The petitioner replied to the show cause note explaining the circumstances for such certification of the price by a letter dated 9‑6‑2000..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)
....and evidently fell in error in coming to his ultimate decision, occasioning failure of justice. 7. Mr. SM Aminul Islam, the learned Assistant Attorney General appearing for the State, on the other hand, submits that in the facts and circumstances of the case and the evidence on record, the learne......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..Category: Criminal Law | Date: | Hits: 94
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....rts below committed error in decreeing the suit and in dismissing the appeal. 6. Mr. AKM Ashiful Huq, the learned Advocate appearing on behalf of the plaintiff opposite party No. 1, on the other hand, submitted that Padma Oil Co. Ltd. being a subsidiary Company of Bangladesh Petroleum Corporati...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Mehedi Hasan Vs. State, 2011, 40 CLC (HCD)
.... Act, 1991, which requires that the shares of a director of a debtor company cannot be transferred without obtaining prior permission of the lender bank. There is no such case before us. On the other hand, section 38 of the Companies Act, 1994, permits transfer of shares by the share-holders of a co...... or the petitioner is simply absurd, misconceived and baseless. 17. As to the question of earning profit of Tk. 316.54 lac in 10 days by transferring 100% shares in the lessee company, it is to be noted that as defined in section 2, sub section (7) of the Sale of goods Act, 1930 share comes with ..Category: Administrative Law | Date: | Hits: 173
Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)
....s. Govt. of Bangladesh, 28 DLR 123; Sk. Abdul Qasem Vs. Mayez Uddin Mondal, 45 DLR 169; Serajuddin Ahmed and others Vs. AKM Saiful Alam and another, 56 DLR (AD) 41; Eklas Khan and others Vs. Prajesh Chandra Das and others, 7 BLD (AD) 142; Kessarbai Vs. Jethabai, AIR 1928 (PC) 277; Tarak Chandra Majh......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332...Category: Procedural Law | Date: | Hits: 107
Md. Ismail Hossain Vs. Al-haj Syedur Rahman Molla and another, 2009, 38 CLC (HCD)
....aw occasioning failure of justice which are liable to be set aside. 7. Mr. Abdul Quaim, the learned advocate appearing with Mr. Sarder Abul Hossain, Advocate for the opposite parties, on the other hand, submits that though the petitioner is no doubt a defaulter yet he frankly concedes that both t......irection made above. Communicate a copy of this judgment to the House Rent Controller, Narayanganj at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 327, 15 BLC (HCD) (2010) 342...Category: Property Law | Date: | Hits: 105
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... by the Rules of 1979 and his service will be regularized with effect from the date of this contractual appointment subject to his satisfactory performance during the period of contract. On the other hand, the terms and conditions of the contractual employee's service will be governed as per the s...... contingency can an ad hoc appointment be made in a permanent vacancy, but the same should soon be followed by a regular recruitment and that appointments to non-available posts should not be taken note of for regularization. The cases directing regularization have mainly proceeded on the basis th..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....hmood, 60 DLR (AD) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 BLC (AD) 116; Manindra Nath Vs. Rajendra AIR 1992 (SC) 1815; 7 BCR (AD) 179; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103; Gokul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur......counter affidavit has been sworn on 20-8-2008. 46. The above statement in absolutely false, baseless and misleading. 47. On the scrutiny we find that prior to issuance of Rule, some orders were noted on the other side of the 1st and 2nd pages of the application for quashing. 48. Lower Court..Category: Criminal Law | Date: | Hits: 126
....chari Union has already obtained the necessary amendment on 31.10.1988.
It has also been pointed out earlier that the opposite party No.2, the Karnafully Paper Mills Workers Union, has already handed over charge to the petitioner on 15.11.1988 prior to issuance of the Rule on 23.11.1988 by th......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....er cuttings showing staging of demonstration, procession and holding of meetings by thousands of males and females. The letters and paper cuttings are Annexure-F series. The respondents, on the other hand, annexed some paper cuttings in the affidavits-in-opposition of the Writ Petition No.1576 of 19......d, are being acquired without complying with the requirements of law. The experimental project impact area includes two mosques, namely, “the Attia Mosque” the picture of which appears on Taka 10-note and ‘Khadem Hamdani Mosque” which are in the list of archaeological resources and are prote..Category: Environmental Law | Date: | Hits: 1051
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....d the respondent No.3 as Nikah Registrar on temporary basis under provisions of section 4 of the Muslim Marriage and Divorces (Registration) Act, 1974 and by the said Memo the petitioner was asked to hand over the seals and papers relating to the Nikah Registration of Zindapur Union to the District ......acted outside the statutory provision of law in curtailing the Jindapur Union from the previous territorial jurisdiction of the petitioner and granting temporary licence to the respondent No.3. It is noted here that if the petitioner had been appointed as a permanent Nikah Registrar, his appointment..Category: Civil Law | Date: | Hits: 90
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....hashua. P.W.8 Naijan, wife of P.W.7 Bissad saw the occurrence. She came out from the kitchen after hearing the sound of inflicting the blow and instantaneously victim fell down. On hearing her cries Chandra, P.W.6 Sakhina, P.W.8 Nabijan came and she told them about the occurrence. In cross-examinati......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
Shahed Reza Shamim Vs. State, 1996, 25 CLC (HCD)
....e accused persons attacked them and then picked up Masudur Rahman (Babu) on a motor cycle and took him to Kalu Shah Road where they conjointly cut the tendons of both his legs, gave dao blow upon his hand and thereby accused caused grievous injuries upon his person. It appears that subsequently on 9......n the result the Rule is made absolute and the petitioner is enlarged on bail to the satisfaction of the Deputy Commissioner, Barisal. Ed. This case is also Reported in: 49 DLR (HD) (1997) 116. ..Category: Criminal Law | Date: | Hits: 74
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....oner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
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