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Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
.... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......er restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings dated 15-4-99 and 28-4-99 of plaintiff No. 1 company and the......ppellants are engaged in a conspiracy to misappropriate the funds of Sheba Telecom Limited and wanted to wind up the respondent No.1 Company. The respondent time and again requested the appellants to call a General Meeting of the company and issued a notice to hold Extraordinary General meeting of t......pany and it is the Case of the plaintiffs that appellant No. 1 is the sister of the appellant No. 2 who is an ambitious lady with designs to control the company. Though she did not attend any general meeting or Board Meeting after the company was set up yet she used to disturb the functioning of the..Category: Business or Commercial Law | Date: | Hits: 207
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....rants any interference by this Court in the exercise of its Civil Revisional Authority under section 115 of the Code of Civil Procedure. 11. In approaching the question the appellate forum and power contained in the Family Court Ordinance, 1985 may profitably be noticed. Forum and Law relatin...... where under maintaining decision recorded by Family Judge in a Family Suit enhanced amount of maintenance of plaintiff and her minor child on reversing decision rendered by Family Judge with respect to amount of maintenance, defendant as petitioner invoked this Court’s Civil Revisional Jurisdicti...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....with the functioning of the judiciary in its constitutional duty to protect the liberty of the citizen. All their efforts to avoid coming to Court failed due to the Governments aim at undermining the power and authority of the judiciary through intimidation and vilification. The statements were clea...... Md. Mozammel Hoque J Md. Abdur Rashid J Mainul Hosein & others……………..Petitioner Vs. Sheikh Hasina Wazed……………Respondent Judgment October 24, 2000. Cases Referred To- Sir Edward Snelson Vs. Judges of the High Court, PL......anae Nambion, AIR 1970 (SC) 2015. He further submitted that in view of the principles enunciated by their Lordships in the above Cases the impugned statement of the Hon’ble Prime Minister cannot be called a contemptuous one, rather the same is a bonafide statement on the present situation of the c...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....the Case may be, but this Court while exercising its jurisdiction of Habeas Corpus under section 491 cannot act either as appellate Court or cannot exercise revisional jurisdiction. In exercising the power of Habeas Corpus, the Court can only determine whether detention of a person is illegal or imp...... Case Referred To- BADC Vs. Kibria and Associates Ltd., 46 DLR (AD) 97. Lawyers Involved: Probir Halder, Advocate- For the Petitioner Faziul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment......iul Haque Choudhury, Assistant Attorney- General—For the State. Criminal Miscellaneous Case No.6858 of 2000. Judgment Md. Hamidul Haque J.- By this Rule, opposite parties were called upon to show cause as to why the detenu Miss Momota Karmaker now detained in Satkhira Distric......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
.... 353 and 44 DLR (AD) 9 as mentioned above. Their Lordships in the Case reported in 21 DLR (SC) 353 have been held that: “Order XLI, rule 19 of the Code of Civil Procedure gives the requisite power to the appellate Court to re-admit an appeal dismissed for default, “where it is proved that......se No. 37 of 1995 was started. The said miscellaneous Case was dismissed for default on 23-1-1996. The plaintiff-appellant filed an application under section 151 of the Code of Civil Procedure for restoration of the said Miscellaneous Case on setting aside the order dated 23-1-96 which was rejected ......onsidering and giving any finding on the legal requirement of rule 19 of Order 41 of the said Code as to whether the appellant was prevented by any sufficient cause from appearing when the appeal was called on for hearing” and, as such, the impugned order is liable to be set aside. He further subm......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....sdiction of the Court preserved by and mentioned in section 151 of the Civil Procedure Code. The section says: “Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent the......No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No. 8 under Order IX, rule 9 of the Civil Procedure Code, it was ordered to be restored to its original file and number in the Miscellaneous Case No. 17/1990. While ordering...... both couched in almost identical terms. The learned Assistant Judge rejected the applications and asked the plaintiff to get ready to proceed with the hearing of the suit. However, when the suit was called on for hearing neither the plaintiff nor his learned Advocate, the petitioner, appeared to pr......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....hich amount was disproportionate to his known sources of income and thereby committed an offence under section (91)(e) of the said Act of 1947. 3. Charge against accused No.2 is that he abused his power as Chairman of Rajdhani Unnayan Kartipakha, briefly RAJUK, and obtained pecuniary advantage fo......993). Abdus Sobhan, Advocate—For the Appellant (In Criminal Appeal No. 1133 of 1993). Majibur Rahman Advocate—For the Appellant (In Criminal Appeal No. 1165 of 1993). M Faruque, Deputy Attorney-General with Abdur Rouf, Assistant Attorney-General; Abul Hossain Azadi, Assistant Attorney-G...... committed an offence of misconduct under section 5(1) (d) of the Prevention of Corruption Act of 1947 and that further he paid an amount of taka six and half crore for the construction of a building called Janata Tower which amount was disproportionate to his known sources of income and thereby com......oney of Taka 23,22,600. 19-9-1989 Possession of plot No.49 was delivered to accused Nos.10 and 17 and Sadeq. 21-10-1989 Lease deed was registered in favour of the said three allottee. 22-10-1989 In a meeting of the Board of Rajuk a proviso to clause 20 of the standard lease of Rajuk debarring transf..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
...., 2000 based on an order made in June, 99 is absolutely illegal. 10. In this connection, we have also perused the provisions of section 7 of the Special Powers Act. That section deals with the powers in relation to the absconding persons. This section provides that if the detaining authority ...... Judgment July 17, 2000. Lawyers Involved: Munsur Habib with Zainal Abedin and Shahanara Begum, Advocates—For the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgmen......lul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now detained in Jhenaidah Distric......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......nbaria reversing an order dated November 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor ......vember 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....d purchase the company’s share worth of Taka 28,86,000.00 on certain conditions. The conditions are that the respondent No. 3 will become the Chairman of the company and all financial and executive power will vest in the Chairman and that BSRS and ICB agreed to reschedule the principal amount of l......oner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases Referred To- M Moorthy Vs. Drivers and Conductors Bus Service P Ltd (1991) 71 Company Cases 136 (Mad); Faruk (Md) Vs. Abdul Hamid and others 51 D......lex Ltd. 2. The petitioner’s Case, in brief, is that the petitioner is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 t......hat no change in Articles of Association will be necessary. The respond No. 3 also accepted BSRS’s suggestion verbally. 3. Thereafter the share holders of the company in their annual general meeting held on 31.12-97 elected the respondent No. 3 as Managing Director and respondent No. 2 as C..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ...... SAN Mominur Rahman J Md Abdul Quddus J Aleya Begum and others…………...Petitioners Vs. Bangladesh and others…………..Respondents Judgment October 30, 2000 Cases Referred To- Olga Tellis and others Vs. Bombay Municipal Corporat......habuddin Ahmad, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 729 of 1998. Judgment Md Abdul Quddus J. - Rule was issued und Article 102 of the Constitution calling upon respondents to show cause as to why eviction of the petitioners from the Balur Math Bas......3. In the united Nations Conference held in Vancouver on May 31, June 14, 1976 recommendation was made to provide shelter, infrastructures and services to less advantaged (Annexure-A) and that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the th..Category: Property Law | Date: | Hits: 60
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....e purpose of reinstatement in the office, and (e) Terms and conditions of service prescribed by the rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in ......on) Present: Md. Abdur Rashid J Sonali Bank and others…………..Petitioners Vs. Md. Jalaluddin and another………….Opposite Parties Judgment October 19, 2000. Cases Referred To- 43 DLR 395, 44 DLR (AD) 260; 48 DLR 330; Malik and ......grievance before a Labour Court. Only doors according to him were open to him were those of a Civil Court. He therefore submits on the authorities that the concurrent order allowing review does not call for interference by this Division under section 115 of the Code. 9. In reply, Khaled Ahm......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....d order dated 5-7.1998 passed by the petitioner, as the concerned Magistrate, in Miscellaneous Case No. 15 of 1998, should not be expunged and also to show cause as to why the First Class Magisterial power of the petitioner should not be restored with effect from .10-1999, the date of withdrawal of ...... Case Referred To- Captain Gurbakhsh Singh Vs. State, AIR 1960 (Punjab). Lawyers Involved: Dr. Rafiqur Rahman, Advocate — For the Petitioner. Nikhilesh Dutta, Deputy Attorney-General with Md. Mostafa, Assistant Attorney-General-For the State. Criminal Miscellan...... Criminal Miscellaneous Case No.5578 of 1999. Judgment ABM Khairul Haque J.- This Rule, und section 561A of the Code of Criminal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Session......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....ed as to whether tenant of the owner can be evicted for construction without obtaining sanction from RAJUK. Their Lordships held as follows:
‘The provisions in sections 3B and 6 clearly give power to the Authorised Officer of the RAJUK to serve notice on the occupier and to direct him to va......Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature ......000.
Judgment
Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....8. Nurul Huq further submits that apart from the provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle the dispute for ends of justice. Nurul Huq further submits that in the earl......nd SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejectio......zair Farooq with Sheikh Awsaful Rahman and SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-19...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....itself, there is classification of Criminal Courts only. In the Penal Code the term “Court of Justice” is defined in section 20: “20. The words “Court of Justice” denote a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicia......4 DLR 533; Noor Ahmed Vs. Fariduddin Ahmed and others, BCR 1987 (AD) 152; Idris Ali and another Vs. State 38 DLR 270 M Lutfullah Vs. Bibi Badrunnessa 20 DLR 1019, Nirman Singh Vs. Thakur-III Rudra Protop Narain Singh, AIR 1926 PC 100, Malik Fatch Khan Vs. Nazibullah Khan 9 DLR, WP (Lahore) 40; Than ...... The word evidence means and includes ‘(1) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry : such statements are called oral evidence; (2) all documents produced for the inspection of the Court, such documents are...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
....der Project No. BGD/97/029: Capacity-Building, Poverty Alleviation and Sustainable Livelihood of the Socially Disadvantaged Women (SDW) and their children, and the project was addressed towards the empowerment of women and children living with brothel communities in Narayanganj, Jessore, Chittagong ......986 (SC) 180; BLAST Vs. Bangladesh 4 BLC 600. (11).
Lawyers Involved:
Nazmul Huda with Sigma Huda and SAM Nasimul Hoque, Advocates — For the Petitioners.
Obaidur Rahinan Mostafa, Deputy Attorney- General with Mushfiqur Rahman Khan, Assistant Attorney-General — For the Respondents.
W......, Deputy Attorney- General with Mushfiqur Rahman Khan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 2871 of 1999.
Judgment
Md Faziul Karim J. - This Rule was issued calling upon the respondents to show cause as to why the lifting of the sex-workers in the early hou......hed by various dailies revealed that women and children were confined most illegally by respondent No. 3 under the direction of respondent No. 2, who have given instructions through inter-ministerial meeting presided over by the Hon’ble Minister in Charge of Home Affairs on 20th July, 1999. It ha..
Category: Constitutional Law | Date: | Hits: 264
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ...... Md. Abdul Aziz J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 o......ate affidavit-in-opposition contended that the writ petition is not maintainable since the writ petitioner has no locus standi and legal right to file this writ petition. The writ petition is categorically stated that by quoting a bid of Tk. 16, 66,660.00/- he became the highest bidder wherein the p......wing in the said tender notice the lease hold land belonged to the writ respondent No.1 as 3.20 acres without excluding the said 0.75 acre of land. Thereafter the writ respondent Nos. 2 to 6 in their meeting held on 10.07.2001 took resolution (Annexure-G) and decided to refrain from leasing out 0.75..Category: Property Law | Date: | Hits: 33
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......e Petitioners. Md. Aminul Hoque, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-5. Civil Petition for Leave to Appeal No. 1198 of 2009. (From the judgment and decree dated 04.03.2009 passed by the High......refore the inland carrier is responsible and the damages as claimed is to be recovered from the carrier and accordingly advised the plaintiff. The plaintiff failed to furnish the required documents called for by the defendant No. 4 and though the photograph of the damaged goods were taken but th......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......venue, Police Station-Tejgaon, Dhaka ...........Petitioner
Vs.
M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka represented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fak......ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......where in this letter the respondent denied the claim of the claimant. They also did not deny the petitioner's claim of the outstanding sale proceeds for the months of July and August, 2002 in the meeting held in the chambers of the petitioner in the presence of both parties' lawyers on 21.09.200..
Category: Alternative Dispute Resolution | Date: | Hits: 207
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