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....to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
......o adjudicate any question arising out
of to exercise power
under the provision of section 193. Section 2(d) of the Companies Act, 1994,
which conferred power upon the Company Bench, has categorically provided that
in order to exercise power in respect of adjudicating any dispute respecting......rar of the Joint Stock Companies in between the parties has to
be resolved by the Company Bench under the revision of section 193 of the
Companies Act. 1994 and therefore that being the efficacious remedy this Rule
is liable to be discharged.
9. The learned Senior Counsel Mr. Shafiq
Ahmed f..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....preme Court holding effective consultation (recommendation) with the Commission headed by the Chief Justice to protect the integrity of the Apex judiciary. 31. Considering the present system, an alternative mechanism be devised, which will ensure that competent and efficient personnel are appoi...... SC 710, 725, Peergada Kazi Shariatulla and others vs. Bangladesh in Writ Petition No. 2207 of 2008; M Shamsul Huque and others vs. Bangladesh and others in Writ Petition 4300 of 2008; Bhagat vs Emperor: AIR 1931 PC 111; Emperor vs. Bencari Lai (Lord Chancellor): AIR 1945 PC 48; Lakhi Narayan Das vs......hat the situation that existed at the relevant time certainly demanded a change and transparency in the whole process of the appointment of the Judges of the Supreme Court. An effective and immediate remedy to meet such popular demand was echoed in every public perception. What more is required to p..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
....s social welfare agencies must be considered. 6. Where the best interests of the child demands its separation from its parents, special protection and assistance must be provided and there must be alternative care for the child. 7. Steps must be taken to assist the parents to mend their ways a...... is the duty of this Court and all other Courts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that chil......y the Department of Social Services. With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... (1) of section 42 of the Act but returned the application filed by the petitioner to it no appeal would lie before this court as contemplated in section 48 of the Act, so the petitioner had no other alternative but to file the revision application before this court and in the facts and circumstance...... 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- For the Petitioner. Amirul Islam with, Tania Amir and Anwar Patwary- For the Opposite Party. ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... 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. ......Vs. Nasima Khatun and another……………………….....Respondents Judgment June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesfor......e of Managing Director, Rupali Bank Vs. Tafazal Hossain reported in 44 DLR (AD) 260 wherein it has been held — "Special Law Relation between general law and special law—availability of remedy—if any legal remedy is ordinarily available under both general law and special law, the rem..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)
....est passed by the Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) Where an alternative statutory remedy is available, an application under Article 102 of the Constitution may......stitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the statute fo......a Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) Where an alternative statutory remedy is available, an application under Article 102 of the Constitution may not be entertained to..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....on 193 of the Code of Criminal Procedure. So in this case the conviction under section 11 (Ka) of the Ain cannot be converted to section 302 or 304 of the Penal Code. Therefore, there is no other alternative but to send the case to the Magistrate having jurisdiction to take cognizance of the off......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 Attorney-General - For the State. Md. Hafizur Rah......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. ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)
....he petitioner company as well as the same attempt shall ultimately effect the revenue collection of the country. The petitioner, being one of the highest tax payers of the country, finding no other alternative and efficacious remedy moved these writ petitions before this Court and obtained the p.......Petitioner Vs. 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. Sa...... as the same attempt shall ultimately effect the revenue collection of the country. The petitioner, being one of the highest tax payers of the country, finding no other alternative and efficacious remedy moved these writ petitions before this Court and obtained the present Rules. 5. Mr. Oma..Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9
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. ......pecial Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Ashfaqul Islam J Tasmima Hossain..................................................Petitioner Vs. Anti-Corruption Commission, represented by its Chairman, Head Office: 1 Segunbagicha, Dhaka and others&hel......r was admittedly never asked by any court or any process to appear before any Court or Tribunal in connection with any case. A 'fugitive from justice' cannot be allowed to seek any redress or remedy under the criminal administration of justice. But such concept 'fugitive from justice'..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....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. ......volving the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. The Special Court under The Emigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code far less ......irector, Rupali Bank Limited and others Vs. Tafazal Hossain and others reported in 44 DLR (AD) 260 wherein it has been held: "Relation between general law and special law availability of remedy if any legal remedy is ordinarily available under both general law and special law, the reme..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
....earned Magistrate by the order dated 2941-2007, rejected the said application considering that the petitioners were granted ad-interim bail by the High Court Division. He adds that finding no other alternative he filed the application for cancellation of bail before this Court. The learned Couns......……………Opposite party Judgment May 13, 2008. Result: The Rule is made absolute. Cases Referred to- Harun Howlader Vs. The State, 36 DLR 21; The Public Prosecutor Vs. George Williams alias Victor, AIR (38) 1951 Madras 1042-1952 Criminal Law Journal 213. ......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....y snatched away her sister, Shikha Rani, from her rickshaw and compelled the victim to get into the microbus and thereafter left the place towards Ashasuni. It is further stated that finding no other alternative, she informed the matter to TSI of Puraton Satkhira Police Camp; that the informant inte......BLT 245; Asaddar Aii Vs. State, 1989 BLD 187; Anis Ali Master Vs. State, 1985 BLD 318; Mirazul Islam Vs. State, 41 DLR (AD) 157. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates - For the Appellant. SM Shahjahan Kabir, Assistant Attorney-General - For the State/Respondent. C......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....y snatched away her sister, Shikha Rani, from her rickshaw and compelled the victim to get into the microbus and thereafter left the place towards Ashasuni. It is further stated that finding no other alternative, she informed the matter to TSI of Puraton Satkhira Police Camp; that the informant inte......BLT 245; Asaddar Aii Vs. State, 1989 BLD 187; Anis Ali Master Vs. State 1985 BLD 318 and Mirazul Islam Vs. State 41 DLR (AD) 157. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates-For the Appellant. SM Shahjahan Kabir, Assistant Attorney-General- For the State/Respondent. Cr......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......s Vs. Md. Abdur Rahman ………………............................................Opposite Parties Judgment April 24, 2008. Result: The Rule is discharged without any order as to cost. The Code of Civil Procedure, 1908 (Act No. 5 of 1908); section 9 The Spe......etition and submits that a worker who has been retired would seek redress under the provisions of Payment of Wages Act for realization of his benefits consequent upon retirement. He submits that if a remedy has been provided under any other law, it created an implied bar to a proceeding under the Co..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
AKM Reazul Islam and others Vs. State, 2007, 36 CLC (HCD)
....o.1, Lalpur, Natore to the satisfaction of the learned Chief Judicial Magistrate, Natore. Communicate this order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 111. ......nt December 3, 2007. Result: The Rules are made absolute. Case Referred to- Moyezuddin Vs. State, 59 DLR 287. Lawyers Involved: Khondker Mahbub Hossain, Advocate - For the Petitioner (In Criminal Miscellaneous Case No.8135 of 2007). Abdul Basel Majumder,......category i.e. anti-corruption laws, the question remains as to what is the ambit of the word “অভিযুক্ত”as mentioned in rule 19gha and how long he will be deprived from the remedy of bail only because a first information report has been lodged, but investigation has not be..Category: Anti-Corruption Laws | Date: 3 Dec, 2007 | Hits: 139
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......oms and others, (2001) 6 BLC 357; Alhaj Nazir Ahmed Vs. The National Board of Revenue and others, (2001) 21 BLD 59.
Lawyers Involved:
Dr. Kamal Hossain with Sara Hossain with Ramzan Ali Sikder-For the Petitioner.
Fazlul Haque-For the Respondents.
Writ Petition No.8044 of 2005.
Judgmen......gent. He also gives the 1st and 2nd copy of the Release Order to the C & F Agent. Then, the C & F Agent takes steps for taking delivery of imported goods.
12. It is further stated that the remedy against CRF certificate in a particular case was available under Paragraph 9 of the Pre-shipm..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....but as of right……………………….(65) Circumstantial evidence In the absence of any direct evidence to prove the charge under section 304 part 1 of the Penal Code, the only alternative available to the prosecution to sustain the charge is to depend on circumstantial evi...... Vs. State……………………Respondent Judgment August 16, 2007. Result: The appeal is allowed. Burden of proof in cases involving severe punishment or life imprisonment The provision of law as regard burden of proof is, that in a case invol......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....ch her daughter. At about 10-30 p.m. opposite party Nos.2 and 7 came to her house and proposed to return her daughter provided she paid to them tk. 50,000/- as subscription. The petitioner finding no alternative agreed to the proposal. Thereafter the accused opposite parties returned the daughter of......The State………………………………..........................................Opposite Party Judgment August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offen......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......
Result:
The rule is discharged.
Application of writ jurisdiction in cases under the Bankruptcy Act, 1997
The writ jurisdiction is not maintainable in cases under the Bankruptcy Act, 1997 for two reasons- Firstly, the Bankruptcy Act, 1997 is a special law and special provision is provided......e properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ Jurisdiction…………………………..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....e cancelled under section 9 of the Building Cons- traction Act within seven days from the date of receipt of the notice. As the writ-petitioners failed to show any cause, RAJUK was left with no other alternative but to cancel the sanction by its decision dated 21-6-1999. The petitioners were informe...... 2007. Cases Referred to- Dr. Ashok Kumar Maheshwari vs State of UP, AIR 1998 SC 966; B Rama Rao vs Government of AP, 1995 Supp (1) SCC 153; Yabbacom vs King, 1899 1 King Bench 444; Union Territory, Chandigarh Admn vs Managing Society Goswami, DGSCE, AIR 1996 SC 1759; K Ramdas Shenoy vs Chief ......ound to extend the same principle to the appellant. His contention that he is invidiously discriminated which offends order of a negative benefit given to an employee or non-action by the employer to remedy the same illegality would not be a ground to extend the illegal benefit to person similarly s..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
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