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....unt No. 34005564, Sonali Bank, Supreme Court Branch Dhaka), within a period of 4 (four) weeks from the date of drawing of this order.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 224.
......rring to the provision of section 253 of the Act, Mr. Ahmed submits that the Court has been empowered to stop the winding up proceeding altogether, if it deems fit to do so. Mr. Ahmed submits that in view of the Special Resolution adopted by the shareholders, as evidenced by Annexure F referred to a..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... dishonoured at Dhaka. Under such circumstances this case could be tried either by learned Sessions Judge Dhaka or by learned Sessions Judge, Cox's Bazar. 26. We have received support of the above view in the case of master Osman Goni Vs. State reported in 15 BLD 501. 27. The offence under sec..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......nt April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of t..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ...... and also speaks for fixing a date of appearance of the accused before the Court issuing such proclamations. Having referred to section 87 Mr. Karim relied upon section 537 Cr.P.C. to argue that in view of provision of section 537 Cr.P.C. the order of conviction and sentence passed by the learned ..Category: Criminal Law | Date: | Hits: 110
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......dvocate next relied on the decision of Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185, wherein it has been held that: “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselves in agre..Category: Procedural Law | Date: | Hits: 154
.... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
...... the supply of fertilizer in each of the six cases under consideration on that ground (Annexures-F in all the applications). It is shown that in this factual, contractual and legal milieu, and with a view to exploring the possibility of an amicable settlement of the contradictory positions held by R..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......uments placed reliance on 1 BCR (AD) 59 in support of his contention that necessary parties are required to beadded as parties to the preemption application within the statutory period of 4 months in view of section 96(2) read with section 96(1) of the State Acquisition and Tenancy Act, 1951. It is ..Category: Property Law | Date: | Hits: 155
....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 564.
...... and circumstances of the case, we are inclined to hold that the learned Subordinate Judge erred in law in passing the impugned order and, as such, it is not sustainable in law. We get support of our view in the case of Khaleda Razia Khanam and others Vs. Mahtabuddin Chowdhury and others reported in..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......e executing any warrant must be cautious and careful in apprehending an accused person so that no innocent person is harassed unnecessarily or victimised in any way for no fault of him. We are of the view that Md. Afsar ASI in‑charge of Hajirhat Police out post, PS Ramgati, District ‑Laxmipur at..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....n the Court of Magistrate, 1st Class, Khagrachari Hill Tracts is hereby set aside and quashed. Send copy of the judgment immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 631. ......not give authority to sign without any intention to cause damage or injury to the public or any person and actually causing no injury or damage does not come within the definition of forgery. In that view of the matter cognizance taken by the learned Magistrate and charge framed by him against the a..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......a Case in exercising the power under section 561A of the Code of Criminal Procedure is not permissible. 11. The learned Advocate for the petitioner tried to impress us agitating the ground that in view of the provision of section 141(c) of the Negotiable Instruments Act, 1881 it is mandatory that..Category: Procedural Law | Date: | Hits: 167
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......factory explanation as to what happened to the victim he must be found to be guilty of abetment of murder of the victim and, as such, liable to be convicted under sections 302/109 of the Code. This view finds support from the decisions reported in the cases of Hafez Abul Khair Vs. State reported i..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......rs Act is also required to follow the provisions of section 476 to hold an enquiry as provided in that section and file a formal complaint after holding such enquiry which they failed to do. 7. In view of the provisions of section 476 of the Code of Criminal Procedure, a Court can not proceed dir..Category: Criminal Law | Date: | Hits: 72
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ocedure Code for getting possession of the suit property in a competent Court. Avoiding the same which is the proper course of law, this present application has been filed.
4. Thereafter, in our view, there is no scope to hold that contempt has been committed by the opposite parties as commissi..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......y be observed that a Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem to follow from it. Every Judgment must be read keeping in view particular facts proved or assumed to be proved. Generality of expression which may be found..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......o now been settled that in a petition of writ of quo warranto any citizen may question or challenge the holding of any public office by any person unauthorisedly and or in an unlawful manner. In that view of the matter we do not find much substance in the submissions made by the learned Advocate app..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
.... under section 25(1)(b) of the Act. He also submits that the findings of the Labour Court that the termination of the respondents from service was for their trade union activities is misconceived and erroneous. He lastly submits that admittedly, the grievances for the alleged termination had already......ll the Writ Petitions, submits that there was no evidence on record to hold that the petitioner terminated the services of the respondents for their trade union activities. He further submits that in view of the admitted fact that at the relevant time, the respondent-workers were not at all officers..Category: Labour and Industrial Law | Date: | Hits: 138
.... no merit in this rule.
The application for condonation of delay for 679 days is rejected.
Accordingly the rule is discharged.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 425.
......ng long delay is made out in the application. In application filed under section 5 of the Limitation Act the petitioner is required to explain each day's delay to the satisfaction of the Court.
In view of the above I find no merit in this rule.
The application for condonation of delay for 679 ..
Category: Limitation Law | Date: | Hits: 119
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......use of action. 18. The suit under reference is a partition suit. In a suit for partition, all persons must be impleaded as parties for complete and effective adjudication of the dispute. 19. In view of the provision of law and facts and circumstances of the case we are of the view that since i..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ...... of Gannysons Limited Vs. Sonali Bank and others reported in 37 DLR (AD) 42 and the case of Government of Bangladesh Vs. Mirza Shahab Ispahani reported in 40 DLR (AD) 116 which, in our view, support the contention of the learned Advocate for the petitioner. 18. The learned Assistan..Category: Property Law | Date: | Hits: 107
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