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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ng upon the pposite-parties to show cause as to why the impugned proceedings of Special Case No. 23 of 2007 arising out of ACC GR No. 25 of 2007 corresponding to Motijheel Police Station Case No. 140 dated 29-3-2007 under sections 409/109 of the Penal Code read with section 5(2) of the Preventi...... 2004-2006 and 2006-2007. The accused-petitioner was a veteran Freedom-Fighter who used to perform outstanding social activities to promote the cause for the distressed people. However, a tender notice at the instance of RAJUK was published in the Daily Ittefaq on 5-6-2004 for sale of numerous ......p;……...Opposite Party Judgment November 8, 2012. Result: The Rule is discharged. Under latest Propositions of Law, an Accused cannot remain on Anticipatory Bail for an Unlimited Period- It is now well settled that after submission of the police report, the..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ion No. 4123 of 2011. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint District Judge......y order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint District Judge, 1st Court, Bhola in Artha Execution Case No. 20 of 2010 and as to why auction notice published in the Daily Ajker Bhola on 20-4-2011 in the Daily Nayadiganta on 22-4-2011 (Annexu......s made absolute. Upon the satisfaction of the Court a private sale of the mortgaged property to satisfy the decreetal amount can be allowed to the Judgment debtor by the Court. A reasonable time for so doing only to be given. In the instant case, the ends of justice would be best served if..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
....e), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 23.05.2007 passed by learned Judge, in Sessions Case No. 14 of 1996 convicting the appellant u......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ......d Md. Ziaul Karim J.— This reference under Section 374 of the Code of Criminal Procedure (briefly as the Code) has been made by learned Additional Sessions Judge, Lakshmipur (briefly as Judge), for confirmation of death sentence of condemned-prisoner. 2. By the above appeals the appellant..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....vocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001.) Judgmen......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ition is dismissed. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.923 of 2009. (From the judgment and order dated 14.01.2009 passed by th..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From the judgment and order dated the 10th day of January, 2010 and the 3rd day of February, 2011 passed by the High Court Divis......ve Petition No.648 of 2010, it appears that the High Court Division discharged the Rule on two grounds: first being that the writ petition was not maintainable. In holding so, the learned Judges took notice of the fact that the petitioners denied about the filing of application under section 49(1) o......swami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record- For the Petitioners (In both cases). None represented-For the Respondents (In both cases) Civil Petition for Leave to Appeal No. 648 of 2010. with Civil Petition No. 434 of 2011. (From th..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....sh; At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 should......e. the member of the Plaintiff Samity in plying the Rickshaw as a result of which thou-sands of Rickshaw drivers became unemployed caused their financial sufferings. On 7-11-1999 the plaintiff issued notice to the defendants for implementation of the assurance made by defendant No.1 but without...... against the order No. 8 dated 30-1-2000 passed by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 rejecting an application under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that t..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....onstitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Ladin......Ordinance. Section 22 is quoted below; "(1) If the master or owner of any vessel, at or before the time of landing from such vessel of any goods at any dock or pier, gives to the Authority notice in writing that such goods are to remain subject to a lien for freight, prim age or aver...... to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to release the said imported duty paid goods. 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner opened a Letter of Credit ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....opposite-parties to show cause as to why the impugned proceedings of Special Case No.16 of 2008 arising out of ACC GR Case No.12 of 2008 corresponding to Ramna Model Police Station Case No.19 of 2008 dated 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read wit......al Powers Act, 1974 for a period of 30 days and the same was extended time to time. Lastly, it was extended on 05-2-2007 for a period of 90 days. While the accused-petitioner was in detention, a notice being Memo No.দুদক/১৪৮-২০০৭(অনুঃ-২)/৩১৫৫ dated 29-5-2...... 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 15(gha)(5) of the Emergency Power Rules, 2007 and section 109 of the Penal Code, now pending before the learned Special Judge, Court No.8, Dhaka should not be quashed and/or pass such other or fu..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....n as he notified the Company that he was unable to pay for 65 DLR (2013) Grameen Solutions Ltd Vs. Joi 39,600 issued shares; that subsequently, Mr. Zabir Husain informed the Company by an e-mail dated 10-1-2012 that due to personal reason he wished to withdraw his investment of Taka 4 crore mad......any. Sarfarz Ali by another e-mail dated 10-1-2012, also informed the company that he wished to withdraw Taka 4 crore out of his total investment of Taka 5 crore made in the Company; that thereafter, notice dated 26-1-2012 was issued, to all the shareholders of the Company, convening an Extra-ordina......t: The proposal is confirmed. Companies Act, (XVIII of 1994); Sections 59 and 64 Company Rules, 2009; Rules 30 and 36 Confirmation of Reduction of Share Capital- The proposal for confirmation of reduction of share capital comes within the purview of the clause-(c) sub-sectio..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein it also has been mentioned that his rem...... board resolution dated 6-10-2011, signed by the Respondent No. 2, which was annexed to the petition of Complaint case No. 117 of 2011 filed before the Chief Judicial Magistrate Court, Sylhet, it was noticed that the petitioner has been released from the office of Managing Director; that subsequentl......ent No. 1 company that the affairs and business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....ition under Order I, rule 10 for adding them as defendants in the original suit. The learned Munsiff, Debigonj, after hearing both the parties allowed the petition under Order I, rule 10 by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in ......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. ......the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Writ Petition No.1633 of 2003) J......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ...... dated 27.01.2003 issued by the petitioner No.1. The respondent obtained a work order contained in Memo No.W-4/1429 dated 12.06.2002 from the Executive Engineer (R & H), Roads Division, Gopalgonj for constructing flexible pavement over Hatbaria-Golabaria Road, 9th Angsha and 10th Angsha. As per ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.....10007 of 2011. Judgment Md. Khurshid Alam Sarkar J.- The Rule was issued calling upon the respondents to show cause as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian &nb......Jote Joma, but the respondents refrained from dealing with the petitioner’s matter and, finally, having failed to mutate on payment of rent and taxes for the suit land, the petitioners issued a notice demanding justice to respondents on 30-3-2011 allowing the latter 7 days time to comply with ............................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
..........................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of the cause of action.............(37) Cases Referred to- Sarwar Hossain Moni Vs. St......n Branch, Chittagong on 17-1-2007; but the said cheques were again dis-honoured and returned unpaid for insufficient fund. Subsequently, after bouncing of the cheqties, the complainant issued a legal notice upon accused Nos.1-3 for payment of cheque-amount; but they did not pay any heed to the deman......ture so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....edure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of Gulshan Police Station Case No.47(9) of 2007 dated 16-9-2007 corresponding to ACC GR No.99 of 2007 under section 26(2) and 27(1) of the Anti-Corr......, he was arrested on 13-4-2007 and a case was started against him under section 25B of the Special Powers Act, 1974. While the accused-petitioner was in custody in the said case, he was served with a notice dated 3-7-2007 issued by the Anti-Corruption Commission which he received on 4-7-2007 th......pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all further proceedings of the above mentioned case were stayed. 3. Facts necessary for disposal of the rule are that the accused-petitioner is a Senior Advocate of the Bangladesh Supr..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....nt No.1 (In Civil Appeal No.108 of 2008). None Represented—For Respondent Nos.2-4. (In Civil Appeal No.108 of 2008) Civil Appeal Nos.105-108 of 2008. (From the judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). J......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). Judgment SK Sinha J. - These appeals arise out of the same judgment and therefore they are disposed of by this judgment. Agrani Bank obtained a preliminary decree against w..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....that the Bank entered appearance in the suit oh 21-8-11 by filing Vokalatnama through its teamed Advocate and therefore no order of injunction was operative at the moment; certified copy of the order dated 18-8-2011 has been annexed as Annexure-C to the application; that the other grievance of the p......y the decision of the board of directors of the bank to enhance its share capital by way of initial public offering (IPO) instead of issuing right shares and that he was also aggrieved because in the notice of the 13th AGM no agendum for raising capital through IP0 was mentioned. He also filed an ap......t, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein after referred as 'the Bank'). 2. Facts, in short, for the disposal of the matter are that one Md. Abdul Mia, a shareholder of the Bank holding 112 sha..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....sh;For the State. Criminal Appeal No. 4282 of 2609 Judgment Mr. Md. Abu Zafor Siddique J.— This appeal is directed against the judgment and order of conviction and sentence dated 17/06/2009 passed by the of Nari-O-Shishu Nirjatan Daman Tribunal, No.2, Pirojpur, in Nari-O-S......to explain any circumstances appearing in the evidence against him". It seems to be extremely unfair for a Judge to rely upon a circumstance as being incriminating without giving the accused any notice of it and without giving him an opportunity of explaining the circumstances, in any manner. T......at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....e-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Dinajpur in ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......(3) Special Court, Dinajpur in Special Court Case No.97 of 1996 should not be quashed or such other or further order or order passed as to this Court might seem fit and proper. 2. Facts relevant for purpose of disposal of the instant Rule, in short, are that on 15-3-1996 informant Asma Khatun (..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....yeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal Case No.186......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. ...... of 1998 convicting the appellant Khasru Ahmed of the offence punishable under Section 19 (a) read with section 19A of the Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Police Statio..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
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