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Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)

....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......i J Naogaon Rice Mills Ltd.......................Petitioner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. N..

Category: Criminal Law | Date: | Hits: 82

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....at something was done by the party for another and the said work so done has been Voluntarily accepted by the other party. Reason is not far away to see, section 70 prevents unjust enrichment and the principle applies as much to an individual as to corporations and the Government. 29. The importa......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......sh, 1990 BLD (AD) 66; West Bengal Vs. BK Mondal & Sons, AIR 1962 SC 779; Mulamchand Vs. State of Madhya Pradesh, AIR 1968 SC 1218; Pannalal Vs. Deputy Commissioner, Bhandara, (1973) 1 SCC 639. Lawyers Involved: Md. Abdus Samad Miah with Sontash Kumar Sarker, Advocates ‑ For the Appellant..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

.... Act, 1948 was challenged but in the present case it is apparent from the prayer portion of the plaint that the suit was filed for declaration of title and recovery of khas possession and as such the principles laid down in those cited cases are not applicable in the present case. 9. To appreciat......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 49.......rty, Chandpur Vs. Tafurnessa, wife of Ali Ahmed Mia and others, 41 DLR (AD) 124; Akitullah and others Vs. Zafala Begum and others, 54 DLR (AD) 74; Golam Rahaman Vs. Hazera Khatoon, 1 MLR (AD) 211. Lawyers Involved: Mr. Goutam Kumar Roy, Deputy Attorney General with Mr. Arobinda Kumar Roy, Assi..

Category: Property Law | Date: | Hits: 64

Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)

....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......SC); Abdul Kader Chowdhury and others Vs. State, 28 DLR 1976 (AD) 38; LV Yadav, AIR 1983 SC 1219; State Vs. Bhajan Lal, AIR 1992 SC 604; State Vs. KJD Singh, 1994 SCC (Cr) 63 = 1993 CR LJ 3537 SC. Lawyers Involved: Mr. Md. Hafizullah with Mr. Abdul Baset Majumder and Mr. Md. Ohiullah, Advocate..

Category: Criminal Law | Date: | Hits: 76

Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)

....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....Petitioner Vs. Md. Monsur Rahman and others.......................Respondents Judgment January 3, 2005. Result: The Rule is made absolute. Lawyers Involved: Bivash Chandra Biswas, Advocate—For the Petitioner. Md. Nazrul Islam, Adv..

Category: Civil Law | Date: | Hits: 61

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....n. Whereas Article 30(2) of the U.N. Convention provides that "Each State shall take such measures as may be necessary to establish or maintain, in accordance with its legal system and constitutional principles, an appropriate balance between any immunities or jurisdictional privileges accorded to p......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......Ministry of Establishment Vs. Shafiuddin Ahmed and two others, 50 DLR (AD) 27; Anwar Hossain Chowdhury Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice & others, 41 DLR (AD) 165; A.K. Gopalan Vs. State of Madras, AIR 1950 (SC) 27. ..

Category: Constitutional Law | Date: | Hits: 264

Babul Vs. State, 2002, 31 CLC (HCD)

....ted. 28. This bring me to fundamental question requiring decision which is whether prosecution could succeed substantially proving charge levelled against convict-appellant. 29. The fundamental principles of Criminal Jurisprudence is that onus of proving everything essential to establishment o......and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......Vs. State..............................Respondent Judgment August 14, 2002. Results: Appeal stands allowed. Case Referred to- Kanta Proshad Vs. State, AIR 1961 Allahabad 438. Lawyers Involved: Prabir Halder, Advocate—For the Appellant. Snigdha Huq, Assistant Attorney..

Category: Criminal Law | Date: | Hits: 84

Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)

....ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......ipt of this order.  Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......Quddus.........................Petitioner  Vs.  Syed Moinul Ahsan Sajjad......................Opposite party Judgment February 7, 2010. Result: The Rule is disposed of. Lawyers Involved: Mrs. Fauzia Karim Firoze, Advocate with Mr. Md. Tashaddak Hasan, Advocate and M..

Category: Family Law | Date: | Hits: 171

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

..... 219 of 1987 the plaintiffs brought the suit as a counterblast to obstruct the execution of the decree. The suit is therefore not maintainable in law. They also contended that the suit was barred by principle of estoppel, waiver and acquiescence and barred by limitation and defect of parties. 8.......os. 3 to 6 shareholders directors. Plaintiff Nos. 2 to 6 were engaged in the business of manufacturing of MS rod and marketing. On 7‑2‑85 the plaintiffs applied to the Bank of Credit and Commerce International (Overseas) Ltd. (which was then substituted by the Eastern Bank Ltd) for a credit faci...... Vs. Shohag Medicine Supply and others, 52 DLR 571; Khohinoor Chemical Co Vs. Royal Exchange Assurance, 25 DLR 155; Gopal Singh Hira Singh Vs. Punjab National Bank and another, AIR 1976 Delhi 115. Lawyers Involved: Rafique‑ul Huq with MA Samad and MGH Ruhullah ‑ For the Appellants. Abdu..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....e certified copy of the relevant papers have already been filed but the same would not be any assistance to ascertain whether fraud has been practiced or forgery has been committed. It is the settled principle of law that he who alleges fraud or forgery, burden lies upon him to prove the same. Accor......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......llah (Md) and others........................ Petitioners Vs. Majibul Huq and others ....................Opposite Parties Judgment May 18, 2003. Result: The Rule is made absolute. Lawyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For the Opposit..

Category: Civil Law | Date: | Hits: 75

Dr. Ahmed Husain Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others, 1997, 26 CLC (HCD)

.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ...... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 115. ......…………Petitioner Vs. Chairman, Bangladesh Telegraph and Telephone Board, Dhaka and others…………Respondents Judgment November 12, 1997. Result: The Rule is discharged. Lawyers Involved: Ahmed Husain, Advocate - In Person. Md. Serajul Haq, Advocate - For the Resp..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ...... Animal Protection Society Chittagong ………Appellant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Ami..

Category: Property Law | Date: | Hits: 61

Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)

.... restricted interpretation as it was spelt out by the Appellate Division in the case of Abdul Hye Khan and others Vs. State reported in 40 DLR (AD) 226. 8. Now in the present case whether the said principle of law would apply or not is the only question left for consideration. From the perusal of......ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......han and others Vs. State, 40 DLR (AD) 226; Girdhari Lai Vs. Emperor, AIR 1925 (Oudh) 413; Sanmukhsingh and another Vs. King, AIR 1950 PC 31; King Emperor Vs. Shaskari Baksh Singh, (1905) 8 OC 313. Lawyers Involved: Nirmalendu Deb, Advocate - For the Petitioners. JK Pal with Surojit Bhattach..

Category: Criminal Law | Date: | Hits: 94

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

.... materia though made at different times, or even expired, and not referring to each other, they shall be taken and construed together, as one system and as explanatory of each other." 26. Upon the principle, the Court is definitely permitted to look at the definition of loan in the Ain when the B......facts for disposal of the appeal are that on 31‑8‑04 respondent No.1 Messrs Beximco Holding Company Ltd., in short, Beximco Holdings, and four others as plaintiffs instituted the suit against the International Finance Investment and Commerce Bank Ltd., in short, the IFIC Bank, and others for a d......ers.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: The application is allowed. Lawyers Involved: Mahmudul Islam with AQM Shafiullah, Advocates—For the Appellants. Rafique..

Category: Civil Law | Date: | Hits: 71

Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ...... Group of Publications, 50 DLR (AD) 138; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank, 50 DLR 597; Dr. Monjurul Islam Vs. Al‑Rajhi Hospital (Pvt.) Ltd. and others, (2004) 1 LG 46. Lawyers Involved: Muhammad Nawshad Zamir with Fatema Anwar, Idris Khan, AHM Kamruzzaman and Sathi..

Category: Company Law | Date: | Hits: 232

Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)

.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ...... Md. Abu Tariq J Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd..............Petitioner Vs. State…………………………….Respondent Judgment July 6, 2004. Lawyers Involved: Md. Ozair Farook with Osman Gani, Advocates—For the Petitioner. Aktar Imam..

Category: Criminal Law | Date: | Hits: 89

Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)

.... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ......nick and ors., 53 CWN (1 DR 61); Kafiluddin Chowdhury Vs. Dr. Abdus Sattar, 20 DLR 1220; A Jafar Vs. A Hamid, 19 DLR 306; Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Mozaffar Hossain with Md. Azizul Islam, Advocates-For the Petitioners. Dr. R..

Category: Property Law | Date: | Hits: 52

SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)

....radesh High Court where a different view has been taken and, with respect, I find it difficult to accept the proposition laid down by the single Bench of Andhra Pradesh High Court. In laying down the principles the learned Judge lost sight of the legal characteristics of 'debt' and failed to appreci......judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......of Lords 360; Mazharul Hoque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996 BLD 575= 48 DLR 453; Nizamul Huque Vs. Singa-Bangla Garment Manufacturing Co. (Pvt) Ltd. 1991 BLD 49=43 DLR 603. Lawyers Involved: KS Nabi with Kazi Rehan Nabi, Advocates—For the Petitioner. Md. Asaduzzama..

Category: Employment/Service Law | Date: | Hits: 144

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....doubt constitutional functionaries and not employees in the service of the Republic, although they are entitled to their salaries but not to any pension as the Election Commissioners. It is the basic principle of service of a Government Officer that after retirement, he becomes entitled to a pension......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. .....................Petitioners Vs. Controller and Auditor General of Bangladesh and 4 others.............Respondents Judgment April 18, 2004. Result: This Rule Nisi is made absolute. Lawyers Involved: Dr. Kamal Hossain, Advocate with Ashraful Hadi, Sara Hossain, Tanjibul Alam, Ad..

Category: Employment/Service Law | Date: | Hits: 99

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......ge Ltd. and another.................Petitioners Vs. Chairman, Power Development Board and others............Respondents Judgment June 23, 1999. Result: The Rule is made absolute. Lawyers Involved: SM Moonir, Advocate—For the Petitioner. Zakir Hussain Mazumder, Advocateâ€..

Category: Others | Date: | Hits: 135