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Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....t case we also find that there existed a contractual obligation between the Janata Bank, Bangladesh to reimburse the negotiating Bank namely the Bank of Tokyo for the amount paid upon the irrevocable power of attorney opened by Janata Bank and when the said amount had been negotiated by the Bank of ......irul Islam Chowdhury J Anwarul Hoque Chowdhury J Janata Bank....................Appellant Vs. M/S Ahmedia Garments ..............Respondent Judgment July 8, 1987. Cases Referred to- 33 DLR (AD) 298, AIR 1970 (S.C.) 891, AIR 1981 (S.C.) 1426, AIR 1986 ( S.C.) 1924, AIR 1983 (......order of attachment when admittedly the money attached has already been paid to the beÂneficiary and now the bills are held by the Bank of Tokyo Ltd. and there having no property left which would be called belonging to the defendant No.1 the said amount cannot be attached. He further subÂmitted th......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......d. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to r......al representations were addressed to the Gas Company requesting for correction of the bills and in reply they disclosed through sending a letter on 20-3-1996 to the Oil Mills that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge had been......y. Several representations were addressed to the Gas Company requesting for correction of the bills and in reply they disclosed through sending a letter on 20-3-1996 to the Oil Mills that there was a meeting called 300th Board Meeting held on 5-12-1993 and in the said meeting the rate of gas charge ..
Category: Civil Law | Date: | Hits: 115
Abu Lokman Vs. Commissioner of Customs & others, 2002, 31 CLC (HCD)
....aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ...... High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J SM Dastagir Husain J Abu Lokman……………………………..Petitioner Vs. Commissioner of Customs & others…………….Respondents Judgment July 8, 2002. Case Referred To- Mu......r, Advocate‑ For the Petitioner. Md. Ibrahim Khalil, Assistant Attorney‑General- ÂFor the Respondents. Writ Petition No. 1791 of 1997. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Notification dated 17‑6‑1996 v......aid sub section. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 34. ..Category: Fiscal/Taxation Law | Date: | Hits: 56
New Age Garments Ltd. and others Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....fixed the minimum wages of adult un-skilled ‘workers and juvenile workers working in all private industrial concerns in the country. Dr M Zahir has taken us through the relevant provisions of law empowering the Minimum Wages Board to recommend fixation of wages of industrial workers. The relevant ...... Present: Md. Hamidul Haque J Md. Imman Ali J New Age Garments Ltd. and others ………….Petitioner Vs. Government of Bangladesh and others.…….. .Respondents Judgment October 31, 2001 Lawyers Involved: Dr. M. Zahir Senior Advocate, with AHM Mizanur Rahman, Advoca......AFM Hassan Ariff Attorney-General with Bhabesh Chandra Sarker Assistant Attorney-General—For the State. Writ Petition No. 3215 of 2001. Judgment Md. Hamidul Haque J.- This Rule Nisi issued calling upon the respondents to show cause why the impugned SRO No. 184 Ain/2001/Srakom 10/Ni: Mo: N......ho are likely to be affected from raising any objection or giving any suggestions about the proposed recommendation. 10. From Annexure C, we find that the Board makes a draft recommendation in its meeting dated 14-6-2001. Now, from the impugned notification, which was published on 8-7-2001 in Ban..Category: Labour and Industrial Law | Date: | Hits: 96
ASM Shamsul Islam Rashedi Vs. Satellite Fishing Ltd. and others, 2001, 30 CLC (HCD)
....same. The Annual General Meetings were held regularly and none had raised any objection for that matter. 7. It is further stated that under Article 37 of the Articles of Association a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serv......n (Original Civil Jurisdiction) Present: KM Hasan J ASM Shamsul Islam Rashedi ………..Petitioner Vs. Satellite Fishing Ltd. and others ………….Respondents Judgment October 17, 2001. Lawyers Involved: Jashim Uddin Ahmed with Shibbir Ahmed, Advocates—For the ...... Annual General Meetings were held regularly and none had raised any objection for that matter. 7. It is further stated that under Article 37 of the Articles of Association a Director has power to call an Annual General Meeting. Usually the Managing Director convenes the meeting and serves notice......pany. 4. On 15th September, 1996 the respondent directors held a Board Meeting without serving any notice to the petitioner and adopted a resolution requesting the petitioner to hold a requisition meeting as provided in Clause No. 37 of the Articles of Association of the Company. A copy of the re..Category: Company Law | Date: | Hits: 220
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....‘11‑95 after obtaining information from the Court came to know about the dismissal order dated 16‑11‑93. 4. Upon hearing the learned Advocates, the learned Assistant Judge in exercise of his power under section 151 of the Code restored the Miscellaneous Case No. 37 of 1993 upon setting asid...... For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned Assistant Jud...... Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96 passed by the learned A......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
.... actual requirement of Radio Bangladesh for installation of Transmitter which is apparent from the decision of the Government as contained in Annexure-E and in that view of the matter the exercise of power of the Government was arbitrary; that the retention of the property under requisition is illeg......Writ Petitions).
Writ Petition No. 964 of 1994
with
WP No.1170 of 1994.
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued calling upon the re.......
Judgment
M A Aziz J.- These two Rules having involved similar facts and a common question of law are taken up together and disposed of by a single Judgment.
2. The above Rules were issued calling upon the respondents to show cause why the order dated 6-4-1994 passed by respondent No.1 (c......hout lawful authority and to be of no legal effect.
In the result, the Rules are discharged without however any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 112. ..
Category: Property Law | Date: | Hits: 31
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....s of justice. 13. I have read the decisions cited by the learned Advocate for the petitioner. In the case reported in 28 DLR 252 a Division Bench of this Court just restated the principle that the power under section 151 of the Code should be used in limited and a sparing manner and must be avoid......9 of 1986 was obtained from the then High Court Division at Rangpur Bench by the pre-emptee as petitioner in a revision application made under section 115 (1) of the Code of Civil Procedure, referred to hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirg......e party submitted that as the hajira filed by him was misplaced for no mention of the year and later on the Court having found the same corrected the mistake by allowing the application which did not call for any interference. 10. Mr. Md. Marfat Ali, learned Advocate for the petitioner also cited......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
.......It is well settled that it is a special right conferred under a self‑contained special law and the court will have to seek answer to the question raised within the four comers of the Act and the powers of the court are circumscribed by its provisions. It is not a common law right and an electio......ional Assembly of the Constituency No. 165, Kishoreganj‑1 and respondent No. 4 was declared as elected candidate and accordingly, Gazette notification was made by the Election Commissioner on 9th October, 2001. The election was held peacefully in the constituency and election authority played a no......fore the Election Tribunal under Article 49 of People's Order No. 155 of 1972 subject to the condition stated in Articles 50 and 51 of the Representation of People's Order No. 155 of 1972 hereinafter called the People's Order of 1972. The petitioner in violation of Article 50 of the Representation o......g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19...Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....site Parties Judgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The p......udgment February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the r...... February 10, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XVIII rule 17 Order XVIII rule 17 empowers the Court to re‑call at any stage a witness who has been examined and cross-examined. The powers under the rule are ......oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... decision before the Appellate Division in the case of Latifa Akter Vs. State reported in 19 BLD (AD) 20=51 DLR (AD) 159 and the Appellate Division took the view that High Court Division has inherent power to pass necessary order to prevent abuse of the process of the court and for ends of justice u......s. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chief Metropoli......e Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Court of Chi...... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....of the predecessor of the defendants in SA Khatian, hence the decision of the lower appellate Court does not suffer from any error of law, warranting any interference by this Court in the exercise of power under section 115 of the Code of Civil Procedure. 12. We have perused the orders of both th......dinate Judge, 2nd Court, Panchagarh, in Other Class Suit No. 7 of 1996 and allowing the appeal and setting aside the order dated 2-2-97 and upholding the order dated 1-10-96 and directing the parties to maintain status quo in respect of the suit lands. 2. The present petitioner being plaintiff in......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102...Category: Property Law | Date: | Hits: 21
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....by way of inserting proviso to sections 31 and 34 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, hereinafter referred to as the Ordinance, and that by the amendment so made power of the Arbitrator has been limited to the extent of revising the amount of compensation alread...... Surendra Kumar Sinha J Shahjahan Ali Khan (Md) and others……………Petitioners Vs. Government of Bangladesh and others..................................Respondents Judgment October 26, 1999. Cases Referred To- Province of East Pakistan and others Vs. Sirajul Hoque Patw......pondents. Writ Petition No. 2787 of 1996. Judgment Md. Ruhul Amin J. - This Rule has been obtained under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh calling upon respondents to show cause why the amendment of sections 31 and 34 of the Acquisition of......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Humayun Majid Vs. Bangladesh Bureau of Anti-Corruption and ors., 2000, 29 CLC (HCD)
....aterial statements of the petitioner as to his title ad ownerships in the suit property. The respondent No.6 and the respondent Nos. 7 to 14 have mainly stated that Anti-Corruption Bureau has got the power to issue the notice upon the petitioner on the allegation that the petitioner made certain fal......ecember 3, 2000. Case Referred To- Durga Das vs Emperor, AIR 1943 Lahore 28. Lawyers Involved: MI Farooqui with Ruhul Quddus, Advocates—For the Petitioner. Hasan Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7...... Hasan Shaheen, Deputy Attorney- the Respondents 1-5. SM Munir Advocate—For the Respondent No. 6. Writ Petition No. 7796 of1997. Judgment Syed JR Mudassir Hussain J.- The petitioner calls in question the proceedings contained in File No. 173-97/TA; FO/3/20069 dated 26-11-97 (Annexu......t, the Rule is made absolute with cost of Taka 5,000 against the respondent No. 6 and no order as to cost is made against other respondents. Ed. This Case is also Reported in: 54 DLR (2002) 12. ..Category: Anti-Corruption Laws | Date: | Hits: 232
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....endant No. 3 were present Sahid Khan, Rafique Ahmed, Nasir Uddin and others. In paragraph 8 of the plaint, name of PW 1 Md. Amjad Hossain was not mentioned. The plaintiff appointed Amjad Hossain by a power of attorney dated 16‑10Â-2000, exhibit 1 as an attorney to depose on his behalf in the suit......a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 Md. Seraj-ud‑Dowla instituted Title Suit No. 176 of 1991 in the 2nd Court of Subordinate Judge at Dhaka, which was on transfer to the above court renumbered as Title Suit No. 14 of 2001. Plaintiff instituted the suit for specif......31‑3‑1986. The suit was also bad for mis-joinder and non‑joinder of parties and causes of action. The suit was barred by principles of estoppel, acquiescence and waiver. 13. He denied specifically that two contracts were, in fact, one contract amongst the plaintiff, defendant No. 1 and defe......time for performance of contract under section 19 of the Limitation Act and, in fact, such acknowledgments extended the period of limitation for performance. 26. Secondly, he submitted that in the meeting held on 15‑8‑1990 defendant No. 1 agreed to execute and register necessary deeds of sale..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35.......d. Joynul Abedin J Mir Hashmat Ali J Shahidul Islam (Md) alias HM Shahid ...............Appellant Vs. State................... Respondent Judgment August 3, 2003. Case referred to- Safdar Ali vs. Crown 5 DLR (FC) 64. Lawyers Involved: Masood R Sobban, Advocate-For the......cution case, in brief, is that the accused appellant Md. Shahidul Islam alias HM Shahid abducted PW 2 Asmaul Hosna alias Bithi by force and intimidation at 6‑30 PM in the evening of 6‑3‑2000 by calling her from her flat through her friend PW 4 Sabeha Yesmin Moli. Subsequently, victim girl was ......used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35...Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
.... Constitution and that sections 5 and 6 of the Ain have given scope to pick and choose any person and that the impugned Notification in question is arbitrary, discriminatory and mala fide exercise of power by the respondents in transferring the case in question and that in as much as the petitioner ......omar Kundu, Advocates-For the Petitioner (In Writ Petition No. 5951 of 2003). Md. Saifuddin Khaled, Advocate-For the Petitioner (In Writ Petition No. 6047 of 2003). Adilur Rahman Khan, Deputy Attorney‑General with Razik‑Al‑Jalil, Assistant Attorney-General-For the Respondents (In both th......f the political rivals of the petitioner as a result of which the impugned Notification has been issued transferring the aforesaid case and most of the accused are very poor and old and are also physically ill and, therefore, unable to go to far off Chittagong from Companygonj to attend the Court an......he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ..Category: Criminal Law | Date: | Hits: 50
Abul Hossain and others Vs. State and another, 2003, 32 CLC (HCD)
....caused in lodging the FIR and that the evidence given by the pregnant female witness was not trustworthy. 11. We have examined ourselves both the judgments of the Courts below. While exercising power under section 439A Cr.P.C., the Sessions Judge, under the present scheme of law, shall exercis...... Gour Gopal Saha J Abdus Salam Mamun J Abul Hossain and others……………..Petitioners Vs. State and another……..Opposite Parties Judgment July 16, 2003. Cases Referred to- Mosleuddin (Md) vs. State, 42 DLR (AD) 160; Kashem vs. State 40 DLR (AD) 294; Abdus Salam vs.......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ......esolved and decided in the case only on a proper discussion and assessment of evidence on record. This application is rejected summarily. Ed. This Case is also Reported in: 56 DLR (2004) 12. ..Category: Criminal Law | Date: | Hits: 34
Shahinur Alam @ Shahin Vs. State, 2003, 32 CLC (HCD)
....atan Daman Tribunal, Rangpur accused preferred the appeal before this Court. 8. Mr. Md. Abdus Samad Miah, the learned Advocate appearing for the appellant, submits that although the Court has wide power under section 540 of the Code of Criminal Procedure to call for any evidence not earlier recor......ellate Jurisdiction) Present: Gour Gopal Saha J Zubayer Rahman Chowdhury J Shahinur Alam @ Shahin ..................Appellant Vs. State...................Respondent Judgment October 26, 2003. Case referred to- Nazrul Islam @ Montu vs. State, PLD 1975 Lahore 1431. Law......rder dated 10‑7‑2002 passed by the Nari‑o‑Shishu Nirjatan Daman Tribunal, Rangpur in Nari‑o‑Shishu Nirjatan Daman Case No. 455 of 2001, allowing an application by the prosecution for re‑calling 6, witnesses already examined and discharged by the Court. 2. The prosecution case, in sh...... merit. Communicate the order at once to the Nari‑oÂ-Shishu Nirjatan Daman Tribunal, Rangpur for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 10. ..Category: Criminal Law | Date: | Hits: 37
....n this case no purpose would have been served by filing the appeal, the order being passed at the behest of the Minister-in-charge of the concerned Ministry. Moreso, the appellate authority having no power to pass any interim order under the statute the forum of appeal could not be termed to be effi......u Jafar Md. Nurul Islam...................Petitioner
Vs.
DG, Department of EnvironÂment, Government of Bangladesh and others.........Respondents
Judgment
July 15, 2003.
Cases referred to-
Chairman, Zilla Chora Chalan Damon Samanayo Committee, Mymensingh and another vs. Md. Kabirul......awshan Jahan with Akram Hossain Chowdhury and Laila Yasmin Haq, Advocates ‑ For the Applicants.
Writ Petition No. 6970 of 2002.
Judgment
Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why Memo No. Paribesh 4480/2204 dated 16Â11‑2002......6‑11‑2002 vide Annexure E to the writ petition is hereby declared to have been issued without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 56 DLR (2004) 1.
..
Category: Environmental Law | Date: | Hits: 226
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