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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....petitions that the cases have been instituted to persecute the accused with malafide intention. The submissions that the cases have been instituted malafide or to persecute the accused-persons are disputed facts which can not be looked into and decided in a summary petition exercising extra-ordi......ty demanded. At the hearing preliminary objection was raised as to the maintainability of the writ petition in presence of alternative remedy. The High Court Division allowed the writ petition holding that section 30 of the Customs Act was not tenable. This judgment was challenged in this Di..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......y extend to seven years and shall not be less than three years, to which fine may be added." 60. It is pertinent to point out that the learned Judge of the Court below convicted the accused holding following views: — I. The accused were belonged to JMB, II. Confessions of t..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....ry of possession through the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction in favour of the respondent No.1 through the pro...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......was started with the lodging of FIR on 17-12-2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29-10-2004. So in the instant case question of holding investigation by the Durniti Daman Commission or any authorized officer of the commission as..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....g before the date of knowledge and that she had instituted the case as soon as the case land had been improved at huge costs. The High Court Division though observed that the point of limitation is a disputed question of fact which can be determined on the basis of the evidence on record but on the ...... J and my learned brother, Md. Abdul Wahhab Miah, J. I agree with the judgment of brother Surendra Kumar Sinha J. Surendra Kumar Sinha J. - Pre-emptor is the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....e of ‘revival’ the question of the Magistrate becoming functus officio may arise, but no such question can arise if a fresh complaint is entertained though on the same allegation. “It is not disputed that after dismissal of a complaint or discharge of an accused, a fresh complaint may be en......jatan Daman Tribunal, Patuakhali on 29.9.2004 on the self same allegation. On receipt of the said complaint, the learned Judge of the Tribunal sent it to the Magistrate of First Class, Patuakhali for holding a judicial enquiry and submitting a report. The Magistrate, after completion of his enquiry ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......r submits that while drafting the plaint it was mistake of the learned Advocate who did not include the land of P.S. plot No.19 containing 0.2200 acres of land and learned Judge dismissed the suit holding that plaintiff claimed excess land than acquired by exhibit-1. Learned Advocate further sub..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......n – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holdi..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......e law as prevalent at that time, exonerated the petitioners from further criminal liability, as such, cannot be subject to any criminal liability in future but the High Court Division erred in law in holding that the exonerations made under the impugned Ordinance is of no legal effect, which is cont..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......e charge sheet as to how, when, from whom, in connection with what deal or deals the petitioner had dishonestly earned the aforesaid amount of money, although a charge sheet has been filed after holding a complete investigation into the case narrated in the FIR. As such ingredients of section 5..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported a......JUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported actions of eviction by the appellants from holding No.572 appertaining to C.S. Plot Nos.434, 435 and 436 corresponding to R.S. Khatian No.1145 ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......amined the witnesses and recorded the same. He stated that he sent the victim to the Magistrate for recording her statement and at that relevant time the victim was carrying 35 weeks pregnancy. After holding investigation he submitted charge sheet under Section 9(1) of the Nari-0-Shishu Nirjaton Dom..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....The instant Fatwa was wrong but that does not mean that all Fatwas are wrong and execution pursuant to the Fatwa in question was also wrong. The impugned judgment is not a judgment at all, though the disputed Fatwa was wrong.
The High Court Division does not have the power to issue suo motu Rule......o motu Rule in exercising its power under article 102 of the Constitution of the People’s Republic of Bangladesh (the Constitution) and that the High Court Division could make the Rule absolute holding the fatwa in question unauthorized and illegal and make other observations and recommendatio..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......by him with reference to a Nathi No. “দুদক/১১৮-২০০৭(অনুঃ২)” it has been transpired that in between 1-1-1999 to 31-12-1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the C..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ...... lodge any GD with the police station about forging her signature in form 117. d) After receiving application from the defendant No.7 the Bank's Board of Directors scheduled a date for holding meeting upon transfer of those shares and at that stage the plaintiff with a view to be bene..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... a request to the commercial attaché of the High Commission of India along with the defendant No. 6 and the manager of the defendant No. 3, 5, 9 and the defendant No. 8, to be present at the time of holding of the survey which was fixed on 18-7-1993 and this letter has been exhibited as exhibit-8. ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......l receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘অবক..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Khalilur Rahman joined Naoapara godown on 5.1.1991, took over the charge collecting key from the house of Mirza Monowar Hossain. At no point of time, the appellant was in charge of the godown, or was holding the key. There is nothing on records that he abetted Mirza Monwar Hossain or any other offic..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......otification under Notification (sic) vide Memo No. নিকস/(১/১(২৪)/২০১০/১৬৯ dated 02.12.2010 issued by the respondent No.1 under the sign (sic) of respondent No.8 for holding Pourashava Election including the names of Pourashavas namely Cox's Bazaar Sadar, Chakor..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......tion, DMP, Dhaka alleging inter alia that the FIR named accused No.2 Md. Atiqullah Khan Masud on 19-4-1999 applied before the Rajdhani Unnayan Kortipakkha (RAJUK) for approval of a plan in respect of holding No.98 DIT road Malibagh under CS Plot No.642, of Mouza Khilgaon to construct a 15 (fifteen) ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
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