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ECOM Agroindustrial Corporation Ltd. & another Vs. Mosharaf Composite Textile Mills Ltd, 2014, 43 CLC (HCD)

.... ATM Saifur Rahman J ECOM Agroindustrial Corporation Ltd. & another..........Petitioners Vs. Mosharaf Composite Textile Mills Ltd...........Opposite Party Judgment May 28, 2014. Result: This rule is disposed of. Arbitrators have no Jurisdiction over the......ged and thereafter, if the Court found that the agree­ment is valid and agreement is in existence then allowed the parties to proceed with the arbitration proceeding. 37. In the case of 1982 CLC 1039 it is held that when the subject matter of the suit and the arbitration agreement is the sa......talakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat No. 1, 64 DLR 487; Abdul Quayum Vs. International Finance Investment and Commerce Bank Ltd., 63 DLR 359; Rasheda BegumVs.Nurussafa 24 BLD (AD) 223, 9 BLC (AD) 223; Union of IndiaVs.GM Kokil, 1984 (Supp) SCC 196; Unicol BangladeshVs.Maxwel......er by the trial Court is hereby vacated. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 330   ..

Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [2nd Part], 2013, 42 DLR (HCD)

....uri and others .................Petitioners Vs. Bangladesh Jamaat-e-Islami and others……………………Respondents Judgment August 1, 2013. Result: The Rule is made absolute. Cases Referred to- Kusper Vs. Pontikes,......he Respondent Nos.1-2. Md. Mohsen Rashid with Tawhidul Islam, Advocates-For the Respondent No. 4. Writ Petition No. 630 of 2009 Judgment M Moazzam Husain J.- (1st Part is at CLC ID No.9364) 201. স্বাধীনতাযুদ্ধে জামাতের ভু......2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 L Ed 2nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. ......al effect. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 14.        ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10

Maulana Syed Rezaul Haque Chadpuri and others Vs. Bangladesh Jamaat-e-Islami and others [1st Part], 2013, 42 DLR (HCD)

....aque Chadpuri and others .......Petitioners Vs. Bangladesh Jamaat-e-Islami and others……………………Respondents Judgment August 1, 2013. Result: The Rule is made absolute. Cases Referred to- Kusper Vs. Pontikes,......াদনা আনোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ......2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 L Ed 2nd 430; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 49 DLR (AD) 1; BRAC and others Vs. Professor Mozaffor Ahmed and others, 54 DLR (AD) 36; Lord Denning M. R. ......ন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮) (..to be continued at CLC ID ( 9365 ) ..

Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11

JIT Knit Composite Ltd Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)

....ade absolute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......ute. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ......a) (Gha) and 49(Kha) in particular play a pivotal role in this regard……………….. (4 &5) Cases Referred to- ASF Rahman Vs. Bangladesh Bank 20 B L D (AD) 32 = 52 DLR (AD) 61. Lawyers Involved: Bashir Ahmed, Advocate—For the Petitione...... Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 480.   ..

Category: Banking Law, Company Law | Date: 25 Apr, 2013 | Hits: 11

Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)

....i Corruption Commission……………………Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......aidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mr. Md. Zahiru......urt Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....etary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another..........................Respondents Judgment August 8, 2012. Result: The appeal is allowed.  The onus is on the claimant of the build......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ...... disputed by the claimant…………………………………(21) Cases Referred to- Government of Bangladesh, represented by the Secretary, Ministry of Works Vs. Md. Abdul Jalil, 48 DLR (AD)10; CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Bangladesh, represented by the Secretary, ...... allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Fa......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......he petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S....... Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)

.................Petitioner Vs. Government of Bangladesh, repre­sented by the Secre­tary, Ministry of Home Affairs and others.....................Respondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustain......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. .................Respondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocat......etition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..

Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

.... Md. Shamsul Huda J Abul Kashem.... .........................Petitioner Vs. Major General Mahmudul Hasan (Rtd.) and others……......Respondents Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refini...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......le 1 of the Code of Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......eported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

.... Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another.................Respondents (In Civil Petition No.872 of 2010) Md. Ismail Hossain and another..........Respondents (In Civil Petition No.875 of 201......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ...... Review Petition No.11 of 2012) Order May 20, 2012. Result: Leave is granted. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md), 43 DLR (AD) 154; Bangladesh Bank Vs. Mohammad Abdul Mannan, 56 DLR (AD) 1. Lawyers Involved: Mahb......ts shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..

Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....AM J Md. Shamsul Huda J Abdun Noor and others............................Appellants Vs. Aziruddin and others.................................Respondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Re......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......l is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Committee 56 DLR (AD) 180; State of UP Vs. Smt. Ram Sri, AIR 1976 Allahabad 121. Lawyers Involved: Mahbubey......ed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....r Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of th......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......State of UP, (1998) SCC 75; Shatapal Vs. State of Haryana, AIR 2000 (SC) 1702; Chand Vs. Crown, PLD 1956 (FC) 43 = 8 DLR (FC) 24; Gul Hassan Vs. State, 21 DLR (SC) 109; ACC Vs. Mahmud Hossain, 61 DLR (AD) 17; ACC Vs. ATM Nazimullah Chowdhury, 62 DLR (AD) 25; ACC Vs. Dr. HBM Iqbal, 15 BLC (AD) 44. ...... Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....;………………….Petitioners Vs. Export Import Bank of Bangladesh Limited and Others……….Respondent Judgment April 9, 2012. Result: The leave petition is disposed of with instructions. Cases Referred to...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ......dgment April 9, 2012. Result: The leave petition is disposed of with instructions. Cases Referred to- Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) 411; Satish Chandra Banik Vs. Dhaka Jute Mills Ltd. PLD 1968 (Dac) 610=19 DLR 280; Ghiasuddin A......ors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....J Md. Shamsul Huda J Abdul Wahab Sheikh………………………….......Appellant Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others…………Respondents Judgment March 3, 2012. Result: The appeal is disposed of with observation. Whether section 14 of the Limitat......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......her the law laid down on the construction of section 14 read with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the only question which will have to be answered...... made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....nha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. Cases Referred to- Dipak Chandra Ruhidas Vs. Chandan Kuma......gh Court Division is correct. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489. ......he bank. So his liability is not independent of the liability of the company. 32. The finding of the High Court Division that the case of Abdul Halim Gazi Vs. Afzal Hossain and others, (2005) 25 BLD (AD) 239 did not apply to the facts and circumstances of the present case is not correct. Having go......ision Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Syed Mahmud Hossain J Md. Abul Kashem.............................Appellant Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment February 14, 2012. Result: The appeal is dismissed. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any busi­ness e......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ...... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

Shamsul Haque Hawlader Vs. Government of Bangladesh and Others, 2012, 41 CLC (AD)

....hellip;………………..Petitioner Vs. Government of Bangladesh and Others……………Respondents Judgment January 5, 2012. Result: The petition is dismissed. Lawyers Involved: Khan Saifur Rahman, S......per appreciation of the law and facts, does not call for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ......and hoarding, may be transferred to the Druta Bichar Tribunal. 11. The High Court Division referring to the decision in the case of Abdul Kader Mirza and others Vs. Bangladesh reported in 60 DLR (AD) 185, held that the petitioner will not be prejudiced in any way. On the contrary, he will have ......ll for any interference by this Division. Accordingly, the petition is dismissed. This Case is also Reported in: 32 BLD (AD) (2012) 145. ..

Category: Procedural Law | Date: 5 Jan, 2012 | Hits: 92

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....;……………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pr......e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......l Petition for leave to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......issed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....am Chowdhury J Md. Nazrul Islam Talukder J Shahjahan……………………………….Petitioner Vs. State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. S......er be discharged from his bail bond. Let the records of the Tribunal below along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ...... State………………………………Opposite-party Judgment December 1, 2011. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chawdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16;Sher Ali Vs. State, 46 DLR (AD......along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 49. ..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & oth­ers Vs. M......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ers............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & oth­ers Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Sa......J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169