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Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....ed Kingdom and it holds almost absolute majority (82.9%) of the share holder of respondent. The documents on record show that the nature of business of respondent-o.p. is similar to that of U.K. principle the U.K. entity appoints majority of the board of directors as senior employees. The ......eckitt Benckiser (Bangladesh) Ltd. is exercised by Reckitt Benckiser P.L.C. U.K. So, it can be safely held (sic) that the Arbitration between Oram Ltd, and Reckitt Benckiser (Bangladesh) Ltd. is International Commercial Arbitration because arbitration relates to a dispute out of a legal relatio......arty Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: Rafique-ul-Huq with Ahsanul Karim, Faheemul Huq and Khairul Alam Chowdhury- F..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....under which confession was made and to ascertain whether it is true and voluntary……………………(49) Principle of criminal law The cherished principles or golden thread of proof beyond reasonable doubt which runs through the web of our law f......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......abu Khan Vs. State, 55 DLR 547; Abdur Rashid Vs. State, 27 DLR (AD) 1; State Vs. Mozam @ Mozammel, 9 BLC 163; State Vs. Sabir Mia, 11 BLT 294 = 8 BLC 235; Asiman Begum Vs. State, 51 DLR (AD) 18. Lawyers Involved Kazi Sajawar Hossain with Tofique Sajawar, Advocates — For the App..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
.... former relates to and affects particular persons or things; it operates upon a selected class, rather than the public generally. Relation between a general law and a special law is Government by the principle known as "Genemlia specialibus non derogant" which in English means "general words do not ....... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......368; Jogesh Chandra Dutta Vs. Government of Bangladesh, 30 DLR 219; Rafiqul Alam Vs. Mostafa Kamal, 42 DLR (AD) 137; Kamruzzaman Vs. State, 1990 BLD (AD)190; State Vs. Waliur Rahman, 40 DLR 346. Lawyers Involved: Sheikh Atiar Rahman, Advocate - For the AppelÂlants. Md. Ziaur Ra..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....er has an alterÂnative and efficacious remedy by way of appeal.........The petition is dismissed." 18. In the case of Gazi M Towfic Vs. Agrani Bank reported in 54 DLR (AD) 6, where the principle has been laid down in the following terms: "The law is now settled that since sp......sult, the Rule is discharged withÂout any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......s. Tafazzal Hosaain, 44 DLR (AD) 260; Mir Motiur Rahman Vs. Artha Rin Adalat, 15 BLT (AD) 267; Arfanuddin Akank Vs. Artha Rin Adalat, 15 BLT 343; Sujit Kumar Mondal Vs. Bangladesh, 13 BLC 391. Lawyers Involved: MR Hasan, Advocate - For the Petitioner. Md. Mozibur Rahman Miah, Advo..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....ire Family Suit No.415 of 2008 decidÂing that the father's custody is the better cusÂtody for the minor girl Radyna Karim which can not be sustained as the same is made conÂtrary to the age old principle of justice delivÂery system. 19. In a bid to reply the argument of Mr. A.K.M. Nazrul...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... 1 BLC (AD) 67; Smt. Imtiaz Bano, Vs. Masood Ahmad Jafri and others, AIR 1979 Allahabad -24; Mst. Zohra Begum Vs. Sh. Latif Ahmad Munawwar, 17 DLR (WP) 134; Rajina Vs. Gyngill, 1993 2 QBD 232. Lawyers Involved: A.K.M. Nazrul Islam with Md. Shohrowardi Advocate-For the Petitioner. M..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
....aside the order passed by the petitioner which is illegal and without lawful authority. He further submits that the Labors Court only can see whether the Inquiry Officer acted unfairly or against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ...... Labors Court, 57 DLR (AD) 196; Mohd Abdun Noor Vs. Platinum Jute Mills Limited, Bangladesh Supreme Court Reports (1978) 467; Ayesha Salahuddin Vs. Chairman, Second Labors Court, 32 DLR (AD) 68. Lawyers Involved: MA Mannan, Advocate — For the Petitioner. Md. Khurshid Alam Khan, Advo..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....annot be held at the moment that fresh trial by competent Court will be useless exercise. There is no extenuating circumstance for taking a lenient view in exonerating the accused. So, in view of the principle of law enunciated in the afore-mentioned case [51 DLR (AD) 18] in the instant case fresh t......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......(AD) 33; Firoz Miah Vs. State, 51 DLR 37; State Vs. Eunus Kha, 5 BLC 353; State Vs. Bahar Miah, 56 DLR 454; State Vs. Md. Abu Taher, 56 DLR 556; Abdul Kader Vs. State, 11 BLC 669; 44 DLR (AD) 260. Lawyers Involved: Zahirul Hoque Zahir, Deputy Attorney-General with ABM Mahbub Suman, Assistant A..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......Niranjan Chowdhury, 43 DLR (AD) 108; Jatindra Kumar Chakrabarti Vs. Chandra Kumar, 38 CWN 616; Nurul Hossain Mallik Vs. Mihilal Sheikh, AIR 1945 Cal. 144; Babu Hoque Vs. Lal Jan Bibi, 8 DLR 362. Lawyers Involved: Md. Abdur Razzaque, Advocate - For the Petitioner. Mahbubey Alam with Ab..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ......rands of finished products manufactured by Unilever Bangladesh Limited namely, Powder Wheel, Wheel Washing Powder, Wheel Power White, Surf Excel, Lifebuoy, Lifebuoy Gold, Lifebuoy Liquid Gold, Lux International, Vim, Vim Dish Wash Liquid, Lipton Yellow Label, Lipton Taaza, Sunsilk, Clear Shampoo...... Chairman, National Board of Revenue and others………………Respondents Judgment June 11, 2008. Result: These Rules are made absolute without any order as to cost. Lawyers Involved: Omar Sadat, Advocate — For the Petitioner. Sathika Hussain, Assista..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....red those shares. Arguing that predicated on the fact that an intervention by this Court in the form of an order condoning the delay in holding of AGMs operates under the "condonation reÂversion" principle and that a condonation of delay has the primary retrospective effect of a company's inter......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......sed of with directions and observations. Cases Referred to- Satish Chandra Banik Vs. Dhaka Jute Mills Ltd., PLD 1968, Dacca, 610; Ghyasuddin Ahmed Vs. Faruque, 38 DLR (AD) 1986, 296. Lawyers Involved: Dr. M. Zahir, Senior Advocate with Bashir Ahmed, Advocate and MuhamÂmad Sha..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......al Commissioner, Dhaka Division and Others, (1989) 41 DLR 326; Bangladesh, represented by the Secretary, Ministry of Land Administration Vs. Subash Chandra Das and Others, (1994) 46 DLR (AD) 63. Lawyers Involved: Khondker Mahabubuddin Ahmed with Prabir Halder-For the Petitioner (In Writ Pe..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......ases Referred to- Shafiqul Islam Shimul (Md.) Vs. Bangladesh, (2004) 56 DLR 239; Monsur Ali (Md.) and other Vs. State, (2003) 55 DLR (AD) 131; Alamgir (Md.) Vs. State, (1998) 3 BLC (AD) 72. Lawyers Involved: Rafiq-Ul Huq with Md. Azizul Hoque, Faheemul Huq, Ahsanul Karim-For the Petit..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....t with the aforesaid decision. 14. We have gone through the decision reported in 44 DLR (AD) 260 as referred by the learned Counsel for the petitioner, we are in respectful agreement with the principles enunciated therein but the facts leading to that case are quite distinguishable to that ......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......nk Limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260; Noor Jahan Begum an another Vs. State, represented by the Deputy Commissioner and another, 49 DLR (AD) 106=2 MLR (AD) 34. Lawyers Involved: Saifur Reza, Advocate-For the AcÂcused-Petitioner. Osman Gani, Assistan..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mst. Parvin Rahman Vs. Moniruzzaman and others, 2008, 37 CLC (AD)
....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: 16 BLT (AD) (2008) 311.......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: 16 BLT (AD) (2008) 311.......san Ameen J Mst. Parvin Rahman…………......Petitioner Vs. Moniruzzaman and others…………...Respondents Judgment June 5, 2008. Result The petition is dismissed. Lawyers Involved: S. N. Goswami, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record..Category: Women and Children | Date: 5 Jun, 2008 | Hits: 109
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ...............................................Respondent Judgment June 4, 2008. Result: The appeal is allowed. Case Referred to- Md. Amir Hossain Vs. State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Advocate - For the Convict-Appellant. Osman Gani, A..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
.... prohibition on the promotion of the writ-petitioner respondent to the post of Superintending Engineer as a right has already accrued to him under BADC Service Regulations, 1968." 13. The principle expressed in the above case applies to the case in hand as when the petitioners joined t......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......23 BLD (AD) 147; Bhagat Ram Sharma Vs. Union of India and Others, AIR 1988 SC 740; Bangladesh Biman Corporation and Others Vs. Md. Yousuf Haroon and Others, Civil Appeal Nos.37 and 38 of 1999. Lawyers Involved: Rokanuddin Mahmud with Mustafizur Rahman-For the Petitioners. Abdur Raz..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment June 4, 2008. Result: The Appeal is allowed. Case Referred to- Md. Amir Hossain Vs. The State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Advocate-For the Convict-Appellant. Osman Gani, Ass..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....been put into possession of their respective saham pursuant to the final decree passed in the previous suit there is no scope of re-opening the matter so, the instant suit is clearly barred by the principle of res judicata within the meaning of section 11 of the Code and, as such, the plaint wa......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......he court will see the contents of the application and it can give a relief under the appropriate law even if a wrong provision of law is quoted or mentioned………………………….(8) Lawyers Involved: JN Dev with Khair-un-nessa, Fouzia Afrin and Chanchal Kumar Biswas, Advocate..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....he observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-pe......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......g dead his heirs Humayun Kabir & others Vs. Sultan Miah & others, 2 BLT, 139; Kannikandath Kizhe Purakkal Vella's son, Thayyam Vs. Kannikandath Kizhe Purakkal, AIR 1935, Madras, 458. Lawyers Involved: Faruque Ahmed-For the Petitioner. Sheikh Muhd. Serajul Islam-For the Opp..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....n the observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-p......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......eing dead his heirs Humayun Kabir & others Vs. Sultan Miah & others, 2 BLT 139; Kannikandath Kizhe Purakkal Vella's son, Thayyam Vs. Kannikandath Kizhe Purakkal, AIR 1935, Madras 458. Lawyers Involved: Faruque Ahmed-For the Petitioner. Sheikh Muhd. Serajul Islam-For the Opp..Category: Property Law | Date: 26 May, 2008 | Hits: 7
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