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Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......of the petitioner was 12.2.1941 instead of 12.2.1944. Since the date of birth of the petitioner was corrected and accepted long before the notification dated 1st April, 1987 the same has no manner of application in case of the petitioner whose date of birth was accepted by the respondent long before..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......, Advocate ‑ For the Petitioners. M Shafzullah, Advocate ‑ For the Opposite Party No.1. Civil Revision No. 399 of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated ..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......ed Title Appeal No.1 of 1991 before the District Judge, Sylhet against the judgment and order dated 31.10.90 passed by the Court of Assistant Judge in Title Suit No.12 of 1990 and afterwards filed an application on 28.4.91 stating that he did not want to proceed with the appeal and accordingly the D..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....ving at a finding that the assessee was not properly served with notices of hearing of the cases. Secondly, the Tribunal was not justified in not directing the Assistant Commissioner of Taxes to make fresh assessment. 6. Before we consider the first contention we are inclined to examine the secon......re the assessment is annulled. Thus the second contention fails. Now let us consider the first contention. From the order of the Tribunal it appears that the Tribunal found that the assessee filed an application on 14.5.81 and prayed for time for hearing. In a case where in response to notices for p..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......s. Lan-Sun Park nominee Director of writ-petitioner No.1 Company TaeHung Packaging (BD) Limited Paper Manufacturing Company to participate in the hearing before him on 24.10.2007 at 10:00 a.m. on the application filed by the present appellant, Ms. Ok-Kyung Oh on 04.10.2007 for re-instating her as Ma..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......ice has no fixed content. Observance of the rule of natural justice is definitely an indispensable rule of proactive whenever a decision is taken affecting a person's rights but such rule cannot have application where the person has acquired no right to the office. The question of notice arise when ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....was without any lawful authority, as such, void and any proceedings based on the said void notice is a nullity in the eye of law. There is, however, no legal impediment for the commission to issue fresh notice under Section 26 of the Act, if so advised, but not in those cases where the accused ha......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....akistani citizen and he merely used Pakistani Passport as a travel document; on the other hand, at the earliest opportunity he surrendered his Pakistani Passport to the Bangladesh authority by making fresh application for citizenship; that the petitioner did not enclose his oath of allegiance with t...... and Obaidur Rahman Mostafa, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No.1316 of 1992. Judgment Mohammad Ismail Uddin Sarker J.- This rule Nisi was issued upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calli..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

.... judicial proceedings. This shows that a decree for permanent injunction can be enforced for violation of it by taking recourse to the provision of sub‑rule (1) of rule 32 of Order XXI and not by a fresh suit. It is for this reason of avoiding multiplicity of proceedings that such a decree should ......unction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure, and if not, what is the remedy available to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judg..

Category: Civil Law | Date: | Hits: 100

Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)

....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......expenses of Office of the Official Liquidator in Liquidation matter. Therefore, prayer sought for direction upon this petition under section 194 of the Companies Act cannot be accepted. I reject this application with the direction that the Official Liquidator is to seek fund from the Government for ..

Category: Company Law | Date: | Hits: 205

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......n stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-Minister of the Government of the People's Republic of Bangladesh. However, on 26-7-2010, upon an application by the Chief Prosecutor of the International Crimes Tribunal, warrants of arrest were is..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......rendra Nath Biswas, Assistant Attorney-General with Md. Jahangir Alam, Assistant Attorney-General—For the Respondents. Writ Petition No.7124 of 2010. Judgment Md. Imman Ali J. - This is an application filed under Article 102(1) and (2) (a) (i) of the Constitution of the People's Republic ..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104

Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)

....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ther contended that the High Court Division acted in excess of power in directing the petitioners to mutate the names of the writ-petitioners in the record-of-rights in failing to consider that their application for mutation has not been disposed of in accordance with law and pending determination o..

Category: Property Law | Date: | Hits: 68

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......cate—For the Petitioner. SM Moniruzzaman with Pratikar Chakma, Assistant Attorney-General—For the Respondents. Writ Petition No. 6114 of 2011. Judgment Md. Ashfaqul Islam J. - By this application the petitioner Golam Mustafa, who is the proprietor of Micro Trade Corporation a proprie..

Category: Business or Commercial Law | Date: | Hits: 200

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......ng Money Decree Execution Case No.42 of 2002 on 5-8-2002 before the Adalat for realization of the decretal dues. The said execution case is pending before the Adalat and in the execu­tion case on an application filed by the decree-hold­er-Bank under section 34 of the Artha Rin Adalat, 2003 (the Ai..

Category: Civil Law | Date: | Hits: 83

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......s punishable under sections 302/34 of the Penal Code. They be set at liberty at once if they are not wanted in any other connection. 47. Criminal Revision No.1252(R)/1992 which arose out of a bail application is accordingly disposed of. Let a copy of this judgment be forwarded to the Additiona..

Category: Criminal Law | Date: | Hits: 91

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......fter investigation police submitted charge sheet on 28th May, 2010 against 3 accused persons including the respondent under sections 3/4 of the Explosive Substances Act. 4. The respondent moved an application for bail before the Metropolitan Sessions Judge, Dhaka, who by his order dated 19th Apri..

Category: Criminal Law | Date: | Hits: 98

Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)

....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ...... lacuna at the belated stage stated in the baina patra (Exhibit-1) by hand writing that on behalf of the minors. 12. I have heard the learned Advocates of both the sides and perused the Revisional application, judgment of two Courts below, deposition of P.W.1 and P.W.2 including Exhibit-1, Baina ..

Category: Property Law | Date: | Hits: 74

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......arbitration process from its very initiation through to the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbi­tration No.1 of 2007 arises as a section 7(Ka) application for an Order of Interim injunction with a view to preserving the subject matter of the a..

Category: Alternative Dispute Resolution | Date: | Hits: 172