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MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....ent Nos.2 and 5. Company Matter No.95 of 2012. Judgment Md. Rezaul Hasan J. - This is an application under section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide certificat......r section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the directors of the company. T..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....Bangladesh for the importation of plant/equipment before commercial operation date and spare parts for operation throughout the contract period. Nowhere in the contracts stated that the BPDB is responsible to pay advance income tax against the payment of their bill. Acc......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....d advocate for the petitioner has made submission to the effect that in this case the very FIR was not corroboÂrated by its maker, that among the 10 prosecution witnesses the P.W.1 Rahima Begum only stated that this accused-petitioner Md. Shahabuddin dealt a dao blow on the head of her deceased hus......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... under different sections of the Penal Code. The case gave rise to Mohammadpur PS Case No.123 dated 31st May, 2009. In course of investigation of the case, one accused GMM Morshed made a confessional statement in which he implicated the accused-respondent Md. Aman Ullah Aman. In pursuance thereof, t......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... abducted him or killed him and hide his dead body. The complainant obtained Chairman Certificate from Gaznaipur Union Parishad to the effect that the victim Mosonullah was not died there. It is also stated that the delay was caused in collecting Chairman Certificate. 3. Upon receipt the petiti...... 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 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....hellip;...............Respondents Judgment July 25, 2012. Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are bei......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....vely which still exists in Mouza Wari under Police Station Sutrapur, District Dhaka, which is the jurisdiction of this learned Court." 7. Defendant No.1 contested the suit by filing written statement and in the written statement the plaint case was denied line by line and it is his specifi......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. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary action in consideration of the matter is without lawful authority and of no legal effect. 2. It has been stated in the petition that the petitioner is a lawyer of the Supreme Court and firm believer in the......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: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... formal charge against them under sections 302/201/109/34 of the Penal Code. The trial court, on consideration of the evidence adduced by the prosecution including the judicial confessional statement of the accused Mokbul found this accused-petitioner Jamat and the confessing accused Mokbu...... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
Nalu Vs. State, 2012, 41 CLC (AD)
....ce of occurrence, prepared the sketch map of the place of occurrence with separate index, held inquest on the dead body and prepared inquest report, seized alamots and prepared seizure list, recorded statements of the witnesses under section 161 of the Code of Criminal Procedure. Police arrested two......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....stitution. The writ-petitioners also sought for an ad-interim order staying operation of the impugned notification. The Rule was issued in the terms as prayed for. 3. In the writ petition, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Sched......€™s constitution. The Secretary, Ministry of Sports is hereby directed to request the office of the Auditor and the Comptroller General to deploy an auditor to conduct investigation into financial affairs of the federation. The secretary, of the said Ministry will also intimate us about the compl..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....egal committee were all illegal and, as such, the plaintiff filed the suit for declaration that she was still the General Secretary of the committee and also for mandatory injunction for her reinstatement to her previous office. 3. The defendant Nos.1 and 3 contested the suit by filin......om the samity were illegal. 6. Mrs. Sigma Huda, the learned advocate for the petitioner has made submissions to the effect that since the previous committee of the samity failed to run the affairs of the samity and there occurred serious mismanagement in the functions of the samity, the r..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....e cause title, the judgment and order dated 27.09.2009 passed by a learned Judge of the Single Bench of the High Court Division in Civil Revision No.600 of 2009 was impugned, whereas in the prayer as stated hereinbefore the judgment and order of the learned District Judge passed in the artha rin mis......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....t of the respondent No.1 and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be exercised by the respondent No.1. Section 5(2) of the Ordinance states further that the Board in discharging its functions shall be guided on question of policy by......76 (in short, the Ordinance) to facilitate the growth and progress of the port. Section 5(1) of the said Ordinance provides that the general direction and management of the respondent No.1 and its affairs shall vest in a Board which may exercise all powers and do all acts and things which may be..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
.... by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law.......... (17) Confession, not a mere scrap of paper A confessional statement is not a mere scrap of paper and it provides a great clue in cases where the accuseds are ...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....many Advocates have been shown as voters twice or thrice. The voter list prepared by the Bar Council on the basis of the lists of members of different Bar Associations is illegal. It has further been stated that election is a formal decision making process which cannot be allowed to be frustrat......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....rnity Daman ComÂmission (the Commission), Head Office, Dhaka, the informant served notice bearing Memo No. Dudok/Zcko/Chittagong-2/470 dated 9-10-2007 upon the accused for submission of his wealth statement to the Commission's, District Office, Chittagong. In spite of proper service of notice, ......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10