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AHM Kamruzzaman Khan Vs. Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other, 2012, 41 CLC (HCD)

....ny of the jurisdiction by this Act conferred upon the Court, and in that case such District Court shall, as regard the jurisdiction so conferred, be the court in respect of all companies having their registered office in the district. 17. The learned Advocate for the respondents argued that th......he company. After conclusion of trial learned Additional Joint District Judge, Dhaka decreed the suit of the plaintiff. During pendency of the said suit, the defendants removed the plaintiff from the post of Managing Director on 22.03.1997, which was challenged by the plaintiff by filing a Writ peti......39;s records along with a copy of this judgment at once. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18. ..

Category: Company Law | Date: 19 Mar, 2012 | Hits: 689

Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)

....Ļŋ āĻĻāĻŋāϤ⧇”āĨ¤ 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of land from dag  No.1688 by registered saf kabala dated 24-2-14 to Chandra Mohan and Jogendra Chandra. Raj Kumar on the same dat......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......t          March 18, 2012.   Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR  (AD) 39; Pronoy Bhusan Bardhan Vs. The Sub-..

Category: Others | Date: 18 Mar, 2012 | Hits: 5

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....gal effect. 2. Facts, in brief, are that the petitioner is the Dhaka New Market Byaboshayee Shomittee  (Dhaka New Market Shop Owners' Association) (in short, the Association) which is a registered trade organization bearing Registration No.Dhaka-2708. The members of the Association are......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......llip;…...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar Sadat Vs. Bangladesh 6 BLC 289. Lawyers Involved: Aneek R Hague, Advocate wi..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

.... should be declared illegal by this Hon'ble Court. 15. In reply to the submission made by the UGC and respondents No.8 and 9 with regard to their apprehension as to creating chaos in getting registered with Bangladesh Veterinary Council after completing 4.5 years BSc course in Animal Husban......10-12-2011 but due to suspension order regard­ing admission of BSc in Animal Husbandry (Hons) Course, the petitioners and other qualified students (30 students) could not get admitted in the said post. Thereafter, several representations were made by AHA (the petitioners' Association) but wi......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....udgment March 12, 2012. Result: The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknow­ledgement due to the proper address of the addressee then it is deem...... March 12, 2012. Result: The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknow­ledgement due to the proper address of the addressee then it is deemed to be pr......provision of law and adjudicate the proceeding, otherwise it will be treated as premature. ....................................(17) Cases Referred to- Dr. MA Yahia Vs. Abdul Quader, 14 BLC (AD) 109; RAJUK Vs. Dhaka Water Supply, 14 BLC (AD) 129; Md. Badiul Alam Khondker Vs. M/s Munni Chemi..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Assistant Horticulturist, Agriculture Extension Division, Crop Section Vs. M. A. Sattar Bhuiyan, 2012, 41 CLC (AD)

....alia, that the suit Sand along with other lands belonged to Kadam Mia, Kuran Mia, Nur Khatun, Abdul Malek, Asia Khatun and Amode Ali and from them Majharul Huq and others purchased the said land by a registered kabala in the year 1965. Majharul Huq and others mutated their names, obtained separate k......d dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ......ion for hearing and dis­posal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside. Ed. This Case is also Reported in: 9 ADC (2012) 644. ..

Category: Property Law | Date: 12 Mar, 2012 | Hits: 94

Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)

....994. Judgment Md. Emdadul Huq J. - Upon an application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) filed by the 11 accused petitioners, this case was registered as a Criminal Revision as per pre­vious practice of this case. 2. On that applic......dated 7-1-1986, 8-1-1986 and 18-1-1986, wherein the 11 petitioners and two others were falsely shown as surplus employees of the said two departments and they were nominated for absorption in various posts of the Land Ministry. Accordingly, two officers of the Land Ministry named ASM Azim, Senior As......al Judge, Dhaka and also to the Chairman of the Anti-Corrup­tion Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36.         ..

Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    ..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)

....sp; Criminal Revision Case No.1571 of 1994. Judgment Md. Emdadul Huq J.- Upon an application under section 561A of the Code of Criminal Procedure, 1898 (shortly the Code, 1898) this case was registered as a Criminal Revision as per previ­ous practice and a Rule was issued by this Court on ......the expression āϚāĻžāϕ⧁āϰ⧀āĻšā§āϝ⧁āϤ āĻ•āĻ°ā§āĻŽāϚāĻžāϰ⧀ are not legally the same expression. A surplus employee does not necessarily loose his employment because of abolition of his post. He may get the benefit of absorption under the Ordinance 1985. On the other hand a āϚāĻžāĻ•ā§......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....r as accused in the Charge-sheet and the learned Magistrate took evidence on inquiry and also took cognizance against Ansar Sarder in this case. 5. The Rajbari PS Case No.08 dated 26-03-1993 being registered as GR Case No.54 of 1993 under sections 323/326/34 of the Penal Code was started and whic......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

....ondent No.1 went to the office of the petitioner to join his post and submitted the joining let­ter. But the office of the petitioner did allow him to join. After that, he sent his joining letter by registered post on 05.12.1993 to the petitioner with a prayer for accepting his joining letter and a...... Case No.08 of 1992 in the Second Labour Court, Dhaka. After trial, the case was dis­posed of by the judgment and order dated 26.10.1993 directing the petitioner to allow respondent No.1 to join his post within 45 days from the date of judgment. On 14.11.1993, 15.11.1993, 20.11.1993, 21.11.1993 and......een made on proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....reafter the appellant filed the same before the Election Appellate Tribunal, Gopalgonj on 07.01.2010 i.e. after 115 days from the date of passing of the order of the Election Tribunal. The appeal was registered as Election Appeal No.01 of 2010. The Election Appellate Tribunal by its judgment and ord...... parties. 3. The case of the election petitioner of the above said Election Tribunal Case, in short, was that he and the opposite party Nos.1 and 2 in the election petition were candidates for the post of Vice-Chairman (male) in the election of Tungipara Upazila Parishad held on 22.01.2009. As pe......er the law laid down on the construction of section 14 read with section 29(2) of the Limitation Act in the case of Abu Basher Vs. Investment Corporation of Bangladesh and another reported in 52 DLR (AD) 178 is the correct statement of law." 8. So the only question which will have to be answered ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

....Shishu Nirjatan Damon (Bisheh Bidhan) Ain, 1995 (hereinafter called the Ain). 4. The case, after being ready for trial, was sent to the Nari-o-Shishu Nirjatan Damon Tribunal, Moulvibazar and was registered as Nari-o- Shishu Nirjatan Case No.5 of 1999. Thereafter it was sent to the Nari-o- Shish......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....ment of the judgment and decree dated 23.11.1999 by allowing and awarding statutory rate of interest since filling of claim by the plaintiff. The trail court allowed that review application which was registered as Miscellaneous Case No.7 of 2000 and considering the facts and cir­cumstances and also......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......­sion it is evident that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)

.... February 23, 2012. Result: The rule is made absolute. As per section 54 of Transfer of Property Act sale is a transfer of ownership i.e. actual sale and actual sale means transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an ag......s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191  21 BLT (HCD) (2013) 39   ......ed sale deed it does not create any right, title, interest or title of the purchaser in property……(9) Cases Referred to- Fakhruddin Mia Vs. Mohammad Khodaboksh Sheikh, 29 DLR (AD) 268; Sontosh Kumar Chakra-borty Vs. MA Motaleb Hossain, 36 DLR (AD)248; Government of Bangladesh..

Category: Property Law | Date: 23 Feb, 2012 | Hits: 6

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... Court may deem fit and proper.” 2. The averments figured by the petition are, briefly, as follows: 3. The organization Human Rights and Peace for Bangladesh (HRPB) is a non profitable registered organization the objects of which is to uphold human rights and to work for the poor peo......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ......e made absolute without any order on costs. The authorities are directed to stop collection of user fees at the government hospitals forthwith. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: 19 Feb, 2012 | Hits: 14

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

.... Application No.1 of 2011. Judgment AFM Abdur Rahman J. - This application, under section 42 of the Trade mark Act 2009, praying for rectification of the Register of Trade marks by removing the registered Trade mark No.31112 in class No.32 from the register, having been contested by the respon......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......ven-up Company, Karachi, PLD 98 Karachi 10; Powell Vs. Birmingham Vinegar Brewery Co. (1893) 10 RPC 63 Ch. D; Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 54 DLR 273; BCIC Vs. Sattar Match Works, 44 DLR (AD) 208. Lawyers Involved: Md. Moazzam Hussain, Advocate - For the Petitioner.  ABM S..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......short, is that on 04.11.1977, he joined Agriculture Extension Bureau as Jute Extension Assistant (āĻĒāĻžāϟ āϏāĻŽā§āĻĒā§āϰāϏāĻžāϰāύ āϏāĻšāĻ•āĻžāϰ⧀). By a notification dated 14.09.1982, the post of the petitioner was re-designated as Block Supervisor (B.S). The petitioner had been serving ......re completion of eight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..

Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

.... 32. Md. Mahbubur Rahman, figured as D.W.2 in the suit who deposed that his brother Habibur Rahman purchased two khatas of land fell in the share of the plaintiffs of Title Suit No. 164 of 1991 by a registered kabala dated 7-12-98. 33. During cross-examination this witness admitted that Dulari......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Human Rights and Peace for Bangladesh (HRPB) Vs. The Mayor, Dhaka City Corporation and others, 2012, 41 CLC (HCD)

....void traffic jam in the area.” 2. The averments figured in the petition are, briefly, as follows: The petitioner, Human Rights and Peace for Bangladesh (HRPB) is a non profit making registered organization, the objects of which include upholding human rights of citizens, to work f......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:......can be treated as a public interest litigation, and the necessity of swearing any affidavit can be dispensed with. The office is directed accordingly. Ed. This Case is also Reported in:..

Category: Constitutional Law | Date: 2 Feb, 2012 | Hits: 15