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....the same on the view that the 9th AGM stood concluded on 26.08.2008 with the exception of Agenda No.4; the Bank had convened the 10th AGM on 20.08.2009 including the said agenda, there was hardly any scope for the Court to entertain the application; the present applicants whose prospect of election ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
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Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....dated cheque issued as security for the repayment of the loan availed by the loanee, here the petitioners, as argued by Mr. Chowdhury and a cheque issued for encashment currently, we do not see any scope of making any such difference. Facts to be taken into account to see whether an offence under ......nder sections 138/140 of the Act, 1881 and issued summons against him. The accused-petitioner surrendered before the concerned Metropolitan Magistrate, Chittagong on 02.03.2008 and he was enlarged on bail. The case being triable by a Court of Sessions, the case records were sent to the Metropolitan ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....of those recommendations. The Bank will proceed with the suit in accordance with law. 19. The certificate has been issued by the Adalat under section 33(5) of the Ain, and, as such, there is no scope to follow the provision of paragraph(ট) of the Guidelines by the Bank so far as it relates...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......Procedure. But the learned advocate for the appellant Mr. Khurshid Alam Khan, at the time of submission, has also mentioned that the accused has been in custody since 27-8-2010 and he was enlarged on bail by the trial Court on 4-11-2010. Thereafter, the accused remained absent after obtaining bail, ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....ence against the petitioners and subsequently framed charge against them. Whether the petitioners used the same design being a question of fact can only be decided in trial. At this stage there is no scope for quashment of the proceedings. 7. We have considered the submission advanced by learne......ed the complainant, took cognizance of offence under sections 481, 482 and 483 of the Code and issued process against the petitioners. They surrendered before the Magistrate on 5.11.1997 and obtained bail. Subsequently the case was transferred to Mrs. Nandita Das, Magistrate of first class for trial..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......(hereinafter called the Ain) against the accused and issued warrant of arrest against him by order dated 9.11.1996. Subsequently the accused surrendered before the Tribunal on 24.11.1996 and obtained bail. At that stage, the case was transferred to Nari-o-Shishu Nirjatan Damon Tribunal No.2, Bogra. ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....y by its order dated 21-4-2003 recalled judgment and order dated 7-1-1998. 15. No sooner had the Judgment and order been signed by the learned Judge of the High Court Division, than there was no scope for filing an application for restoration of the Rule after recalling the judgment and or......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... on all the issues involved in the suits and having not decided the suit upon preliminary point, the High Court Division committed error in remanding the suits for fresh decision, which is beyond the scope of Rule 23 of Order 41 of the Code of Civil Procedure." Security of Tk. 1,000/- for each ...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitioner Let a copy of the Judgment be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ......from the case. 5. The learned Magistrate rejecting the prayer for discharge and framed charge against the accused petitioner under section 326/307 of the Penal Code. The learned Magistrate granted bail to the petitioner by an order dated 17-06-2007 and she has been enjoying the privilege of bail...Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....ouncil due to not having similar duration i.e. a 5 year course at Honours level, we find the precedent contentions to be mere an illogical apprehension by the BVA for the reason that there is no scope for the graduates in Animal Hustandry to be registered with the aforesaid Bangladesh Veterinar......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
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Category: Others | Date: 14 Mar, 2012 | Hits: 5
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......ated 8-4-1993, took cognizance of the alleged offences and by Order dated 2-7-1994 framed charge against all the accused persons named in the charge-sheet. 6. The 11 accused petitioners obtained bail from the Court below and thereafter approached this Court and obtained the Rule and stay order ..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ...... case record was sent to the learned Divisional Special Judge, Dhaka, who by Order dated 15-4-1993 took cognizance of the alleged offences. The accused-petitioners appeared in that Court and obtained bail. Subsequently, by Order dated 2-7-1994, the learned Divisional Special Judge framed charge agai..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
.... no business is carried out by a liquidated company and that the business and commercial activities of the company come to an end with its liquidation and in that view of the matter there was/is no scope to reinstate respondent No.1 to his former post in the New Nation Publications Ltd. which is......ned Chairman of the Second Labour Court, Dhaka, found prima facie case against the petitioner and issued process accordingly. Soon after, the petitioner surrendered before the said Court and obtained bail. After that, he filed a petition under section 241A of the Code of Criminal Procedure for disch..Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....on prescribed by such special law for any suit, appeal or application. In view of these very clear wording of the above quoted sub-section (2) of section 29 of the Limitation Act, there can remain no scope for argument that section 14 and also the other sections of the Limitation Act mentioned in th......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....r case of these respondents is that the government has taken a plan for constructing buildings of different categories for the government officials on this land in question and as such there was no scope to settle this land to the writ petitioners permanently. 6. A Division Bench of the Hig......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
....06 and as such, the appellant cannot be regarded as loan defaulter and respondent No.8, CIB of Bangladesh Bank informed the Election Commission that after passing the order of injunction, there is no scope for showing the appellant as defaulter till disposal of the Rule by the High Court Division an......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
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Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....tion 2(চ) of the VAT Act and 2nd Schedule to the same, Mr. Haq submits that the licence as provided by the BTRC comes under Article-7(ঘ) of the said Schedule and, as such, it is excluded from the scope of vatability by the clear terms of section 2(ছ) of the VAT Act, and accordingly, the licenc......one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
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Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....petitioner filed an application to respondent No.2 for giving him selection grade on 18.01.2004. Respondent No.2 by referring to a memo dated 30.03.2004 informed the petitioner that there was no scope for giving selection grade and as such, the petitioner was compelled to file the ease before t......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....eply given by the lady to the Court attracted serious attention of both the Bar and Bench since more than dozen lawyers both seniors and juniors were present before the Court at that time. Leaving no scope for any one present to accept that the compromise as a genuine one rather the situation u......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
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