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Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....n 24.10.2007 at 10:00 a.m. on the application filed by the present appellant, Ms. Ok-Kyung Oh on 04.10.2007 for re-instating her as Managing Director of the Company. 3. In the writ petition it was stated, inter alia, that the writ-petitioner No.1, TeaHung Packaging (BD) Limited (hereinafter refer......oints: “I. Whether the High Court Division failed to consider that section 193(6) of the Act explicitly puts a burden on the Registrar to afford the Company concerned a right to be heard if the affairs of the Company are not being managed in accordance with the provisions of Companies Act, 199..Category: Company Law | Date: | Hits: 235
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....দ্ধ (freez) বা ক্ষেত্রমত, ক্রোকে (attach) করা যাইবে। 17. It appears from the letter, issued by Secretary of Anti- Corruption Commission stated as follows:- দূর্ণীতি দমন কমিশন প্রধা......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....t be declared to have been made and issued without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is stated in the petition that the petitioner, Prof. Golam Azam, is a Bangladeshi citizen by birth havi...... Government itself. In the case of Shri Ram Krishna Dalmia and others Vs. Shri Justice SR Tendolkar and others reported in AIR 1958 (SC) 538, a Commission of Enquiry was appointed to enquire into the affairs of the Companies and the firms which were promoted or controlled by Ram Krishna Dalmia, Jaid..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....e was filed by a decree‑holder to enforce a decree of permanent injunction Mustafa Kamal J held that the expression "wilfully failed to obey" under Order XXI rule 32 (1) denotes not only a negative state of mind but also a positive act of disobedience and as such the decree‑holder's remedy lay i......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....nder section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the International Crimes Tribunal, Dhaka. 2. It has been stated in the petition that the petitioner is the Ameer of Jamaat-e-Islami, Bangladesh. He is an ex-......he Act of 1973, the right of appeal against any order of conviction or acquittal passed by the Tribunal lies with the Appellate Division of the Supreme Court of Bangladesh and this being the state of affairs, it cannot be said that the Tribunal is subordinate or inferior to the High Court Division a..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....sions in the recent past from the recognized well established Constitutional Convention to appoint the senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial a......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..Category: Constitutional Law | Date: | Hits: 228
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....y virtue of purchase (Annexure-'B' series). The Petitioners also submitted a joint written objection reiterating the common averments made in their individual written objections (Annexure-'C'). It is stated that notwithstanding these objections made, the Respondent No.3 without considering the s...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....and that Qazi Kamal being a bona fide purchaser for value without notice to the act of this vendor, RAJUK acted illegally in denying the mutation. So, the High Court Division failed to appreciate the statement of law argued by this Division in the above case which has no manner of application in thi......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....on 12.12.88 and produced him before the CID, Investigating Officer. Accused Ansar Ali was thereafter produced before the Magistrate P.W.6 Mr. Md. Fazle Elahi who recorded on 13.12.88 his confessional statement Ext. 2 under section 164 of the Code of Criminal Procedure. On completion of investigation...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445...Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
.... in Criminal Miscellaneous Case No.18532 of 2010. A Division Bench of the High Court Division enlarged him on bail. 5. Mr. Momtazuddin Fakir, learned Additional Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bai......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....espectively for restraining the respondent No. 2 from making payment to the respondent No.1 under two performance guarantees issued by the respondent No.2 in favour of the respondent No.1. 3. As stated in Arbitration Application No.1 of 2007 and bearing reference to the documents annexed to tha......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....udgment and order of conviction. A Division Bench of the High Court Division by its judgment and order dated 2nd December, 2008 allowed the appeal and set aside the conviction and sentence. 4. The state thereupon preferred this petition for leave to appeal before this Division. We have perused ......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..Category: Criminal Law | Date: | Hits: 53
....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....ame table with Chiefs of Staff of the Defence Services of Bangladesh of the Warrant of Precedence, 1986 issued by the petitioner. 2. Facts relevant for the disposal of this petition are succinctly stated below: 3. The Judicial Service is not 'service' in the sense of employment. The Judges are......Precedence, the executive government follows the age old the principles, conventions and traditions considering the functions and authority of respective office(s)/persons(s) in the governance of the affairs of the State and different neighbouring countries Warrant of Precedence have also been taken..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....984 and obtained a decree in Title Suit No.14 of 1986 in respect of the suit lands which is fraudulent and not binding upon the plaintiff. 3. The defendant contested the suit by filing a written statement claiming, inter alia, that the vendors sold .49 acres of land out of the suit Nos.184, 404......s is present in this case and the plaintiff has totally failed to make out such a case. He simply stated in the power of attorney, ext-X, that he being a businessman remained busy with his business affairs, it was not possible on his part to prosecute the suit and accordingly appointed Md. Hanif f..Category: Procedural Law | Date: | Hits: 76
....d has been recorded by the defendants as enemy and non-resident property. They filed Title Suit No.149 of 1986 with the aforesaid prayer.
11. Defendant Nos.1-5 contested the suit by filing written statement. They have denied all the material allegations of the plaint. It is their Case that the Hi...... cell so that no other citizen should be harassed in the name of law which has already dead.
Let copy of this judgment be sent to the Hon’ble Minister, Ministry of law, justice and parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order a..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
....6. 2. In recounting the events leading to the commission of the offence as occurred on 29.4.2004 the informant Nani Gopal Poddar, father of the deceased Taposh, by lodging the F.I.R. on 30.4.2004 stated having seen the Condemned Prisoner Kazol, along with the other F.I.R.-named accused Manik, Sh......being seen in the company of the accused persons from such time onwards. Mr. Chakrabortty relies on such extracts of the Section 164-statements as lend credence and assurance to such general state of affairs. Taposh’s family members, especially his father the P.W.3 informant and his mother Shanti ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....is assent was succinctly enunciated thus: “The cases as to discharge of a surety by an agreement made by the creditor to give time to the principal debtor are only an exemplification of the rule stated by Lord Lough-Borough in the case of Rees Vs. Berrington. It is the clearest and most evident......t to carry on any transaction without the knowledge of him (the surety), who must necessarily have a concern in every transaction with the principal debtor. You cannot keep him bound and transact his affairs (for they are as much his as your own), without consulting him. The true view, in my opinion..Category: Company Law | Date: | Hits: 203
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....tropolitan Magistrate Azizul Huq Bhuiyan and the money was found in 25 trunks and the entire amount of money was kept scattered separately in all these trunks in between the clothes. It has also been stated in the charge sheet that over and above those from Bangabhaban Store, goods amounting to Tk. ......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
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