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Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....ption Commission Act, does not create any bar to serve such notice on the person in custody. Whether the accused petitioner got fair and reasonable opportunity to respond to the notice is essentially disputed facts and such dispute cannot be decided in this present forum. The accused-petitioner shal......haka took cognizance of the offences on 18-5-2008 under sections 26(2) and 27(1) of the said Act and the case was ultimately transferred to the court of Special Judge, Sher-e-Bangla Nagar, Dhaka, for holding trial. 4. On 29-1-12, the accused-petitioner submitted this application for quashing th..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......Company matter No.39 of 2012. Judgment Md. Rezaul Hasan J.- This is an application under section 81(2) read with section 85(3) of the Companies Act, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after re..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......residence at 11-30 PM, by a black taxi cab from where he was again arrested showing the possession of arms and bank documents. 8. After trial the learned Judge convicted the accused as aforesaid holding: — (a) The prosecution successfully proved the charge by corroborative evidence; ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....rum Assignment fee for the respective spectrum allocation assigned in favour of the respective spectrum allocations assigned in favour of the Writ Petitioner-Company on different occasions. Moreover, disputed spectrum allocation of 2.6 MHz in 1800 Frequency Band in favour of the Writ Petitioner-Comp......sp; 949.19 343.19 343.19 343.19 (d) Documents to be submitted are listed below:— i. Latest shareholding structure in MoA and AoA (as per provisions of serial 4, appendix 1 of guidelines). ii...Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......ome conducts as not being qualified to be deemed citizen of Bangladesh as per P.O. 149 of 1972 and as such the learned lower appellate court was manifestly wrong in not dismissing the appeal with the holding that the defendant failed to prove that the plaintiff-petitioner has lost or renounced his c..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... property and that the Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant…………………………………(21) Cases Referred to- Gov......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....ths and in fact, they worked years together for 7/8 years. The High Court Division counted the days for which the respective petitioner worked as have been noted hereinbefore, the appellants have not disputed the said findings of the High Court Division except stating in a vague manner that none of ......d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....accused and other persons whose acts, statements or writings are sought to be given in evidence against him, entered into a formal consultation or agreement to commit the offence. It is also not disputed that direct evidence is seldom available in view of the fact that a conspiracy to com&......ant Yasin Rahman @ Titu in a case being Nari-o-Shishu case No.84 of 1998 and that for this reason the IO submitted false charge-sheet in this case also against this accused appellant and others after holding perfunctory investigation. But examining the connected materials on record we do not ac..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......g the telecommunication, he shall submit to the Commission a tariff containing maximum and minimum charges for providing such service. Therefore, the High Court Division has fallen in an error, in holding that the tariff value for telephone calls or other service provided by the mobile phone ope..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......is competent for the majority to approve on behalf of the company……..(8) Article 14 and 16 keeping provisions for 4 members to remain personally present to form the quorum for holding General Meetings and the Board Meetings, respectively, can also create stalemate i..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......ollecting Chairman Certificate. 3. Upon receipt the petition of complain, the learned Magistrate sent the same to the Officer-in-Charge, Moulvibazar Police Station, for enquiry and report. After holding inquiry police submitted a report on 23.10.2000 stating that the complaint case is false and..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......t there is a 4(four) storied pucca building in possession of the plaintiffs. The names of the plaintiffs were duly recorded and mutated in Dhaka City Corporation and the plaintiffs have been allotted holding No.16/1/A, Rankin Street, Dhaka and the plaintiffs have been paying holding taxes to the Dha..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......e Hon'ble Speaker has virtually assumed the power and functions of the Supreme Judicial Council because only the Supreme Judicial Council is constitutionally authorized to make such observation after holding an inquiry and on due compliance of the other provisions. As the guardian of the Constitutio..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ......December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respondent No.3 to recall/cancel the said notification and for holding election of the Federation in accordance with its constitution. The writ-petitioners also so..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
....lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
......7(in short, the Rules) he further submits that the learned Special Judge, Rangpur vide order dated 26.08.2007 had stopped proceedings of the instant case and had sent the record to the Commission for holding investigation, which is barred by law for the stipulated period of 45 days and additional 15..
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....h Court Division is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned property. 2. The writ petiti......list or any Gazette notification, it cannot be said that the writ petitioner has any alternative remedy under Ordinance No.LIV of 1985. In view of the above, the High Court Division is justified in holding that the writ petition is maintainable. 6. Mr. Abdur Rob Chowdhury, learned counsel f..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......ttee of five members with defendant No.1as president and defendant No.2 as general secretary. The formation of the said committee without election was illegal. The said illegal committee by holding a farce election on 28-11-1992 formed an Executive Committee, wherein the defendant No.1was ..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
....ecified and the bank while executing the sale deed by practicing fraud included R.S. Plot No.553 which is the homestead of the petitioners and not included in the mortgage deed and unless and until disputed property is partitioned by a properly constituted suit, the auction purchasers cannot acq......llaneous Appeal No.371 of 2006 before the learned District Judge, Dhaka which was heard by the learned Additional District Judge who by judgment and order dated 11th May, 2007 allowed the appeal upholding the order of the Artha Rin Adalat passed in Miscellaneous Case No.21 of 2006. The learned A..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ......d. 4. Let us quote the relevant portion of the judgment of the Appellate Division reported in 20 BLT. It is held that:— "As it appears the High Court Division discharged the Rule holding that admittedly the earlier suit was filed within time in a court of competent jurisdic..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
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