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Displaying 1881-1900 of 3456 results.

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....iteral interpretation is given to the newly added words of the statute then that will lead to manifest injustice and would be inconsistent with the object of the legislation. We have no hesitation in holding that in an appropriate case where the reasons for non filing of the documents at the time of...... 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plain..

Category: Civil Law | Date: | Hits: 90

A Jabber Howlader Vs. Ali Akbar Howlader and State, 1999, 28 CLC (HCD)

....s no reasonings as to why the learned Magistrate dismissed the petition for non appearance of the complainant. It is not clear as to whether the learned Magistrate dismissed the petition of complaint holding that the claim of the complainant or that he is taking adjournment in order to harass the ac......end down the LC Records along with a copy of this judgment to the District Magistrate, Jhalakati, for disposal of this case as per law. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 329...

Category: Criminal Law | Date: | Hits: 63

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

.... steps in that regard. 11. From a perusal of the Affidavit-in-opposition it appears that the customs officials dealing with the matter acted at least in a negligent way. The officers concerned are holding very responsible and higher posts in the Revenue Department of the Government and they are s...... Bangladesh under fictitious non-existent LCs. It is further asserted that the 40 ft. container arrived at Chittagong port on 1-10-97 and 20 ft container arrived at Chittagong on 5-11-97 without the cover of any LC and effort was made to hoodwink the customs officials by making false statement in th..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....anding in the name of the plaintiff School. 8. The defendant under the provision of Order 26, rule 9 read with section 151 of the Code of Civil Procedure filed an application before the Court for holding Local Investigation on the following points- “Points for local Investigation” 1. T......es a safeguard to meet the ends of justice in a given case brought to the notice of the High Court Division. The High Court Division is clothed with supplementary power of superintendence and control over the judgment, order, action of the Courts subordinate to the High Court Division. The High Cour..

Category: Property Law | Date: | Hits: 68

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....e, Chittagong by his judgment and order dated 2-11-98 and the defendants were restrained by an order of temporary injunction from preparing the voters list, publishing election schedule, receiving or holding the election of the Board of Directors of the Chamber of Commerce which was due to be held o......einafter referred to as ‘Chamber of Commerce’ was incorporated as a company under section 26 of the erstwhile Companies Act, 1913 on being granted licence by the Ministry of Commerce of the then Government of Pakistan under section 3 of the Trade Organisation Ordinance, 1961. 5. The Chamber o..

Category: Company Law | Date: | Hits: 198

Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)

.... plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dhaka for eviction of the tenant opposite party No. 1 from the shop room No. 2 in the ground floor of holding No. 20 Islampur Road within PS Kotwali, Dhaka on the ground of default in payment of monthly......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...

Category: Property Law | Date: | Hits: 57

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

....mation given by one Shafiqul Islam that of Bedana Begum, wife of accused Abul Kalam Mollah, committed suicide at 05-00 PM on 18-4-90 and accordingly, the informant of the present case was deputed for holding inquiry wherein the present informant visited the place of occurrence, prepared inquest repo......arned Sessions Judge, Faridpur, who in consideration of materials available on record as well as facts and circumstances of the case framed charge under sections 302/201 of the Penal Code and read it over to the accused person in open Court to which he pleaded not guilty and demanded trial. 4. Th..

Category: Criminal Law | Date: | Hits: 32

Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....aid contention the learned Advocate for the petitioner. 13. Petitioner being an important member of the Dhaka Stock Exchange Ltd. and its Chairman for 3 terms and an important dealer of shares and holding many important positions as mentioned in paragraph I of the Writ Petition and having not ini......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...

Category: Banking Law | Date: | Hits: 196

Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)

....o placed before me the Service Regulation of the Teachers of Non-Government Colleges under the National University. Section 16 of the Regulation provides for constitution of an Enquiry Committee for holding enquiry into professional misconduct by the teachers, sub-section B of which provides that a......irpur, Barisal against the petitioner and others being, Title suit No. 52 of 1997, for declaration that the order of temporary suspension of the plaintiff dated 4-10-96 issued by the Chairman of the Governing Body of Alhaj BN Khan (Degree) College, Uzirpur and the orders communicated to him by Memo ..

Category: Procedural Law | Date: | Hits: 83

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....tional Commissioner, the respondents filed VP Case No. 173 of 1987 (Khulna) before the Land Appeal Board. The Member-2 Land Appeal Board, by his judgment dated 25-4-89 (Annexure-E) allowed the appeal holding that the lands in question were recorded as canal and river and used by the people in genera......ficate Officer, The certificate is annexed to the petition and marked as Annexure-A. The certificate officer issued the certificate of delivery of possession and the possession of the land was handed over to the petitioner on 10-1-65. A copy of the certificate of delivery of possession is annexed to..

Category: Property Law | Date: | Hits: 107

Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)

....ural Tenancy Act, reveals that in the trial Court the pre-emptees raised a plea of disability of the pre‑emptor to pre‑empt the case land on the ground of his having lost his co-sharership in the holding by separation of his jama through a mutation proceeding. In support of such separation the p......ed, which was quite meaningful. The learned Judge who closely scrutinised those registers and receipt books expressed with a profound belief that he found them to be genuine documents. There was thus overwhelming evidence on record showing a mutation case being No 13454/1992‑1993 to have been lega..

Category: Property Law | Date: | Hits: 53

Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)

....nts were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of ad­-interim injunction, are restrained from holding any discussion on agenda No. 6 to the notice of the Annual General Meeting No. BHMMA K(23)/2......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...

Category: Civil Law | Date: | Hits: 74

Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)

....onged to him. When they went out, she could not say. Abdur Rouf was not angry with Firoja. Getting Firoja, he became happy, both of them were happy. At midnight Firoja called out saying that Rouf was holding the 'Dao' over his neck to commit suicide. She called Chowkidar who then pacified Rouf. Afte......r and stayed there for some time, smoking and drinking water and after some time, Abdur Rouf and Firoja Begum together went away. Following morning she received a news that dead body of Firoja Begum covered with a 'Katha' and Abdur Rouf lying injured at the south bank of Malia Bharani canal. Then, t..

Category: Criminal Law | Date: | Hits: 44

Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)

....oner did not purchase any land appertaining to plot No. 40 of Khatian No. 960 is erroneous as the trial Court failed to construe the title deed Exhibit ‘Ka’ along with the Town Survey Map and the holding number as mentioned in Exhibit ‘Ka’ which clearly shows that the defendant petitioner in......d 40 and the land appertaining to plot No. 41 is used as pathway which lies to the east of the aforesaid building. The area of .1079 acres of land appertaining to lot No. 39 has been acquired by the Government in LA Case No. 3/1964-65 before the purchase made by the parties, that is, the plaintiff a..

Category: Administrative Law | Date: | Hits: 210

Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)

....cordance with law. 4. Being aggrieved the Bank moved this Court and obtained the Rules. 5. On behalf of the Rupali Bank Ltd. the learned Advocate submitted that the Labour Court erred in law in holding that petitioners have become permanent workers of the Bank rendering continuous services to ...... be absorbed in permanent posts, on preferential basis, as and when such posts are available or created. There will be no order for costs. Ed. This Case is also Reported in: 54 DLR (2002) 602...

Category: Labour and Industrial Law | Date: | Hits: 134

Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)

....xpressed his intention not to examine any further witness on his behalf but the learned Advocate of the petitioner referring to Paragraph 8 of his application submits, inter alia, that the petitioner holding an important position in a Jute Mills appeared in the Court on 15‑10‑2000 and the Court ......t High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another………………..

Category: Property Law | Date: | Hits: 59

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....passed by the High Court Division in Writ Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to...... a sale deed on 19th November, 1982 executed and registered through Court. Thereupon she approached the Ministry of Works for mutation of her name but the Ministry directed her to establish her title over the property. Pursuant thereto the appellant instituted Title Suit No.408 of 1982 in the 4th Co..

Category: Property Law | Date: | Hits: 65

Commissioner of Customs and others Vs. M/S. R.R. International and others, 2009, 38 CLC (AD)

....ted consignments on the basis of tariff value, on the aver­ments which are more or less similar. 5. The High Court Division, after hear­ing, by common judgment and order, made the Rules absolute holding that SRO No. 244 dated 31.12.96 was issued under the provision of section 25A of the Customs...... of paper book is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the above. Ed. This Case is also Reported in: VII ADC (2010) 1001...

Category: Fiscal/Taxation Law | Date: | Hits: 93

M/s. Bangladesh Catfish Limited and others Vs. Sunny Fish Agency and Trading and others, 2010, 39 CLC (AD)

....ed 16th November, 2005 decreed Tk. 2,47,50,109.60 against the defendant No. 2, Tk. 4,62,74,473 against the defendant No.3 and Tk. 1,6,27,884.96 against the defendant No. 4 totaling Tk. 8,60,52,496.56 holding that the defendant Nos. 1,2,3 and 4 are jointly liable to pay the said amount to the plainti......ated 16th November, 2005 of the learned Joint District Judge, 1st Court, Khulna in Money Suit No.16 of 2004. 2. Respondent No.1 Sunny Fish Agency and Trading (plaintiff) instituted the suit for recovery of Tk. 6,18,57,952 with interest pendente lite against the petition­ers (defendants) and the ..

Category: Civil Law | Date: | Hits: 96

Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....any. The purported amendment of Article 34 reducing the quorum for the general meeting to two members prejudices the position of the petitioner as a member as he is thereby no longer required for the holding of general meeting of the company as respondent Nos. 2 and 3 can hold such meeting without t......lations of the Act of 1913 nor there is any such restriction in the Company’s Article of Association. Therefore, the 54 of the First Schedule Regulations will automatically be read in this case Moreover, proviso (a) of section 351 of the Companies Act, 1994 says that nothing in Schedule I shall ap..

Category: Company Law | Date: | Hits: 247