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Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 of the supplementary affidavit dated 10th June, 1999 filed by the petitioners. 2. Mr. Mahmudul Ahsan, learned Advocate for respo......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ..Category: Company Law | Date: | Hits: 235
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....ral—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessions Judge, Court No.3 Dinajpur in Criminal Revision No.92 of......ed. It appears to us that the learned Magistrate actually did not consider the record at all. Inquiry report is part of the judicial record and one of the pieces of the document of the prosecution. A decision regarding framing charge cannot be made in view of the provisions of sections 203 and 241A ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
....ucted by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1154 of 2009. (From the Judgment and order dated 05.02.2009 passed by the High Court Division in Writ Petition No. 2438 of 2004) Order AB...... be challenged before it reaches its finality, either in his exoneration from charges or on imposing a penalty upon him. IV. Whether rule 3 (d) of the High Court Division Rules requires that the decision to suspend a judicial officer and the initiation of a disciplinary proceeding and its conti..Category: Employment/Service Law | Date: | Hits: 73
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 20...... work was going on at the site although the petitioner was legging behind the work plan. The petitioner by letter dated 13.03.2007 and 16.03.2007 informed the progress of works and he was expecting a decision about the slope protection work. In the meantime, respondent No.5 asked the petitioner to g..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
.... Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 10744 of 20......ve, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 277. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
.... Mrs. Nahid Yesmin, Deputy-Attorney General (Appeared with the leave of the Court)-For the Respondents. (In all the appeals) Civil Appeal Nos. 102-122 of 2000. (From the judgment and order dated 03.06.1998 and 12.01.1998 passed by the High Court Division in Writ Petition Nos.1015, 1016, 1......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....d by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-For Respondent Nos. 7-43. Civil Petition for Leave to Appeal No. 389 of 2009. (From the judgment and order dated 20.10.2008 passed by the High Coin Division in Civil Revision No.1118 of 2004.) Order SK......ecree and allotted a saham of .9823 acres of land. On a revision petition filed by the defendants, a Single Judge of the High Court Division remanded the suit to the lower appellate Court for a fresh decision. Thereafter, the Court of appeal below by judgment and order dated 13th April, 2009 decreed..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
...., Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007...... to prove settlement of the suit land from Abani Mohan Roy Chowdhury, and the Rent Suit was maintainable in view of the provision of Section 68C of the State Acquisition and Tenancy Act, 1950 and the decision reported in 31 DLR (AD) 323, which could not be placed before this court at the time of hea..Category: Property Law | Date: | Hits: 80
....ior Advocate with him, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners.
Not Represented-the Respondent.
Civil Review Petition No.137 of 2008.
(From the Judgment and order dated 14.07.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1768 of 2007)
......ent and decree passed by the High Court Division in appeal, they should be permitted to challenge the said decree before this Division. In support of his contention the learned Advocate relies on the decisions made in H.M. Saya & Co. Vs. Wazir Ali, 21 DLR (SC) (1969) 50 and Bangladesh Bank Vs. t..
Category: Limitation Law | Date: | Hits: 165
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....t Siddiqur Rahman Miah J. - This revisional application under section 115(1) of the Code of Civil Procedure at the instance of defendant No. 1 appellant is directed against the judgment and decree dated 20-1-2002 passed by the learned Additional District Judge, Court No. 3, Kishoreganj, in the Ot......quently, the impugned judgment does not suffer from any illegality or legal infirmity to justify interference by this Court in revision. 17. The learned Advocate for the opposite parties cited the decisions in the case of Chan Mohamood (Md.) and others Vs. Md. Hossain Ali being dead his heirs 1(K..Category: Property Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
.... imposition of death penalty upon condemned prisoner. 17. In the discourse made above, the conclusion that flows is: Death Reference No. 15 of 2002 is accepted. Judgment of conviction and sentence dated 14-5-2002 recorded by Nari-o-Shishu Nirjatan Bishesh Adalat in Nari-o-Shishu Case No. 140 of 1......ed by prosecution and on the basis of such circumstances reached conclusion that condemned prisoner was the; offender who killed his wife victim Kohinur Khatoon. We are in complete agreement with the decision rendered, reasons counted in rendering decision and conclusion reached by Bishesh Adalat in..Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....y referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for commission of the offence under sections 1......s along with the said tenants (Mehedi and others) held a meeting in that rented house at Lal Dighir Par, and decided to cause bomb blast in the Jhalakati and Barguna Court area. For execution of this decision, the said Moaz, Mahmood, Mehedi and Arif shifted to Jhalakati and rented a house at Krishna..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....rney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet i....... But their attendance could not be procured. There was, however, consistent evidence of the police witnesses about recovery of firearms and ammunition from the possession of the jail appellant. In a decision in the case of Abdul Razzak Talukder Vs. State reported in 51 DLR 83 a Division Bench of th..Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....pital, Lakshmipur and on that day (16-12-98) constable No. 10 Faridul Alam brought the dead body of Abdul Khaleque, aged about 35 years, to him in connection with Lakshmipur Police Station Case No.17 dated 16-12-98 and identified the same to him and thereafter he (PW 6) held an autopsy on the dead b......oners by PW 1 Rahena Akthar and PW 3 Jharna Begum becomes nugatory and, in this circumstances, the condemned prisoners are entitled to acquittal. In support of his contention he has cited a number of decisions namely, Shahidullah and another Vs. State reported in 1987 BLD (AD) 27, PLD 1960 (Dhaka) 6..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
.... Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. ...... delaying the proceeding of the suit. He further submits that the learned District Judge, having erred in law as well as in fact, illegally passed the impugned order committing an error of law in the decision occasioning failure of justice. 8. Mr. Shamim Khaled Ahmed, the learned Advocate appeari..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
.... of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of 1999 dismi......asons and consequently the impugned judgment does not suffer from any irregularity or legal infirmity to justify interference by this revisional Court. 10. The learned Advocate has relied upon the decision in the case of Mst. Sughre Begum Vs. Miah Mohammad Din reported in PLD 1950 WP (Lahore) 441..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....f Class-IX, was murdered in her bed room in the downstairs. Her father Shameem Latifur Rahman (PW 2) in that very night lodged an first information report which was recorded as Gulshan PS Case No. 73 dated 24-4-1998 under sections 302/34 of the Penal Code. In that first information report a suspicio......neen, on 3-4-1998, disclosed the bathroom incident to her elder sisters and after ¾ days also to their husbands when they reached the Tea Garden on 7-4-1998. The sisters and the said husbands took a decision to report the matter to PW 2 Latifur Rahman scheduled to return from Shillong, India on 18..Category: Criminal Law | Date: | Hits: 70
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....nt Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the defendant-respondents is directed against the judgment and decree dated 24-7-2000 passed by the learned Additional District Judge Jhalakati, in Title Appeal No. 106 o......r of rent and Rupsha Fakir auction purchased the said land and the auction sale was acted upon, but the learned lower appellate Court misconceived and misunderstood that fact and came to an erroneous decision without considering the evidence of PW and DWs and the documents filed by the contesting de..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....er, one after another, and now dispose of them by this judgment. FA No. 303 of 2000 Third Defendant, the Korea Exchange Bank (KEB), Seoul, Korea, presented the appeal against the decree dated 2‑11‑1999 passed by Subordinate Judge and First Commercial Court at Dhaka in Title Suit No...... i.e. dates on which first defendant undertook unconditionally to pay third defendant KEB. 45. It also contended that first defendant ABBL had reasonable time to examine the documents and take decision either to accept or reject the documents. The allegations of fraud was made for the first t..Category: Business or Commercial Law | Date: | Hits: 289
AM Ziaul Hoque Vs. Government of the People's Republic of Bangladesh and others, 2004, 33 CLC (HCD)
....d the Rule would become infructuous. Accordingly, we heard the Rule on merit. 2. Rule was issued to show cause as to why the impugned order issued by the respondent No. 3 vide Letter No. 06.39 dated 02-10‑03 cancelling the order of appointment/promotion of the petitioner to the post of Mark......iginal post at any time by the authority and for such reversion he cannot rush to the Court of law and the Court will not set aside such order and in support of his contention he placed before us the decision in the case of Pakistan Vs. Quazi Syed Hikmat Hossain reported in PLD 1959 (SC) 107. The le..Category: Employment/Service Law | Date: | Hits: 66
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