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Mrs. Rehan Parvin @ Shohely Parvin Vs. State and another, 2008, 37 CLC (AD)

....n view the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013)11.......e same to accused petitioner25% of 10 decimals of land with a pucca structure of the accused petitioner and remaining 75% to 3 daughters of the complainant. The daughters returned the property as per terms of the gift but the wife i.e. the accused petitioner did not return the said property. When th...... Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md.Hassan Ameen J Mrs. Rehan Parvin @ Shohely Parvin…………………...Petitioner Vs. The State and another………………………………...........Respondents Judgment February 19, 2008. ..

Category: Procedural Law | Date: 19 Feb, 2008 | Hits: 6

Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)

.... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ......ent Syed Refaat Ahmed J.- This is an Application under Section 12 read with Section 13 of the Companies Act, 1994 ("the Act") for a confirmation of the alteration of the Objects Clause of the Memorandum of Association ("MOA") of Bayer Crop Science Limited ("the Company"). 2. This Court notes a..

Category: Company Law | Date: 12 Feb, 2008 | Hits: 123

Sultana Hashem Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....haka now detained in Dhaka Central Jail, be set at liberty at once, if not wanted in connection with any other case or cases. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 668. ......ion order is bad not only because the alleged grounds are not relatable to the order of detention for reasons already referred above, but on the face of the order it shows that it was not passed in terms of sub-section (1) of section 3 which again manifests a total non-application of mind. Sectio...... Mirza Hussain Haider J Mamnoon Rahman J Sultana Hashem……………………………………………………………………Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment January 21, 2008. ..

Category: Criminal Law | Date: 21 Jan, 2008 | Hits: 10

Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....ted. Artha Rin Adalat No.3, Dhaka is directed to dispose of the suit expeditiously. Communicate the Judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 513. ......mplete the unfinished construction of his house on Plot No.45, Road No.7, Sector-4 of Uttara Model Town, Dhaka (hereinafter referred to as 'the house'). Accordingly, he mortgaged the house in terms of a mortgage deed registered on 6-5-1990 in favor of the Bank. The petitioner also executed s......ed the loan with simple interest of Taka 13.6% per annum. But the petitioner could not let out the house at an expected rent as a result of which he failed to pay the regular installments to the Bank and requested the Bank for re-scheduling the outstanding debt with simple interest. But the Bank ins..

Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9

Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)

....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17.    ......Affidavit-in-Opposition in which the Opposite Party No.5 has raised certain grounds, primarily as to the nullity in the eye of law of the Judgment and Decree passed in Admiralty Suit No.37 of 1999 in terms of operation of the same against the Opposite Party No.5. The Opposite Party No.5 submits that......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ..

Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19

Bengal Glass Works Limited Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex, 2007, 36 CLC (HCD)

....78,40,997.85 by crediting the sum to the Current Account of the petitioner. Send down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 18. ......peal. 20. Answer to the conflicting claims must be found in said clause (Uma) of section 9(1) of the VAT Act, for which said clause should be first closely read. Clause (Uma) is of the following terms, (ঙ)“করযোগ্য পণ্য উৎপাদন বা করযোগ......hellip;…………………………………………………Petitioner Vs. Customs, Excise and VAT Appellate Tribunal, Jotsna Complex…………………Re..

Category: Fiscal/Taxation Law | Date: 26 Nov, 2007 | Hits: 9

Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)

....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009)  254. ......f Tk. 6,36,84,600/- along with earnest money of Tk. 25,00,000/- by a bank draft dated 28.03.2001 of the Standard Char­tered Bank payable to the Chairman, RAJUK, Dhaka upon fulfilling all relevant terms and conditions. The bid of the added-respondent No.3 was found to be the highest and accord&sh...... (In Writ Petition No.5721 of 1997) Judgment November 15, 2007. Result: The Rules are discharged. Cases Referred to- Government of Bangladesh Appellant Vs. Md. Jalil and others, 15 BLD (AD) 175=49 DLR (AD) 26; Bangladesh Vs. Rehana Kamal and others, 56 DLR (AD) 1; T..

Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6

Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)

....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140.   ......-11-2004 for hearing but on the same day defendant no.4 filed an application under order VII Rule 11(d) of the Code of Civil Procedure for rejection of the plaint stating that as per clause 14 of the terms and condi­tions of the Estate the suit is barred by law. 5. After hearing the learned......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud..

Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3

Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ......রি নং ৩৩৮/৮৮ তাং ১৫/৮/২০০০ আমি রোগি কে ঢাকা মেডিকেল রেফার করি” And that he was admitted in terms of ticket No.3341/88 dated 15-8-2000. P.W.14 , SI Abdul Matin, filed up the first inform......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:..

Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8

Mosharraf Hossain (Md.) Vs. Bangladesh Bank and another, 2007, 36 CLC (HCD)

....find no merit in this Rule. Accordingly, the Rule is discharged without any order as to costs. The order of stay stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008)98. ......ed only by the directions and conditions affixed by FE Circular No.2 of 1997 and other allegations made in the writ petition. The Bank contends that the money changer licence was issued with specific terms and conditions; that the licensed institution must follow the rules and regulations issued by ......n (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mosharraf Hossain (Md.)…………………………………………Petitioner Vs. Bangladesh Bank and another……………………………………………Respondents Judgment September 3..

Category: Banking Law | Date: 3 Sep, 2007 | Hits: 403

BRAC Printers Vs. Chairman, First Labour Court and another, 2007, 36 CLC (HCD)

....arged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 25. ......ere heard analogously and are being disposed of by this common judgment as they do involve common question of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judg......lip;……………………………………………..Petitioner Vs. The Chairman, First Labour Court and another……………………………...

Category: Labour and Industrial Law | Date: 28 Aug, 2007 | Hits: 19

State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)

.... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ......f 3 FIR named accused namely, Faruk Khan, Abul Kalam and Nasir and 7 other accused who were arrested during the course of investigation as suspects. 7. After completion of necessary formalities in terms of the provision of section 339 B (1) of the Code of Criminal Procedure for trial of the absco......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ..

Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26

Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......de of Civil Procedure is that a person is entitled to be impleaded if it is necessary for the determination of real matter in dispute/controversy between the parties and the Court may add him on such terms as the Court thinks just. In the instant writ-petitions the order challenged is the order of c......zlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) ..........Appellant Vs. A Rouf Chowdhury and others.........................Respondents Judgment August 2, 2007. Cases Referred to-..

Category: Property Law | Date: 2 Aug, 2007 | Hits: 114

Roni Ahmed Liton @ Liton Ahmed Roni Vs. State, 2007, 36 CLC (HCD)

.... in any other case. Send down the LCR along with copy of the judgment expeditiously. Ed. This Case is also Reported in:  61 DLR (HCD) (2009) 147,29 BLD (HCD) (2009) 386.  ......he was tortured by co-accused. It is further stated that a salish was held to compromise the matter and it was settled that the accused will pay 60,000 as dowry and also give 5 Kedar of land, but the terms of compromise was not complied with fully. Hence this case. 4. SI Niranjit Kumar Chandra ......ip;….Respondent Judgment June 3, 2007. Result: The appeal is allowed.   The Evidence Act, 1872 (Act No. 1 of 1872); section 101 Presumption of innocence and burden of proof The burden of proof lies on the party who substantially asserts the affirma..

Category: Women and Children | Date: 3 Jun, 2007 | Hits: 14

State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)

.... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ......ed upon 5(five) accused persons namely 1) Yeasin Khan Palash alias Kala Palash alias Kailla Palash, 2) Sujan alias Iqbal Hossain Sujan, 3) Abdul Mannan alias Milon, 4) Lalin (absconding), 5) Mithu in terms of the judgment and order of conviction and sentence dated 08.07.2003 passed in Druta Bichar T......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis..

Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20

Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)

.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......he orders dated 14-11-1982 and 16-8-1983 passed in Miscellaneous Case No.50/82-83 were valid in law. 10. The matter in issue having been based upon absolute law point let us investigate into the terms and conditions as contained in the Kabala deed dated 16-11-1959 and as well as the deed of agr......ourt High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Shamsur Rahman Khalifa......................Plaintiff-Petitioner Vs. Jagodish Chandra and Others.....................Defendants-Opposite Parties Judgment May 27, 2007. ..

Category: Property Law | Date: 27 May, 2007 | Hits: 9

Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)

....t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ...... Present: ABM Khairul Haque J SM Ziaul Karim J Bangladesh, represented by the Secretary, Ministry of Works………… Petitioner Vs. Chairman, First Court of Settlement and another............Respondents Judgment May 6, 2007. Result: The Rule is ma..

Category: Property Law | Date: 6 May, 2007 | Hits: 5

Mohan Meah Vs. Dhaka City Corporation Mayour, Dhaka, 2007, 36 CLC (HCD)

....on of the Corporation. With the above observation, this Rule is disposed off. There will be no order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 927. ......Mahmudul Islam, the learned Advocate for the petitioner, submits that the respondents have entered into a compromise with the Hawkers Association of which the petitioner is a member and as per the terms of the compromise which has become part of this Court's decree in Writ Petition No.32 of 1987.................Respondents Judgment April 29, 2007. Result: The Rule is disposed off. Nature of writ proceedings Writ proceedings are essentially civil proceedings and the substantive rules of the Civil Procedure Code will apply. Rules of procedure, however, shou..

Category: Civil Law | Date: 29 Apr, 2007 | Hits: 2

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

....pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ...... of Order I of the Code, sub-rule 2 of rule 10 of Order I of the Code enshrines that the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the Court to be just, order that the name of any party improperly joined, whe...... cost. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 46. ..

Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......of 2004) be­ing aggrieved by the aforesaid order dated 14.10.2004 passed in Execution Case No.1275 of 2005 moved this Court and obtained the Rule in Writ Petition No.5961 of 2004 in the following terms: 9. "Let a Rule Nisi be issued calling upon the respondents to show cause as to why ......ain Hider J Farah Maybug J Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka ………………Petitioner Vs. Judge, Artha Rin Adalat No.3, Dhaka and others……………………Respondents (Writ Pet..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6