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Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....sidered by the General Administration Committee, in its meeting on 23.5.2002, where the members of the General Administration Committee refused to recommend such proposal and adopt the following resolution; ১ (ঙ) চুয়াডাঙ্গার সিনিয়র জজ (বর্ত...... a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ......rity and in an unlawful manner. 38. There is no order as to costs. I Agree Quamrul Islam Siddiqui J. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 183. ..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)
....ntrusted with the responsibilities of lodging the FIR, making investigation, submitting charge sheet and all other duties for conducting the case. Mr Mahbubur Rahman's argument is that as in that resolution there was no responsibility entrusted with the Commissioner Habibur Rahman in respect of ...... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ..Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....uch inherent powers recognized as exercisable by such functionaries. Therefore, there being an absence of any express delegation of authority to these two functionaries by Powers of Attorney and/or a resolution of the directors collectively operating as the Board of Directors in this case, the Respo...... significance of the Respondent No. 3 being identified in the Application itself as a shareholder-director has not been lost on this Court. Equally significant is the fact that the Petitioners do not dispute the status of the Respondent No.3 as either the Vice-Chairman or later the Chairman of the C..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.
Farid Ahmed J.- I agree.
This Case is also Reported in: 61 DLR (HCD) (2009) 371.
......2.
(3) In such a writ petition, the welfare of the children is of paramount consideration and the children must be kept in a custody where their welfare is well safeguarded.
(4) The dispute as to the legal custody of the sept-up-let cannot be resolved unless there is a DNA test of ..
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201
....ed. The writ
petitioner thereafter was elected as Managing Director of the Company for the
period until otherwise decided by the Board. On 7-10-2000 the Board of
Directors of the company adopted a resolution in a meeting appointing Mr.
Arifuzzaman Khan. Mr. Asifuzzaman Khan and Ms. Sayeda Refat ......sion of section 193. Section 2(d) of the Companies Act, 1994,
which conferred power upon the Company Bench, has categorically provided that
in order to exercise power in respect of adjudicating any dispute respecting
any company express and specific jurisdiction must be available under the
Compa..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ...... the Ordinance, effect is given to the constitutional convention of consultation. Constitutional provision cannot be changed but constitutional convention could be changed by law. He however does not dispute the concept of primacy of Chief Justice. But in the matter of consultation and recommendatio..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......on, the appellate Court was wrong in reversing the jugment of the trial Court in a casual manner."
11. In the instant suit the lower appellate court without determining the main question of dispute and without determining the title and possession of the plaintiff in a suit for permanent in..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.10.1991 entered into between the peti..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......e appearing on the deed of re-conveyance dated 9-3-80 with his signature appearing on all the pages of the written statement and also on the Vokalatnama for proper and effectual adjudication of the dispute involved in the suit. The provisional Court below has also compensated the defendant by gr..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......g the provisions of a General Statute and a Special Statute, legislative intent to bring about harmonious construction should be effected in order to remove an anomalous situation. There is no dispute that the Code of Criminal Procedure is a general law of procedure and the Special Powers A..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ...... entire family suit. 35. It appears that the learned District Judge, Dhaka, while refusing to vacate the order of stay reasoned his decision on the following discussion: "There is no dispute that the minor girl Radyna Karim is residing with the appellants i.e. father of Radyna. I..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
.... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ......s. State, (2003) 55 DLR (AD) 131 and Alamgir (Md.) Vs. State, (1998) 3 BLC (AD) 72. 14. In view of the facts as stated in the writ petition as well as in the affidavit-in-opposition, there is no dispute with regard to the fact that no notice under section 26 of the ACC Act, 2004 and order under..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......relating to the suit. In the case of Rambhan Vs. Vinkar Co-operative Society, Cheda AIR 1966 (Bom) 187, a case under section 91 (1) of Maharashtra Co-operative Society Act, 1961 it has been held 'any dispute' which the Registrar of Cooperative Society is competent to try and decide. In the case of Y..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
.... of respondent No.3, Secretary of the Ministry of Home Affairs. The affidavit is also silent on the request vide letter dated 14-06-07 sent by the Chief Election Commissioner to the Chief Adviser for resolution of the issue of enrolment of the Urdu-speaking people living in different camps of Bangla......a copy of this order be sent to the Election Commission at once for guidance and necessary action
Md. Ashfaqul Islam J.- I agree
Ed.
This Case is also Reported in: 60 DLR (HCD) (2008) 407.
..
Category: Election Law | Date: 18 May, 2008 | Hits: 122
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......e instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently examining the facts of the case similarly case (sic) to the finding that a disputed question of title was very much involved in the matter which cannot be decided in a su..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Sunirmal Chaudhuri Vs. Registrar of Joint Stock Companies & Firms, 2008, 37 CLC (HCD)
....ENC AGROVET BANGLADESH LIMITED" under the Companies Act, 1913 on 26.6.1994 and the Registration number of the Company was C-26132 (Annexure-'C'). Subsequently, the said company upon passing a special resolution at its Extra-Ordinary General Meeting approved a change of name and upon obtaining permis...... register the amendment copy of the Memorandum of Association of the Company within 90 (Ninety) days of the drawing up of this Order. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 432. ..Category: Company Law | Date: 12 Feb, 2008 | Hits: 123
Mrs. Zakia Doha Vs. Rajdhani Unnayan Kartipakha, 2007, 36 CLC (HCD)
....hout any order as to costs. 40. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 254. ...... also submits that while exercising the certiorari writ jurisdiction, the High Court Division can not sit over the judgment of a Tribunal as a Court of Appeal Nad similarly it can not decide the dispute which is based on facts by taking a different view from that of the Tribunal. In support of ..Category: Abandoned Properties Law | Date: 15 Nov, 2007 | Hits: 6
Muktijoddha Bahumukhi Samabaya Samity Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... কোন সদস্যকে একটির অধিক দোকন বরাদ্দ প্রদান করা যাইবে না।” 12. It appears from the clause "Uma" of the resolution dated 9-10-2005 of the Shop Allotment Committee of the Corporation (Annexure-7 to the sup...... জারীকৃত রুলটি খরচা ব্যতিরেকে এ্যাবসলিউট করা হইল। Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 418. ..Category: Civil Law | Date: 20 Sep, 2007 | Hits: 43
....fication being SRO No.316 dated 19.10.99 was published, naming it as the Pre-Shipment Inspection Order, 1999. In such Order, everything right from appointment and service of pre-shipment agencies and resolution of disputes that may arise out of such service and certification of goods and time limit ...... SRO No.316 dated 19.10.99 was published, naming it as the Pre-Shipment Inspection Order, 1999. In such Order, everything right from appointment and service of pre-shipment agencies and resolution of disputes that may arise out of such service and certification of goods and time limit for completion..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
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