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Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....t No.4 was not an original share‑holder of the Company. Subsequently he became a share‑holder of the Company, but he is not a director of the Company. The authorised capital of the Company at the relevant time was Tk. 20,00,000'00 divided into 2,00,000 shares of Tk. 10.00 each. The Company has a......d question of facts which require to be resolved on evidence, the present proceeding is not maintainable inasmuch as such disputed questions of facts cannot be adjudicated in such a summary manner on papers only. It is true that there are certain disputed questions of facts in this case which I will...... This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......he petitioners. Subsequently the petitioners on 15.2.90 wrote a letter to respondent No.2 drawing his attention to such illegal activities and warned him against fraudulent manufacturing of accounts, documents and minutes of the meeting of the Company. A copy of the aforesaid letter was also sent to..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

....enged on the grounds of detention, it is necessary to refer to the grounds of detention which are at Annexure‑B to the supplementary affidavit filed by the petitioner and the English version of the relevant portion thereof is as follows: "After declaration of his decision to resign by Ershad...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

.... On 11-4-94 the Establishment Division being respondent No.1 vide Memo dated 11-4-94 addressed to the Ministry of Commerce confirmed that the latter Ministry could take necessary step to announce the relevant officers surplus and make arrangement for them to be absorbed in other cadres and this Memo......ere vacancies and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been ann......sh Vs. Saifuddin Ahmed, 50 DLR (AD) 27; 3 BLC (AD) 6. Lawyers Involved: M Amir-ul Islam, Advocate - For the Petitioner AM Aminuddin, Assistant Attorney-General - For the Respondent Nos. 1, 5 and 6. Mahmudul Islam, Advocate - For the added-Respondent Nos. 7-10. Abdur Rab Chowdhury, Adv......es and since the post of the petitioner was abolished and he was declared surplus, the respondent No.1 directed the National Board of Revenue to absorb him according to Rules. But from the papers and documents which we have already referred earlier in this judgment and which have been annexed in the..

Category: Employment/Service Law | Date: | Hits: 216

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ...... the instant case, according to the complainant, there was a express contract be­tween the accused and the complainant that after receipt of Tk.20 lacs the accused would arrange and supply necessary papers like N.O.Cs., Visas, work permits etc. for 20/22 persons and subsequently the accused said th......tioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment May 14, 1986. Result: The Rule is discharged. Cases Referred to- Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and another, 36 DLR (AD) 14; Bhuban Mohan Das Vs. Surendra Mohan Da......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....n Title Suit No.99/65 rejecting an application under sec­tion 151 of the Code of Civil Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The facts relevant for the purposes of disposal of the rule are that the opposite party No.2 as plaintiff inst......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....d 23.08.1984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit pro­perty at the instance of the defendant No.11. 2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petition......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......his Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....arbitrate the matter in accordance with law. Thereafter, the sole Arbitrator entered into the reference and issued notices upon the parties to file their respective claims and objec­tions along with relevant papers by 6-4-2003. Both the parties appeared before the sole Arbitrator and filed their re......00 in advance for which the purchaser respondent, on var­ious occasions requested the seller appellants, through her agent, to hand over the possession of the entire property along with all original papers. But the seller appellants did not comply with the same. Thus the purchaser respondent, on th......eported in: 63 DLR (HCD) (2011) 432. ......cumstances, it is alleged by the respondent, that the seller-appellants, in violation of the terms of the said agreement did not handover the possession of the entire property along with all original documents upon executing the sale deed even upon receiving Taka 37,50,000 in advance for which the p..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....this court may start a proceeding of contempt in respect of a contempt of the Commission of Enquiry (Chittagong University Enquiry Commission) appointed under the Commission of Enquiry Act, 1956. The relevant portion of the said book reads as under (at page‑85‑87): "3. CIVIL PROCEEDINGS (1......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. ......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....ation of mind and might have been influenced by the biased report submitted by the executive authority. The learned Counsel further submits that the grounds being all vague, indefinite, unspecific, irrelevant and inadequate no effective representation could be made on such grounds. The grounds are a...... to join the said conference in USA on 243.92 he was arrested from the lounge of Zia Inter­national Airport and was taken to the Cantonment Police Station and then his passport, a1r ticket and other papers and valuables were seized. Following day he was moved to Dhaka Central Jail without any warra......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, Advocates­For the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....to the extent rule of procedure can do it to see that he act judicially. It enables the High Court to judge whether the 1st appellate court had independently considered the case with consciousness of relevant points which arose for adjudication. It is also afford the parties opportunity of knowing t......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A......that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑district the whole or some portion of the property to Which such documents relates is situated. In the instant case it has already been mentioned above that two deci..

Category: Property Law | Date: | Hits: 122

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....yed as Cashier, Head Cashier Grade‑1, Senior Clerk, Messengers in the Pubali Bank. They further stated that they were members of the Pubali Bank Karmachari Sangsad, a registered trade union, at the relevant time. In view of the said admissions the plaintiffs clearly come within the definition of "......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......) (1996) 102. ...... to 336 of Chapter XXIII and substituting sections 265A to 265L in chapter XXIII of the Code. New section 265C runs as follows: “265C. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submission of the accused and the prosecution i..

Category: Procedural Law | Date: | Hits: 140

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ome within the purview of professional misconduct or other misconduct. In this case the complainant examined six witnesses and the opposite‑parties examined three witnesses. Parties also filed some papers and documents which have been marked as exhibits. Amongst all the exhibits the Ext.2 the reso......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Mozammel Hoque J Md. Tafazzul Islam J SA Alim ..................................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 199......the purview of professional misconduct or other misconduct. In this case the complainant examined six witnesses and the opposite‑parties examined three witnesses. Parties also filed some papers and documents which have been marked as exhibits. Amongst all the exhibits the Ext.2 the resolution book..

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......sions Judge on 16.8.95 in the said Sessions Case No.256 of 1995 taking cognizance of the case against the petitioner Hussain Mohammed Ershad and four others refusing to supply copies of some material papers including statements of some of the accused made under section 164 of the Code of Criminal Pr......dent Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑Rashid and Khurshida Bi......ence lawyers under section 352 of the Code of Criminal Procedure and (3) the learned Advocate submits that before framing the charge the accused must be supplied with the copies of all the papers and documents, particularly the confessional statements taken under section 164 of the Code of Criminal ..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

.... registered and that not having been done in this case respondent 1 passed the impugned order upon misconception of law. 4. The contentions of Mr. Md. Abu Bakr Siddique requires examination of the relevant provisions of law in this regard. A reference to section 95A of the State Acquisition and T......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......n) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment May 21, 1995. Result: The application is rej......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94...

Category: Property Law | Date: | Hits: 95

Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)

....ul Haque J.- This Rule at the instance at the accused Petitioners of CR Case No. 28/85 pending in the Court of Upazila Magistrate, Chakoria, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code of Criminal Procedure was started on the bas......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......Haque J Anwar Hossain & others..................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..

Category: Procedural Law | Date: | Hits: 109

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....pondent No.2, Chairman, Third Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts neces­sary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mil......e till 11.06.1985 and also ordered for payment of Taka 100/- as adjournment cost. On 11.06.1985 the learned Advocate for the petitioner could not prepare the written state­ment for want of necessary papers and prayed for further time to file a written statement, but as the learned Advocate for resp......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ...... stated, was ready with the adjournment cost, but the same was not accepted by the learned Advo­cate for the respondent No.2. Thereafter the Court examined respondent No.2 and took into evidence the documents filed by the said res­pondent and heard the arguments of the learn­ed Advocate for the r..

Category: Procedural Law | Date: | Hits: 180

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

.... 8. Before I revert back to the Bangladesh Biman, Corporation Ordinance, 1977 the Government Servants (Retirement) Act, 1974, the Constitution, and the decision cited at the Bar I want to examine the relevant provision of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979. At the......n passed without any lawful authority and is 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: 48 DLR (HCD) (1996) 132....... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Dalia Parveen.................petitioner Vs. Bangladesh Biman Corporation and another...……………….Respondents Judgment July 19 & 20, 1995. Result: ......n passed without any lawful authority and is 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: 48 DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

....of the respondent No.3 appearing from the submission made by the learned Advocate for the respondent No.3 is that the order of dismissal was perfectly made according to law and in conformity with the relevant provisions of law and the Regulations, 1979. 5. Mr. Khondker Mahbubuddin Ahmed, the le...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......reme Court High Court Division (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Sheikh Roushan Ali...........Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others..........Respondent Judgment August 29, 1995. ...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

.... of 1990 is not tenable in law in that disposal if so made as per provisions of the Regulations of 1990 that would amount to giving them advantage and privilege to which they were not entitled at the relevant time, that is, in the year 1969, in view of the provisions of the service Regulations of th......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121....... This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191