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Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)
....r Respondent Nos. 18 (In Civil Appeal No.321 of 2008). Not represented- Respondent No.19-21 (In Civil Appeal No.321 of 2008). Civil Appeal Nos. 319-321 of 2008. (From the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 heard analogous w......ng the said 20th, 21st and 22nd AGMs. Pursuant to the said condonation of delay by the High Court Division, the Board of Directors of the respondent No.18 company vide resolution dated 6.12.2007 took decision to hold the 20th, 21st and 22nd AGMs on 10.01.2008. The record date for the said 20th, 21st..Category: Company Law | Date: | Hits: 191
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....unction and compensation with a prayer for temporary injunction to restrain the defendant from taking over the possession of the aforesaid vessel, namely, MV. Hemayetuddin and this Court by its order dated 2nd April, 2002, issued a notice upon the defendant to show cause as to why an order of tempor......on whether the plaintiff has a right of passage over a piece of land which is being claimed by the defendants as their land is essentially a personal one and it has been submitted to the Court for it decision on the question. Acceptance of the verdict of the Court on a certain dispute, subject to th..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Moulana Fariduddin Ahmed and another Vs. Md. Kolimullah and others, 2001, 30 CLC (HCD)
.... arises out of Title Suit No. 50 of 1990, which was re‑numbered as 26 of 1992, Opposite Party No.1 Md Kalimullah instituted the suit for declaration that the registered deed of lease being No. 5679 dated 18‑5‑65 executed by his father late Ahidullah in favour of the petitioner Moulana Faridudd......he trial Court dismissed the suit of the petitioner. Appellate Court appears to have considered no oral evidence at all. The conclusion of the appellate Court on possession is influenced by its wrong decision on the deed of lease. Such finding on possession based on total non‑reading of the eviden..Category: Property Law | Date: | Hits: 27
Bhola Vs. State, 2001, 30 CLC (HCD)
....y-General‑ For the State. Criminal Appeal No. 673 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of accused appellant Bhola against the judgment and order dated 29‑10‑1991 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 c...... other accused persons might have gone there but this fact does not indicate that they were involved in the commission of murder of the deceased. In this connection the learned Advocate referred to a decision reported in 33 DLR 320, Ismail Sarker alias Sudan Member and others Vs. The State: Wherein ..Category: Criminal Law | Date: | Hits: 41
Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)
.... being disposed of by this Judgment. 2. In these Rules the petitioner Company "Hotel Agrabad Ltd." (hereinafter called the petitioner Company) has called in question the judgment and order dated 31-12-91 passed in IRO Case Nos. 78 and 79 of 1984 by the First Labour Court, Chittagong where......at the IRO cases are maintainable. 9. In this connection, it may be said that although the learned Labour Court arrived at a correct finding but its reasonings are not happy but its ultimate decision is correct and we maintain the same. In that view of the matter, we do not find any scope t..Category: Labour and Industrial Law | Date: | Hits: 121
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....tion 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising out of Dighalia Police Station Case No.8 dated 31-1-2007, under section 25 of the Special Powers Act, 1974 now pending in the Court of Magist......tal principles of judicial procedure. 11. Mr. Huq also referred to the case of Jamil Hoque and 11 others vs. Bangladesh reported in 34 DLR (AD) 125. In that case upon consideration of several decisions from different jurisdictions of the Subcontinent including All India Reports it was observ..Category: Criminal Law | Date: | Hits: 50
Abdul Malek (Md) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... Writ Petition No. 1558 of 1997. Judgment Zinat Ara J.- In this Rule, the petitioner calls in question the legality of the order bearing Memo No. JFCI/BIPINON-27/FMC (Sherpur) 146 dated 13-21997 passed by the General Manager (Commercial) on behalf of the Managing Director, Jamu...... 5. Respondent Nos. 2, 3, 4 and 5 have appeared and opposed the Rule by filing a joint affidavit-in-opposition denying the assertions made in the writ petition contending, inter alia, that as per the decision of the District Monitoring Committee dated 14-12-1996, the godown of eight dealers at Sadar..Category: Civil Law | Date: | Hits: 74
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
....he Opposite Party. Civil Revision No. 670 of 2002. Judgment Zinat Ara J.- This Civil Revision under section 25 of the Small Cause Courts Act, 1987 is about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensin....... The Court below failed to appreciate this legal aspect of the case in accordance with section 10 read with section 151 of the Code and thereby committed an error of law resulting in an error in the decision occasioning failure of justice. 10. In view of the above, the Rule is made absolute...Category: Property Law | Date: | Hits: 37
Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)
.... Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memorandum...... the appeal filed against the conviction to give him an opportunity so that he can explain his position and come out of the conviction. In support of his submission the learned Advocate relied on the decision reported in 4 BLT 124, In that decision this Court condoned the delay of 1649 days on the g..Category: Criminal Law | Date: | Hits: 36
Mozam and others Vs. State, 2006, 35 CLC (HCD)
....nt SM Ziaul Karim J.- This appeal, at the instance of convict-appellants namely (1) Mozam, (2) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 168-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Jes......im was not corroborated by any independent evidence and as such, the same cannot be relied. According to him, the learned Judge of the trial Court evidently fell in an error in coming to his ultimate decision occasioning failure of justice. 10. Mr. Sheikh Rezaul Karim, the learned Assistant A..Category: Criminal Law | Date: | Hits: 82
.... Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judgment and decree dated 29-22000 passed by the learned Additional District Judge, Court No. 3, Khulna in Title Appea......nce a property comes within the definition of 'enemy property' within the period of 6-9-65 to 16-2-69 subsequent taking over of such property is permissible, but not otherwise."
17. From the above decision of the Appellate Division, it is clear that if a property assumed the character of 'enemy p..
Category: Property Law | Date: | Hits: 27
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....te Additional Commissioner of Taxes upon hearing the appeal allowed the same in part and reduced disallowances from profit and loss account and estimated receipts out of several accounts by his order dated 31-12-2000. Against the order, the Deputy Commissioner of Taxes presented an appeal before the......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268...Category: Fiscal/Taxation Law | Date: | Hits: 63
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....dique with Munshi Md. Ali, Advocates—For the Opposite Parties. Civil Revision No. 990 of 2004. Judgment Shahidul Islam J.- This Rule is directed against the judgment and decree dated 24-3-2004 passed by the learned Joint District Judge, 3rd Court, Khulna in Title Appeal No. 45......d lastly, that the judgment and decree impugned in this Rule being the judgment of affirmance there is nothing to interfere by this Court in revision. In support of his submissions he relied upon the decision reported in 22 DLR 655, 27 DLR (SC) 138, 17 DLR (SC) 315, 37 DLR (AD) 361 and 48 DLR 579 pa..Category: Property Law | Date: | Hits: 34
....e as to why the provisions in the Police Officers (Special Provisions) Ordinance as in (Annexure-'L') should not be declared to be ultra vires the Constitution and why the impugned order of discharge dated 14-2-2004 as in Annexure-F and all subsequent actions taken should not be declared to have b...... authority to pass the impugned orders but instead of them, the Commissioner-in-charge of Police KMP and Additional Inspector General of Police passed the impugned orders of discharge and appellate decision but they were not authorised by law to pass the same.
6. Regulation No. 861 has provided..
Category: Employment/Service Law | Date: | Hits: 67
Anwara Begum Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) passed by the First Court of Settlement, Banglade......doza, Advocate—For Respondent No. 1. Petition No. 6137 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned decision dated 24-10-2001 (Annexure-F to the Writ Petition) passed by the First Court of Settlement,..Category: Property Law | Date: | Hits: 40
Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)
....351 of 2006. Judgment Md. Abdul Hye J.- This Rule under section 439 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the judgment and order dated 2-8-2005 passed by Metropolitan Additional Sessions Judge, 4th Court, Dhaka in Metropolitan Cr......ng the judgment dated 6-8-2001 is not at all legal and proper and, as such, the Rule should be made absolute and appellant-petitioner be acquitted. In this connection, learned Advocate has cited some decisions reported in 1994 BLD 167 = 45 DLR 578, 45 DLR (AD) 27, 9 DLR (SC) 14, 34 DLR 320, 16 DLR (..Category: Criminal Law | Date: | Hits: 40
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....que, Advocate—For Respondent No. 5. Writ Petition No. 4190 of 2005. Judgment Md. Awlad Ali J.- This Rule was issued calling upon the respondents to show cause as to why the notice dated 13-6-2005 published in the daily Jugantar by the respondent No. 6 (Annexure-Dl) demanding Taka......espondent No. 6 company is that the company is the licensee of the government selling the SIM Cards. The company's function is regulated by the government under the provision of law. He had cited two decisions in support of his contention. One is in the case of Zakir Hossain Munshi vs. Government of..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)
....005 and it was returned with endorsement "insufficient fund." The complainant issued legal notice on 5-6-2006. The accused petitioner acknowledged the notice by a letter on a pad of his business firm dated 20-6-2005 and disclosed that he is willing to repay the loan for maintaining a good business r......lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ..Category: Criminal Law | Date: | Hits: 50
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....05. Judgment Md. Abdur Rashid J.- Vendor (seller) obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, whic...... reconveyance. Upon such view, the trial Court rejected the application for preemption. 10. On appeal therefrom at the instance of the preemptor, the appellate Court mainly on the basis of two decisions, namely, Md. Sukur Ali vs. Suresh Chandra Barman and others, 1984 BLD (AD) 219 and Shafi K..Category: Property Law | Date: | Hits: 28
Khalilur Rahman Vs. State, 2007, 36 CLC (HCD)
....t is neither true nor voluntary. The defence case of Ayub Ali is that he has got long standing enmity with the informant and the other witnesses, and that he is known to the informant from before the date of occurrence and therefore, his identification by the informant is meaningless. 7. We h......d Additional Sessions Judge has committed error of law in convicting him in the absence of any other corroborating evidence on record. In support of his contention the learned Advocate has cited some decisions of the cases of Mahidur @ Mahidul Islam and others vs. State, 1983 BLD 162, Md. Azad Sheik..Category: Criminal Law | Date: | Hits: 38
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