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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ......etenue by prejudicial activities caused sabotage on 14-3-1997 dismantling a gigantic electric tower of Manohar Khaghapara Power Grid at Pabna. Thus, the detenue indulged in prejudicial acts under the provisions of section 2 (f) (iii), (vi) and (vii) of the Special Powers Act, 1974. 5. The writ ..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ...... rejected on 27.08.1970. In this regard, the High Court Division considered sub-section (13) of section 143A of the Act (since repealed) which provided that for the purpose of review, the relevant provisions of the Code, that is, Order XLVII thereof shall be made applicable for the purpose of fi..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... - By this application under Section 12 and 13 of the Companies Act the petitioner, the company itself through its Secretary Abu Tarek Muhammad Zakaria, prays for confirmation of alteration of the provisions of Memorandum of Association of the company AQUA CULTURE FARMS LIMITED, on the ground st..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......cate for the respondent however submits that at the time of the passing of the judgment by the labour Court, the new act i.e. the Bangladesh Labour Act, 2006 had already come into force and under its provisions judgment of the labour Court was appealable to the Labour Appellate Tribunal and, as such..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
....an application which does not call for issuance of rule and do reject the application summarily. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69 ......beration war. His apprehension is that, it well gives the executive authority an unfettered power to bring any one within the scope of the ICT. If this argument is accepted, it will apply to any provisions of the Penal Code as well. This scurrilous disbelief towards all the institutions, invest..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ......petitioner as well as the learned Assistant Attorney General appearing for the state opposite party. 15. The very submission of the learned Assistant Attorney General as regards exhausting the provisions of section 265C and section 241A the very application filed under section 561A would be ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
.... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
......y be set-aside'
(v) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with the provisions of this Act, or, in the absence of such agreement, was not in accordance with the provisi..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....ters of the report and also as to the manner in which he has made the investigation. Having considered both the parts of Sub-section 2, in general, we find that examination of the Commissioner is not mandatory for admitting the report of the Advocate Commissioner in evidence but if a party files obj......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....t of having executed a registered baina on 1-2-2009 and not needing the property for personal accommodation anymore. Notice under section 106 of the Transfer of Property Act which is a mandatory pre-requisite for any lawful eviction was never received and in any case defective and/or ...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....e has no legal authority to hold the office of Managing Director as he has no legal basis to continue in such office after attaining the age of superannuation. In the absence of violation of any mandatory provision of law, the Court will not come in aid to the petitioner as he is a disqual...... 14th August, 1990, the impugned orders are without jurisdiction. 13. Ms. Sara Hossain, learned counsel appearing for the petitioners in Civil Petition No.644 of 2011 took us to the various provisions of the Ordinance and submitted: a) the petitioners-who constitute the majority of th..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ......ney General has further submitted that allowing 90 (ninety) days time for filing an application for restoration of an administrative tribunal case or appeal, as the case may be, is contrary to the provisions of the Rules, 1982. More so, allowing of a period in the given facts and circumstances o..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......oncerned including the President and the Government should respect the law declared by the Supreme Court and the Government functionaries are obliged to act in aid of the Supreme Court in view of the provisions of Article 112 of the constitution…………………..(54) Cases Referred to- ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......ivision fell into an error in holding that the writ petitioner purchased 42 pieces of gold bars from Singapore within the permissible limit. In the absence of declaration at the Airport as per provisions of Baggage Rules, 2000 that the writ petitioners did not carry more than 42 pieces of go..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... all the parties to the suit need be protected. The power to appoint a receiver as conferred by Order 40, rule 1 of the Code of Civil Procedure, therefore, should, therefore, be sparingly used. The provisions for the appointment of a receiver is to be considered as one of the harshest remedies fo..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)
....pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......nsibilities independently. It has got financial independence as well. 5. It is provided in section 28(3) that if any provisions of the Criminal Law Amendment Act contravenes any of the provisions of the Ain, the latter shall prevail over the Act. Section 33 empowers the Commission to ..Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....e question, we consider it necessary to discuss the relevant provisions of law concerning the matter. 11. Section 25B of the Customs Act, 1969 (hereinafter referred to as the Act) has made it mandatory for the importers to have their importable goods inspected by a PSI agency before or at t......response. As the goods have not been released, port demurrage and container charges are incurring each day and thereby the petitioner has been suffering a huge loss including bank interest. As per provisions of the Customs Act and the Rules framed thereunder, the respondents were obliged to rele..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
.... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
......respondent Bank should not be declared to be violative of the order of status quo passed by a Division Bench of the High Court Division on 26.08.2008 in the Writ Petition No.6653 of 2008 and also the provisions of Companies Act and articles of Association of the Company." In the application, it..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......hat it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or wi..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......he said decretal dues by the Judgment-debtor-petitioner and others, filing of Title Execution Case No.160 of 2003, attempts to auction sale of the mortgage property by the Bank in compliance with the provisions of sections 33(1) and 33(4) of the Ain in the execution case without success, issuance ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
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