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MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......a matter which it is competent for the majority to approve on behalf of the company..............................................(8) Cases Referred to- Foss Vs. Harbottle, (1843) 2 Hare 461. Lawyers Involved: AKM Badrudduza, Advocate - For the Petitioner. Raisuddin Ahmed, Advocate - F..

Category: Company Law | Date: | Hits: 129

Soton @ Arif Hossain and another Vs. State, 1997, 26 CLC (HCD)

....e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......e was no illegality in trying the petitioners in absentia. We find no substance in this Rule. This Rule is, therefore, discharged. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 593. ......d and produced before the trial Court by the police. One consequence of the rule of literal construction is that wide word should be given wide construction……………………………….(8) Lawyers Involved: Khondker Mahbub Hossain, Advocate ‑ For the Petitioner Syed Abu Kowser, As..

Category: Criminal Law | Date: | Hits: 99

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the same for such time as it thinks necessary for the public safety……………(8) Lawyers Involved: Nitai Roy Chowdhury with Begum Khaleda, Advocates ‑ For the Petitioner. Ka..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ...... High Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment Decembe......46 DLR (AD) 174; Pubali Bank Ltd. Vs. Md. Mamnur Rahman, 54 DLR 458; Bangladesh Jatiya Somabaya Bank Vs. Md. Obaidul Akbar, BCR 1982 (AD) 18; DP Goenka Vs. Governor-General of Pakistan, 7 DLR 134. Lawyers Involved: ASM Abdul Razzaque with Fahad Mahmood Khan, Advocates - For the Plaintiff-appel..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......Vs. Fulsom Bibi, CWN Vol. 36, page-486; Sarifuddin Mohiuddin Vs. Mohiuddin Mahmud, India law Reports, Vol. LIV-Calcutta Series-page-754; Ranee Khujooroonissa Vs. Roushan Jehan, (1876) LR.31 A.291. Lawyers Involved: Md. Abdul Haque, Advocate - For petitioners. Sufia Khatun, Advocate - For th..

Category: Property Law | Date: | Hits: 139

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......ma' according to law, the alleged marriage being flatly denied by the defendant.....................(15) Case Referred to- Khodeja Begum & others Vs. Md. Sadeq Sarkar, 50 DLR (1998) 181. Lawyers Involved: Md. Nurul Amin with Md. Abdur Razzak - For the petitioner.  Pankaj Kuma..

Category: Family Law | Date: | Hits: 140

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

.... of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best declares the intention of the Legislature and recourse to any other principle of interpretation is unnecessary…………….(20) The literal construction of the p...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ......yatullah Vs. Miah Ghulam Ahmed, PLD 1984 SC 369; Abdul Quader Chowdhury 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) 67. Lawyers Involved: Md. Khurshid Alam Khan, Advocate - For the Petitioner.  Md. Khurshedul ..

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....t the plaintiff had no legal character to institute the suit. Therefore, I hold that the suit itself was not maintainable in the present form but the learned Judge of the trial Court misconstrued the principle enunciated in the case of Amina Khatun Vs. Anser Ali reported in 40 DLR 389 and wrong­ly ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ...... Kalam Biswas @ Md. Abul Kalam Basiruddin @ Abul Kalam Azad and another, 39 DLR(AD)237; Srimati Nirode Bala Deb Roy Vs. Monmohan Datta and others, 6 DLR559; Amina Khatun Vs. Anser Ali, 40 DLR 389. Lawyers Involved: Md. Asaduzzaman, Advocate with Md. Raziuddin Sarwar, Advocate - For the petitio..

Category: Procedural Law | Date: | Hits: 114

Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)

.... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ...... forthwith if not wanted in connection with any other case. Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ....... The State…………………Opposite party Judgment February 6, 2006. Result: The appeals are allowed. Case Referred to - Moshfiqul Islam Bilu Vs. the state, 52 DLR 593. Lawyers Involved: Md. Kalimullah Mazumder, Advocate - For the appellant in Criminal Appeal No.222..

Category: Criminal Law | Date: | Hits: 78

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

.... পৃথক পৃথকভাবে চার্জ গঠন করতে হবে।” The case of Nowabul Alam and othersVs.The State 15 BLD (AD) 54, where it has been held that the correct principle in respect of the evidence of persons falling in the category of interested, interrelated ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ...... othersVs.The State, 15 BLD (AD) 54; State Vs.Paran Ch. Baroi BCR 1982 page 293; Bala Krishna Vs. The State of Orissa, 1971 AIR (SC) 804; Thulia Kali Vs. The State of Tamil Nadu, 1973 AIR (SC) 501 Lawyers Involved: Idris Khan, Deputy Attorney-General with Mir Shafiqul Islam, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 89

S.M. Ahsan Kabir Vs. Election Appellate Tribunal (Upazilla Election Parishad) and others, 2010, 39 CLC (HCD)

....ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......ever, without any order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 289. ......nal on conclusion of the trial of the Election Case. But there is no scope to prefer any appeal against any interlocutory order passed by the Election Tribunal…………………………..(12) Lawyers Involved: Md. Fazlur Rahman, Advocate - For the Petitioner. Riaz Uddin Khan, Advocate ..

Category: Election Law | Date: | Hits: 600

Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)

....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......pplication for execution of the decree, the order of the court for issuing certificate of transfer the mortgaged property for realizing the decretal dues will be patently unlawful………….(7) Lawyers Involved: Rafiqul Islam Mehedi, Advocate - For the petitioner. Idris Khan, Advocate - ..

Category: Civil Law | Date: | Hits: 174

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......wed to adduce evidence after delivery of the judgment and decree passed by the trial Court inasmuch as that will give him an indulgence to fill up the lacuna..…………………..(14 & 16) Lawyers Involved: S.N. Goswami, Advocate with Afsana Begum, Advocate - For the petitioners. No..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

....n witnesses, any deviation from the FIR story makes the prosecution case doubtful casting serious doubt as to the credibility of prosecution witnesses……...........………(60) The fundamental principle underly­ing in section 342 of the Code of Criminal Procedure is that the accused should b...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......d. Jamaluddin and others Vs. the State, 14 BLD (HC) 94; Hatesingh Bhagost Shingh Vs. State of Modhya Bharat, AIR 1953 (SC) 468; Shamer Bala Changule Vs. The State of Maharastra, AIR 1976 (SC) 557. Lawyers Involved: S. N. Goswami - For the Appellants.  Mrs. Umme Kulsum Begum, Deputy Att..

Category: Criminal Law | Date: | Hits: 84

M/s. ERRIA Shipping Pte Ltd. and another Vs. M/s. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)

....6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower Court records at once. Md. Arayes Uddin J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 176. ......tatives and representatives of Defendants as well as the plaintiff. On survey in the ship it was found that there was a shortage of 5.754 metric tons only and Tallow was then pumped into the tanks of International Tank Terminal, Potenga in presence of all surveyors and the respec­tive parties. In t......……………Respondent Judgment February 11, 2009. Result: The appeal is allowed. Cases Referred to- 9 BLC (2004) 218; 11 BLC (2006) 83; 5 BLC (2000) 579; BCR 1990 (HCD) 194. Lawyers Involved: Md. Ohiullah, Advocate - For the appellant.  Momtazuddin Ahmed with Ms...

Category: Admiralty Law or Maritime Law | Date: | Hits: 486

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

.... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......…………….(47) Case Referred to- Nurul Islam Vs. State, 1988 BLD 106; SM Kamal Vs. State, 6 BLC 113; Starland Vs. Director of Public Prosecution, 1944 AC 315(1994) = 2 All ER 13 (HL). Lawyers Involved Md. Ismail with Shihab Uddin Mahmud, Advocates — For the Appellant. Umme Ku..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ......n cannot deny or refuse to exercise its jurisdiction under Article 102 of the Constitution to strike down such unauthorized exercise of statutory power........................................(15) Lawyers Involved: Mahmudul Islam with Md. Mizanul Haque Chowdhury, Advocates — For the Petition..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... acted arbitrarily for the benefit of a private party, and against the public interest…………………………………(24) Justice delivery system in this part of the world is based on the principle of liberty and justice for all. Public interest litigation means the legal action initiate......ars, purposely described as a joint venture company of USA and Bangladesh and the existing two (2) share­holders as (1) Orient Maritime Limited, (Bangladesh registered company), and (2) SSA Holdings International Bangladesh Inc, disclosing it to be a subsidiary of SSA Holdings International Inc, wh......ociety, should not be interfered with by a Court of law. An act of State and an act of executive of State are not the same. A decision of the State may not be permitted to be challenged in a Court of Law but the implementation of such decision by the executive authority of the State without due dili..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....by necessary intendment." (Underlined by us). 20. Similar views were followed in the cited cases of Lahore High Court as well as of this Division. 21. There could not be any two opinions on the principles enunciated and established in the above cases. The principles were very old and universal......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... Film Exchange, AIR 1960 SC 980; Essential Industries Vs. Central Board of Revenue, (1969) 21 DLR (WP) 36; Md. Jamaluddin Vs. Income Tax Tribunal, Chittagong Branch, Chittagong, (1997) 49 DLR 279. Lawyers Involved: Ms. Nahid Kabir with Md., Asaduzzaman with Md. Matiur Rahman - For the petition..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......for early disposal of the Execution Case without any fault on their part……………………………..(20) Case Referred to- Khurshed Alam Vs. Judge of the Artha Rin Adalat, 12 BLC 592. Lawyers Involved: Kamalul Alam, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - F..

Category: Civil Law | Date: | Hits: 136