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Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......rned Joint District Judge, Dhaka erroneously passed the impugned order without considering above matters and thereby the learned Appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice, as such, the impugned judgment and order is liable to be se..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....is maintainable and the Court may pass appropriate order to undo the wrong resulting from non-compliance of the provisions of the Act or of the Articles of Association. Otherwise, the purport and the legislative intent in incorporating section 233, in the Companies Act, will be frustrated. The ......al misdeeds, but he has been continuing as a director as is evident from Form XII, dated 15-12-2011, (Annexure 15) to the affidavit-in-opposition. So, apparently this is not a case of removal and the decision was taken not from any motive to oppress the petitioner, rather on the basis of an specific..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......ing for hearing more then 26 years, that is why the same is taken up for disposal on merit. In this regards our apex Court decided the principal of disposal of the revisional application. 8. The decision in the case of Safaruddin Vs. Fazlul Haq, reported in 49 DLR (AD) 151 it has been observed ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......1 of 2005 is pending where liability of the petitioner will be determined and the issues being almost identical and same, in both the civil and the criminal case, there is every chance of conflicting decision if the criminal case is allowed to proceed; after-acceptance of the police report on 3-11-2..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
..... Considering this fact of the matter, it cannot be said that the legal right of the accused petitioner had been infringed." 36. Under the given scenario of the case, we should consider the legislative import and intent of enactment of law regarding bouncing of the cheque. 37. The pur...... proceedings filed before expiry of 30 days from the date on which the cause of action arises is not tenable and sustainable in the eye of law. Learned Advocate for the petitioner has referred to the decisions decided in the cases of SM Anwar Hossain Vs. Shafiul Alam (Chand), 4 BLC (AD) 106 and Juba..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......ct, the learned Advocate has also referred to the case of MA Hasham Vs. State reported in 17 BLC 136 to show that a judgment has already been passed on the basis of the said ratio of the earlier case decision reported in 62 DLR (AD) 290. It is asserted further that notice under section 26 (1) of the..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....ip;…...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to amend any provision of a statute is within the ambit of legislative power, which is exclusively within the domain of parliament and such can not be delegate......, a shareholder of the Bank holding 112 shares, filed Title Suit No.189 of 2011 in the Court of 7th Assistant Judge, Dhaka, Title Suit No.189 of 2011 claiming inter alia, that he was aggrieved by the decision of the board of directors of the bank to enhance its share capital by way of initial public..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......rpose of enabling him to explain any circumstance appearing in the evidence against him. But in the instant case no incriminating circumstance was put to the accused appellants” 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance o..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......d in the cases of Abdul Haq Vs. State 14 BLT 485, Fazu alias Fazlur Rahman Vs. State 1 BLC 558, Rekatfullah Vs. State 13 DLR 750. It is further held in the case reported in AIR 1921 (PC) 69, that the decision of the Court must rest upon legal ground established by legal testimony from th..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ...... stating that they put their signatures on a white sheet of paper without the firearm being recovered in their presence, the learned Deputy Attorney-General has submitted that there is a long line of decisions of this apex court that an accused in an arms case could be convicted on the basis of unim..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......2) (a)(ii) of the Constitution of the People's Republic of Bangladesh registered by the petitioner Orascom Telecom Bangladesh Limited calling upon the respondents to show cause as to why the decision of the Bangladesh Telecommunication Regulatory Commission issued under the signature o..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......on of the provision of law. The assessee-applicant being similar company under the Petrobangla engaged in distribution and marketing of petroleum products as its commissioner agent the said decision made in the said income tax reference application is equally applicable to the instant asse..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ...... purchasing entity but it can not pass any order of “direction” upon any purchasing entity. Rule 60(5) of the Public Procurement Rules, 2008 As per the above mentioned rule, the decision of a Review Panel is final and all parties concerned must take necessary steps to implement..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......04 1695 of 2004, 1696 of 2004, 1697of 2004, 1405 of 2004, 1406 of 2004, 1407 of 2004, 1408 of 2004, 1409 of 2004 and 1410 of 2004 respectively before the High Court Division challenging the decision dated 03-3-2004 passed by the Chairman, Third Labour Court, Dhaka in IRO Case Nos.31 of 200..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ......he revenue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC'S decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if she was ap..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ......venue budget, the LGED shall absorb/transfer an employee or officer from the development project mentioned in clause (1) to fill up that post in accordance with Rules of 1985 and the ECNEC's decision dated 10th January, 2008. (iii) An officer or employee shall be absorbed if s/he was a..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......with the ‘falah’ and as such, the failure of the prosecution in making the ‘falah’ as material exhibit cannot make its case doubtful. 18. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts d..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......tition for leave to appeal. 6. Syed Mahbubar Rahman, learned Advocate-on-Record, appearing for the petitioner, has submitted that the High Court Division did not apply its mind and came to a wrong decision in refusing to consider the statements of the plaintiff recorded in a cassette which he mad..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ......in @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. Ki..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36