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....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......petition No. 2910 of 2009.)
Order
1. To-day the Civil Petition for leave to appeal has been fixed for hearing. On the subsequent prayer of the petitioner an application for mandatory injunction/status quo and a contempt petition has also been brought in the list.
2. It may be recalled that..
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....y, vide memo. No. পার-২/১ এ-৫/২০০৫/৪৬৯ তারিখ ৫-১১-২০০৬ (Annexure-A), should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that the petitioner is a renowned physician......s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ..Category: Employment/Service Law | Date: | Hits: 89
Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)
....sed the holding of the annual general meetings for the aforesaid years by filing an affidavit-in-opposition contending, inter alia, that the majority shareholders of the company led by Tahmid Ahmed illegally removed him and his late father Jaffar Ali Hossain by the aforesaid resolution dated 8-5-198......was contended in that application that the Company carried on its business smoothly until 18-5-1983. But could not hold its Annual General Meetings for the years 1982-1997 due to misconstruction of a status quo order obtained by a shareholder Jalal Uddin Jaffar Ali Hussein in Title Suit No.188 of 19..Category: Company Law | Date: | Hits: 222
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ow cause as to why orders dated 18-8-98 passed in Bankruptcy Case Nos.1 to 5 of 1998 pending in the Bankruptcy Court, Dhaka should not be declared to have been made without lawful authority and of no legal effect. At the time of issuance of Rules further proceedings of the Bankruptcy cases in questi......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
.... Station against the petitioners alleging that on 28.10.2003 at about 2:00 P.M. some staffs of Bangladesh Bank forcibly entered into the Chamber of the Chairman of Bangladesh Bank and demanded some illegal claim to him and abused the Governor of Bangladesh Bank. The General Manager, Human Resources ...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....dants challenged the possession of the plaintiffs so without a regular suit for declaration of title and recovery/confirmation of possession in the disputed land the plaintiffs cannot challenge the legality of the decree of the defendants. The learned Advocate-on-Record further submitted that th......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
.... of the matter, we find that the learned Subordinate Judge was perfectly justified in sending the case to the Court of the District Judge for its disposal in accordance with law. We do not find any illegality or legal impropriety in the impugned order occasioning failure of justice so as to justify ....... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107...Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....ate of registration lawfully of the trade mark of his brand name 'Lucky' of the CI Fittings but the petitioner did not raise any objection against such registration, that rather the petitioner most illegally started production of 'Lucky' brand CI fittings in the garb of sanitary goods with the same ......818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
.... of Defendant Nos. 2 to 4, the plaintiff might have instituted the suit. 6. By filing an additional written statement, he contended that the cancellation of the sanction by the Administrator was illegal and void and not binding upon him. 7. On the aforesaid pleadings, issues regarding maintain......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....ah submitted his school certificate which speaks that he was below 16 years at the time of framing of charge against him and thus the trial of the convict appellants by the Speedy Trial Tribunal is illegal and without jurisdiction and that consequently, the impugned order of conviction and sentence ......the case which is highly irregular also. 28. Since both the medical report and the school certificate have not been proved, so we refrain from passing any comment regarding the major or minor status of the appellants and this issue is to be decided at the trial giving the parties opportuni..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....he trial, namely Uzzal alias Elias Hossain, preferred Jail Appeal No. 593/2002 and also Criminal Appeal No. 3448/2002. The trial of the other accused-convicts proceeded in their absence after all the legal formalities for absentia trial were observed. Since the Reference and appeals arise out of the......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....accused may have been custody as provided under section 35A of the Code is consistent and not in conflict with the preamble of Special Powers Act, 1974 and, as such, the Tribunal below committed no illegality in ordering for adjustment meaning deduction. Last but not the least, the learned Advocate ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....on, the respondent No. 3, allotting the Flat No. JA, China Building, 99, Peel-khana Road, Azimpur, Dhaka to the respondent No. 5 should not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that the petitioner entered into a ...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....is impugned judgment and decree dated 15-4-2002 dismissed the suit on the finding that the period of lease was expired on 14-8-1998; that after expiry of the leasehold right, the plaintiff has no legal right in the suit land. 9. Being aggrieved by the aforesaid judgment and decree dated 15-4-......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..Category: Property Law | Date: | Hits: 28
Jinnat Ali (Md) Vs. Md. Abu Bakkar Siddique and others, 2002, 31 CLC (HCD)
....sion occasioning failure of justice in allowing the appeal and thereby dismissing the petitioner's claim of pre‑emption in respect of the case land and his judgment and order do not suffer from any legal infirmity warranting any interference. 17. In the result, the Rule is discharged without an......1995 in Miscellaneous Appeal No. 88 of 1995 are hereby affirmed. Send down the LCR with a copy of this judgment to the Court concerned. Ed. This Case is also Reported in: 55 DLR (2003) 92. ..Category: Property Law | Date: | Hits: 37
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....but the petitioner refused to pay the same agreeing to settle the said claim through Arbitration as there is Arbitration clause in the Lease Deed for which the Hon’ble Appellate Division found no illegality in the order passed by the High Court Division and the leave petition of the opposite party......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
....le Suit No. 407 of 2005 in the First Court of Joint District Judge, Dhaka for cancellation of Power of Attorney dated 10-8-2005 executed by the defendant No. 1, Malika Hasina Jahan (Lili), as void, illegal, inoperative and not binding upon the plaintiff petitioner No. 2, Nasrul Hamid, and also for f...... the meantime, the revisional application was transferred to the court of the learned Additional District Judge, 7th Court, Dhaka who by his order dated 13-2-2006 directed the parties to maintain status quo with regard to the suit property.
18. The plaintiff-petitioners filed an applicati..
Category: Property Law | Date: | Hits: 34
Abdul Aziz Master (Md) and others Vs. State, 2005, 34 CLC (HCD)
....nce of the offence in disposing of the revisional application arisen from a naraji petition. 3. Mr. Helaluddin Mollah, learned Deputy Attorney-General appearing for the State, did not dispute the legal point agitated by the learned Advocate, Mr. Habibul Islam Bhuiyan, but he submits that a direc......ake proper steps as per observations made in the body of the judgment. The order taking cognisance by the learned Sessions Judge is quashed. Ed. This Case is also Reported in: 59 DLR (2007) 468. ..Category: Criminal Law | Date: | Hits: 33
Mark Builders Limited Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... case, when the applicant filed return and complied with the requirement of section 35(3), the learned Taxes Appellate Tribunal is judicious in holding the opinion that disallowances, save and except legal disallowances (failed to satisfy the requirement of law) is justified in law? (ii) Whet......r observations. Let a copy of this order be also sent to the Chairman of the National Board of Revenue for guidance and proper action. Ed. This Case is also Reported in: 59 DLR (2007) 463...Category: Fiscal/Taxation Law | Date: | Hits: 99
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....h, table potatoes remain unrestricted goods so far as importation is concerned. It is stated that the impugned omission is arbitrary and without proper authority and the respondent No. 1 is under a legal duty not to prevent the petitioner from importing table potatoes subject to the latter's compl......led on behalf of the petitioner in accordance with law expeditiously. Communicate the judgment to the concerned authority at once. Ed. This Case is also Reported in: 59 DLR (2007) 458...Category: Business or Commercial Law | Date: | Hits: 219
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