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....f 1994); Sections 241, 245 and 253
The Court has been empowered to stop the winding up proceeding altogether under section 253 of the Companies Act, if it deems fit to do so. The shareholders has adopted Special Resolution and the Official Liquidator also opined in favour of staying the winding ......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.
......ding up of the company was filed at the instance of the shareholders under section 241 read with section 245 of the Act for winding up of the company which was allowed by this Court by judgment and order dated 24-6-2009.
2. Mr. AKM Badrudduza, Advocate of Supreme Court of Bangladesh was appoint......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.
..
Category: Company Law | Date: | Hits: 134
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
.... This Case is also Reported in: 16 BLC (HCD) (2011) 218. ...... 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. ......ant Rule by which this Court can at all interfere with the impugned proceedings initiated and pending for trial andas such, the Rule is liable to be discharged with cost and stay be vacated. 9. In order to appreciate the submission made by the learned Advocate of both parties, let us now see whet...... 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. ..Category: Criminal Law | Date: | Hits: 134
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....d J Khokan Kumar Saha...................Petitioner Vs. The Secretary, Ministry of Home Affairs & ors..................Respondents Judgment April 5, 1989. Result: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is......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. ...........Respondents Judgment 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 meanin......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. ..Category: Criminal Law | Date: | Hits: 74
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....r Rahman J Moktar Ahmed…………………………………Petitioner Vs. Haji Farid Alam & anor. ............Opposite Party Judgment April 2, 1989. Result: The Rule is made absolute. The Code of Criminal Procedure (V of 1989), sections 339B (1), 87 and 537. Thoug......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. ......e mandatory provisions of law was not followed the learned Sessions Judge ought to have condoned the delay and should not have dismissed the appeal summarily without deciding the same on merit. The order passed by the learned Sessions Judge dismissing the appeal summarily on the ground of limitati......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. ..Category: Criminal Law | Date: | Hits: 110
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......he Respondent. Criminal Appeal No.1670 of 2002. Judgment Syed Mohammad Ziaul Karim J.- This appeal at the instance of convict appellant Md. Sayem Islam, is directed against the Judgment and order dated 22-05-2002 passed by Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
.... shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......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. ......rong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that dismissal of default order in the absence of any party is generally signed before rising of the Court. If the appellant......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. ..Category: Procedural Law | Date: | Hits: 154
.... 64.
......er the specified bank guarantees until further orders. It is also evident that pursuant to each such Order of this Court, and pending the hearing of these Applications, BCIC has been restrained by ad interim orders from canceling a total of six contracts and along with the Bank in each case being fu......No.2, The City Bank Ltd. (hereinafter referred to as 'the Bank') in each of these cases shall not be restrained from encashing and making any payment under the specified bank guarantees until further orders. It is also evident that pursuant to each such Order of this Court, and pending the hearing o...... 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.
..
Category: Alternative Dispute Resolution | Date: | Hits: 589
Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)
.... Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... 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. ......osite Parties Nos.1‑3. Civil Revision No.660 of 1993. Judgment Md. Joynul Abedin J.- This Rule at the instance of the purchaser-pre‑emptee petitioner calls in question the Judgment and order dated 28‑11‑92 passed by the Additional District Judge, First Court, Sylhet dismissing Mis...... 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. ..Category: Property Law | Date: | Hits: 155
....ia Talukder…………………………Petitioner
Vs.
Md. Hazrat Ali Talukder and others…………………………Opposite Parties
Judgment
July 29, 1997.
Result:
The Rule is made absolute in part.
Case referred to-
Khaleda Razia Khanam and others Vs. Mahtabuddin Chowdh......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.
......a, Advocate ‑ For the Petitioner.
Md. Abdul Quddus, Advocate ‑ For the Opposite Parties.
Civil Revision No.3455 of 1995.
Judgment
Gour Gopal Saha J.- This Rule is directed against the order dated 22‑5‑1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partitio......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.
..
Category: Procedural Law | Date: | Hits: 152
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....eme Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Resp...... 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. ......nt Attorney‑General ‑ For the Respondents. Writ Petition No. 4908 of 1997. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order of warrant of commitment of sentence of imprisonment passed by the District and Sessions Judge...... 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. ..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....am J Md. Hassan Ameen J Abul Kashem Bhuiyan………………………Petitioner Vs. State………………………Opposite Party Judgment May 13, 1998. Result: The Rule is made absolute. Lawyers Involved: S N Goswami, Advocate ‑ For the Petitioner. Not Represent......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. ......s Case No. 2529 of 1997. Judgment Md. Nurul Islam J.- By this application under section 561A of the Code of Criminal Procedure accused petitioner Abul Kashem Bhuiyan sought for quashment of the order dated 19‑2‑97 passed by the learned Magistrate, 1st Class, Khagrachari Hill Tracts in CR C......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. ..Category: Criminal Law | Date: | Hits: 89
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....dge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sent to the concerned section of this Court and the applic......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. ......1 pending in the Court of Joint Metropolitan Session Judge, 5th Court, Dhaka. The accused petitioner filed the said application in another bench and after hearing the same, was fixed on 12-7-2001 for order; in the meantime the constitution of that Bench had changed and the record of the Case was sen......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. ..Category: Procedural Law | Date: | Hits: 167
Md. Muntasir Hossain MD., Unipay 2U (BD) Ltd. Vs. State and another, 2011, 40 CLC (HCD)
....ney Laundering Prevention Act, 2009, now pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. It appears that Md. Taufiqul Islam, an Assistant Director of Anti-Corruption Commission, Head Office, Dhaka as informant, lodged a first information report against the accused persons under s......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ...... before us is to be resolved by the trial Court, on hearing the parties and on examination of the evidence produced before the Court. In the result, the application is summarily rejected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to th......jected. The order of stay granted earlier by this Court stands vacated. Communicate a copy of the order to the Court concerned. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 177. ..Category: Criminal Law | Date: | Hits: 123
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....ed of by this common Judgment. 2. The prosecution case, as projected in first information report (in short, the FIR) and also unfurled at trial, in short, is that on the morning of 15-8-2004 the dead body of an unknown man was found in the guava garden of Hazi Aftab Uddin Sheikh, at village Kamra......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. ......udge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him under sections 302/34 of the Penal Code by the Judgment and order dated 31-1-2007 passed in Druta Bichar Tribunal Case No.5 of 2006, Criminal Appeal No.690 of 2......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. ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ist witnesses recovered a pipe gun from a hay stack and a dagger from the room of the accused Anowarul Islam. Charge was framed against the accused under section 19(f) of the Arms Act. The accused pleaded not guilty and then the prosecution examined 7 witnesses including the present appellants. Appe......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. ...... ‑ For the Petitioner. Md. Mostafa, Assistant Attorney‑General ‑ For the State. Criminal Revision No.1985 of 1992. Judgment Md. Hamidul Haque J.- This appeal is directed against the order dated 31‑10‑92 passed by the Special Tribunal No.3 Habiganj in Special Tribunal Case No.43......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. ..Category: Criminal Law | Date: | Hits: 72
....eed Ahammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Ju......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.
......s decree was plaintiffs appeal was dismissed. The High Court Division in Civil Revision No.3519 of 1993 set aside the judgments and decree of the Courts below and decreed the suit by its judgment and order dated 7‑7‑1997. The High Court Division also directed to restore possession of the suit pr......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.
..
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)
....r respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......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. ......ndicates that summons upon substituted Defendant nos. 18(ka)-18(gaha) had been served. Nineteenth Defendant, also, breathed his last and heirs had been substituted as Defendant Nos. 19(ka)-19(Ja) and order dated 7.10.1992 demonstrates that, summons upon substituted Defendants 19(kha)-19(Ja) had been......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. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
.... 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. ......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. ......dvocate appearing for the Respondent No.5 objecting to the Rule on the issues of maintainability and the locus standi of the writ petitioner in the instant case and we hold that the application is in order and the petitioner has locus standi to challenge the holding of the office of Secretary-in-Cha......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. ..Category: Constitutional Law | Date: | Hits: 361
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
.... Court and another…………………Respondents (In all the Writ Petitions) Judgment August 28, 2007. Result: The Rules are discharged. Cases Referred to- Managing Director, Bangladesh Machine Tools Factory Ltd. Vs. Chairman, 2nd Labour Court and another, (1992) 44 DLR (AD) 272;......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......tion of law and facts. 2. In all the above Writ Petitions, Rule Nisi was issued in identical terms as follows: Let a Rule Nisi calling upon the respondents to show cause as to why the judgment and order dated 16.10.2005 passed by respondent No.1 (Annexure-C) should not be declared to have been pa......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)
....e Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Md. Abdur Rouf……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......to implement the recommendation of the committee dated 23.11.2002 fixing the seniority of the petitioner in the gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the pe......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ..Category: Employment/Service Law | Date: | Hits: 144
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