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Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
..... Upon the application, it appears, by an order dated 28-9-05 the trial Court issued a notice asking the plaintiff to show cause within seven days as to why such injunction would not be granted and also granted an ad-interim injunction restraining the plaintiff from exhibiting cinema until hearing o......ich resulted in no failure of justice. In the result, the Rule is discharged with cost. The cost is assessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 5......was of the view that said petitioner had got no scope of achieving any relief in the suit. 7. It found that the plaintiff had got a prima facie and arguable case and the defendant had no chance of loss if the prayer for temporary injunction was refused. Upon such view, it allowed the appeal and s..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....udur Rahman and another……………………Petitioners Vs. Bangladesh Bank and others……………………….Respondents Judgment August 24, 2006. Result: The Rule is madeabsolute. Cases Referred To- IFIC Bank vs. Beximco Limited 57 DLR 154; Md. Mahbubul Alam vs. Ban......post of directors. At that stage even if their personal guarantees remained valid and even if they were liable to repay the said loan by signing the said personal guarantee documents they cannot be called loan defaulters within the meaning of section 5 Gaga of the Bank Companies Act, 1991 and, a......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....ue to misconstruction of a status quo order obtained by a shareholder Jalal Uddin Jaffar Ali Hussein in Title Suit No.188 of 1983. Jalal Uddin Jaffar Ali Hussein filed the said suit challenging the resolution dated 8-5-1983 passed by the Company in an Extraordinary General Meeting whereby he and his......udgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal Glass Works Ltd, a public limited company (hereinafter called ‘the Company’) to hold Annual General Meetings of the Company for the years 1982 to 1997 ......in general meetings for the said years were held on 29-9-1988.” 7. The Company thereafter held the meeting of its Board of Directors on 2nd July 1998 wherein the balance sheet and the profit and loss accounts of the Company for the aforesaid years were approved and authenticated and 29-9-1998 w..Category: Company Law | Date: | Hits: 222
....f the aforesaid Board. They are receiving their salaries on the basis of 'no work' 'no pay'. That the respondent No.1 is the Chairman, respondent No. 2 is the Vice-Chairman, respondent No.3 is the Personnel and Welfare Manager, respondent No.4 is the Assistant Personnel Manager (Administration), res......Regulation of Employment) Act, 1980 speaks about the Dock Workers Management Board providing that the Government shall, by notification in the official Gazette, constitute for each Port a Board to be called the Dock Workers Management Board for the purpose of the Act and that the Chittagong Port Doc......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
.... is collusive, fraudulent, without consideration and void. The plaint case, in short, is that while father of the plaintiff, Mohammad Ali, was owner in possession of the suit land, recreated a waqf absolutely dedicating the suit land for construction of a mosque by way of a registered deed of waqf b......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ed for in the waqf-deed by way of administration and management of the waqf. No action of such mutawalli beyond the authority as given in the waqf-deed or which are intended to result in the waste or loss of the waqf property will be valid or bind the waqf. These are the general principles regarding..Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....o. 14 dated 62-2005 corresponding to GR No. 58 of 2005 convicting the accused appellant under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer more six months simple impriso...... of Bulbul Sikder. 14. PW 6 Jahangir Alam in his examination-in-chief stated that the marriage was solemnised in the house of Bulbul Sikder and there was marriage in presence of Kazi. Kazi was called by Bulbul Sikder and he is the brother of the victim and in cross-examination he has stated t......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....dpur Police Station case No. 03 dated 8-8-2003 corresponding to GR case No. 76 of 2003 convicting the appellants under sections ,302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 each, in default, to suffer rigorous imprisonment ...... 4-30 PM his son Md. Mehadi Hasan Oni came home from school and after having his food, went out to play and met accused Md. Rahamatullah at "Kana Pukkur Morh" at Alangi; that accused Md. Rahamatullah called Mehadi Hasan Oni to go to Ranga Pota village which has been seen by Md Saifuddin, brother of ......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Imman Ali J AKM Fazlur Rahman J Uzzal alias Elias Hossain…………………………. Condemned Prisoner-Appellant Vs. State…………………………………………………………. R......ee to the goat. He asserted that he heard abut the occurrence from Mahima and her mother on Saturday morning while sitting on the verandah of their house. No other person was present at that time. He called Mahima from the house and heard about the occurrence from her. He stated that his house is 50......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....assed by the Special Tribunal No. 1, Satkhira in Special Tribunal Case No. 157 of 1997 convicting the accused-appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years. 2. The prosecution case, as it appears from the depositio......saw the recovery of revolver from the accused-appellant. The defence did not cross-examine him. 14. PW 3 Md. Keramat Sheikh is another public and seizure list witness. He deposed that he was called by the police and saw the appellant being arrested by the police and on search police recove......be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ..Category: Criminal Law | Date: | Hits: 34
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
...., Phulpur, District Mymensingh dated 29‑8‑1993 allowing the pre‑emption in Miscellaneous Case No. 91 of 1992. 2. Short facts for disposal of this Rule are that the petitioner as pre‑emptor sought pre‑emption of the impugned Kabala under section 96 of the State Acquisition and Tenancy Ac...... case holding. The learned Assistant Judge while allowing preemption relied on the decision in the case of Rafiqul Alam Vs. Rahimuddin Sarkar and others reported in 34 DLR 180. Facts of the said case called for a decision as to what would be the priority in between the co-sharers inter se over the c......1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....arket at 164 Elephant Road, Dhaka under the defendant petitioner by paying salami of Taka 6,95,000 (six lac ninety-five thousand) to the defendant-petitioner and the lease commenced from 1987. They also paid monthly rent regularly. They were given the right to transfer possession on payment of trans......Meherun Nessa AC Market but the market could not flourish for which the petitioner as owner decided to demolish the market and to raise residential multistoried flat building and all the tenants were called for and after several meetings their Salami money with some compensation were returned by the......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....st of Taka 3,79,746 payable thereon. Against the said order of assessment, the applicant preferred an appeal before the Commissioner of Customs (Appeals), Dhaka, who allowed the appeal in part giving some relief by his order dated 28-3-2001. Being not satisfied, the applicant took further appeal bef......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463.......company and engaged in the business of construction. It submitted income tax return as company for the assessment year 1998-99 showing income of Taka 15,350. Then, it submitted revised return showing loss of Taka 16,87,555. The Deputy Commissioner of Taxes however assessed under section 83(2) of the..Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....a 310 through Government Treasury Chalan No. Ga Da 2/12 dated 29-10-2000. The said application form and chalan were forwarded under cover of a letter dated 29-10-2000. Having received no response whatsoever to the said application for import permits, the petitioner addressed a letter dated 1-11-2000......instant Rule. 5. The petitioner filed a supplementary affidavit stating, inter alia, that the writ petition was filed and moved in November, 2000. Since the issuance of the Rule the petitioner called on the offices of the respondent Nos. 1 and 2 from time to time and enquired as to whether th......xiety that the season for importation of table potatoes was passing and that unless import permit facilitating importation of table potatoes was issued, the petitioner would be put to severe business losses. He also sought for hearing "within 10-11-2000 to resolve the matter. Thereafter, petitioner ..Category: Business or Commercial Law | Date: | Hits: 219
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....iq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned CIB Report being No. 3(45) 2001-3292 dated 17-4-2001 issued by the respondent No. 1, so far it relates to classified Borrower Code No. 60220 and the inclusion of the name of the petitio......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......d terms and conditions pursuant to sanction letter dated 7-5-1996 and the said loan was to be repaid in 6 years in 11 instalments ending on 14-5-2002. Although the borrower Company suffered serious loss and difficulties for political and other reasons nevertheless it paid instalments of the sanc..Category: Banking Law | Date: | Hits: 125
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....9, under Section 3 of the Explosive Substances Act, 1908 arising out of Sylhet Kotwali Police Station Case No. 49 dated 178-1999 under sections 147/148/435/ 436/427/447/ 448 of the Penal Code and also under section 3 of the Explosive Substances Act, 1908 corresponding to GR No. 767/99(A), convicti...... said Jamir Ali on 16-8-1999.at 3-00 PM convened a meeting in a nearby field of her residence where a lot of people of his quarter gathered and before the conclusion of the meeting the said Jamir Ali called on the participants of the meeting to attack the house of the informant, alleging that the in......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... to deposit Taka 1 lakh as security for costs, which has been complied with by the petitioner. 3. It is stated in the petition that New Zealand Milk Brands Ltd. ("the petitioner") is the successor- in-interest of Unilac Australia Pty. Ltd. (hereinafter referred to as "Unilac Australia") and B......he purpose of marketing the products under the brand "Red Cow". On 20-61989 Unilac Australia entered into a Joint Venture Agreement with Sanowara Corporation resulting in the formation of a company called Unilac Sanowara (BD) Ltd (the instant opposite party No. 1). The Agency Agreement dated 1st J......trademarks is prohibited. It is contended that such registration by opposite party No. 1 is creating confusion amongst the traders and buyers about the true origin of the goods and it is also causing loss of goodwill and business reputation as well as the decline in turnover of the petitioner. T..Category: Intellectual Property Law | Date: | Hits: 187
Salina Begum Vs. Mojibur Rahman and others, 2006, 35 CLC (HCD)
....n of the suit land at Mouza Nischantapur, District-Narsingdi. The suit land originally belonged to Bhabani Kishore and Kailash Chandra Chakraborty respectively in CS Khatian No. 140, whose name was also recorded properly in RS Khatian No. 146. But during the SA operation for preparing the SA record ...... the judgment of the trial Court on a proper assessment of the evidence on record and the findings do not suffer from any error of law and the case is concluded by finding of facts no interference is called for in the revision under section 115(1) of the Code of Civil Procedure. ………………......charged without any order as to the costs. Lower Court's record be sent down at once with a copy of the judgment Ed. This Case is also Reported in: 59 DLR (2007) 420; 13 MLR (HCD) (2008) 58. ..Category: Property Law | Date: | Hits: 40
Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)
....ause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3 directing the petitioner to submit return of his properties along with source and liabilities of the same should not be declared to have been made illegally, without lawfu......e to rely on the decision in the case of Md. Habibur Rahman vs. State reported in 2006 BLD (AD) 59 = 58 DLR (AD) 12 wherein it has been held that: "Any person failing to furnish the statement when called upon under section 4(1) of the Act commits the offence punishable under the law. In view of t...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..Category: Anti-Corruption Laws | Date: | Hits: 150
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
.... RI for further 5(five) months in Sessions Case No. 272 of 2003. 2. Prosecution case, in brief, is that in the night following 4-8-2003 at about 2-30 hours victim Sharifa Khatun along with her son Al-Amin went out of the house for searching her eldest son Kamruzzaman Rana who was not found. T......a went to search his mother but could not find her. On the following morning PW 7 with his family members saw the dead body of his mother with injury lying in front of residence of Taher Shaheb. PW 7 called his father who lodged FIR regarding the occurrence of murder and police recovered a Chapati f...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....ed Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this Rule are that on 13-7-1996, Soleman Bewa, predecessor of apposite parties as plaintiff instituted Other Class Suit No. 80 of 1996 in the First Court o......orted in 51 DLR 451 wherein it is held— "The transaction of heba-bil-Iwaz is, in fact, a sale. Therefore, as a sale cannot be completed without price being paid heba-bil-Iwaz also cannot be called valid unless ewaj is paid." 11. The learned Counsel further refers the case of Amirun ......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..Category: Property Law | Date: | Hits: 26
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