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National Oxygen Limited and others Vs. Additional District Judge and Bankruptcy Court, Chittagong and another, 2004, 33 CLC (HCD)

....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously. The order of stay granted earlier by this Court Ed. This Case is also Reported in: 57 DLR (2005) 716. ...... Oxygen Limited and others…………………………………………Petitioners Vs. Additional District Judge and Bankruptcy Court, Chittagong and another……………Respondent..

Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9

Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)

....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......97 making the Rule absolute.  2. The facts, leading to this petition, are that the leave‑petitioner as plaintiff instituted Title Suit No.37 of 1994 in the Court of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death..

Category: Civil Law | Date: 8 May, 2004 | Hits: 825

Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)

....allowed. The trial Court is directed to proceed with the trial of Title Suit No. 4 of 1995 and to dispose of the same expeditiously.  There is no order as to costs.  Ed. ......r 9, 1996 of a Division Bench of the High Court Division in Civil Revision No. 3244 of 1995 making, the Rule absolute upon setting aside the order dated May 9. 1995 of the Court of 1st Subordinate Judge (now Joint District Judge) Narsingdi, in Title Suit No. 4 of 1995 rejecting the application ..

Category: Property Law | Date: 27 Apr, 2004 | Hits: 102

Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)

....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......Division Bench of the High Court Division in First Miscellaneous Appeal No. 133 of 1991 allowing the same upon reversing the judgment and order dated February 20, 1990 of the 1st Court of Subordinate Judge(now Joint District Judge), Chittagong, in Miscellaneous Case No.315 of 1988 allowing the same ..

Category: Property Law | Date: 25 Apr, 2004 | Hits: 42

Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......ry 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge and S.C.C. Judge, Sadar, Kushtia. The Rule was obtained against the judgment and decree dated ..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....d dated 22‑6-­2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ...... 48 of 2001. Judgment Md. Abdur Rashid J.- Defendant No.2 Executive Engineer LGED at Rangpur presented the appeal against an order dated 16‑8‑2000 passed by Second Court of Subordinate Judge at Dhaka in Title Suit No.134 of 1997, which refused to set aside the award dated 22‑6‑200..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert.  Ed. ......ainst the judgment and decree dated 25‑6­2001 passed by the High Court Division in appeal from Original Decree No. 344 of 1999 allowing the appeal reversing those of the learned Subordinate Judge, First Court, Comilla in Title Suit No. 92 of 1991 dismissing the suit.  2. The pl..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....discussions made hereinabove we find merit in the appeal.        Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......g to the provision of Article 31 of the Constitution.  14. The respondent No. 1 was appointed to conduct hearing of Session Case No. 120 of 1993 in the 3rd Court of Additional Sessions Judge, Dhaka and that later on by the letter impugned in the writ petition his appointment as Speci..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

.... 9. In view of our discussions made hereinabove we find no merit in this appeal.  The appeal, accordingly, is dismissed.  There is no order as to costs.  Ed. ......nuddin along with another Advocate Mr. Abul Hossain Talukder was appointed Special Public Prosecutors to conduct hearing of the Sessions Case No. 120 of 1993 of the 3rd Court of Additional Sessions Judge, Dhaka. The appointment was made by the Ministry of Law, Justice and Parliamentary Affairs (S..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....on in quashing the proceedings of the special cases. 32. In the background of our discussions made hereinabove we find merit in all these appeals. Accordingly, the appeals are allowed. Ed. ...... No. 1032 of 1996 quashing the proceedings of Special Case Nos. 3 of 1995 (Bogra), 23 of 1994 (Bogra), 22 of 1994 (Bogra), 25 of 1994 (Bogra) and 13 of 1995 (Bogra) of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi. 2. Facts, in short, are that on 11‑10‑92 an Assistant In..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

....e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject.  The petition is, accordingly, dismissed.  Ed. ......th sentence of the petitioner dismissing his Criminal Appeal No. 862 of 2000 against the conviction under section 302 of the Penal Code and death sentence awarded on him by the Additional Sessions Judge, 1st Court, Khulna in Sessions Case No. 8 of 2000 arising out of Khulna PS Case No. 23 dated ..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed....... the High Court Division. A Division Bench of the High Court Division heard the appeal and allowed the same upon observing "the lacuna, we find, in the disposal of the suit by the learned Subordinate Judge is that he ought to have himself examined the alleged signatures of the defendant No. 1 in vie..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance.  Accordingly, the petition is dismissed.  Ed. ......nbsp; 5. The learned Counsel for the petitioner urged the following grounds in support of the petition for leave to appeal:      I. For that the learned Judges of the Hon'ble High Court Division erred in law in summarily rejecting the Writ Petition ..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

.... In the result, the Rule is made absolute with the above observations and directions. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 741.   ...... emphasis on the employer-employee relations. (d) If the organisation is a trade-or business it does not cease to be one because of philanthropy animating the undertaking." The learned Judge devised the following tests: "IV. The dormant nature test: (a) Where a complex ..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 15‑4‑03 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.229 of 2002, which allowed an application of a third par..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......nability to pay its debts is not maintainable. It is the position within out jurisdiction. It is now well settled even within our jurisdiction as it appears from various decisions of both the Company Judge and the Appellate Division that if there is a bona fide dispute about debt then that cannot be..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)

....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......sent: SJR Mudassir Husain CJ Md. Fazlul Karim J Md. Tafazzul Islam J Jalil Brothers and ors...................Appellants Vs. Humayun Majid and ors................Respondents Judgement February 18, 2004. The Bangladesh Abandoned Property (Control, Management & Di..

Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133

State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)

....Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277.   ......umbed to injuries at Jessore General Hospital. 6. Wife Anjuara Khatun having been indicted and charged for offence of section 302 of the Penal Code faced trial before learned additional Sessions Judge. Second Court, Jessore in Sessions Case No.182 of 1999. 7. Prosecution to bring home culp..

Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7

Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)

....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for.  Accordingly, this leave petition is dismissed.  Ed. ......the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-­1996 passed by the learned Additional District Judge 1st Court Kushtia in Title Appeal No. 84 of 1990 and restoring the judgment and decree dated M..

Category: Property Law | Date: 11 Feb, 2004 | Hits: 127

Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)

....h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... 2002 of a Single Bench of the High Court Division in Civil Revision No. 3779 of 1995 discharging the Rule obtained against the judgment and order dated July 5, 1995 of the Court of Senior, Assistant Judge, Sadar Comilla, in Small Cause Court Suit‑No.6 of 1992 dismissing the same. 2. The ..

Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209