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Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ...... 6. Being aggrieved by and dissatisfied with the impugned proceedings, the accused-petitioner approached this Court with an application under section 561A of the Code of Criminal Procedure with a view to quashing the impugned proceedings and obtained this Rule. 7. At the very outset, Mr. AM..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)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......94); 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-section (1) of section 59 of the Act and this has been considered by the ..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)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ...... 28 is liable to be distinguished for the reasons stated herein before. 9. Then referring to the, decisions taken in 54 DLR 306 and in 61 DLR (AD) 82, there is no reason to depart from the views taken in those cases that unless the jurisdiction is conferred in this Court to decide a lis, ..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. ......opposite-parties No.1 to 6 as defendants in the original suit and also directed the plaintiff petitioner to add the Government of Bangladesh as defendant. 11. From the forgoing discussion and in view of the facts and circumstances of the case and having regard to the materials on record, I find..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....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: ......eer, Faridpur to take necessary steps for allotting the remaining Tk.20,00,000/- (Taka twenty lacs) for the respondent’s work. 11. In the facts and circumstances noted above, we accept the view taken by the High Court Division that the contractor having duly completed his sub-project No.2..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties and, as such, inaction of respondents is illegal. It is also submitted that in view of the fact that the judgment and decree passed in Title Suit No.189 of 2001 has, subsequently,..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... illegally and without jurisdiction, the learned Judges of the High Court Division on a wrong approach as to the effect of repealing of sub-section (5) of section 6 of the Act, 1958 on 18-5-2004 erroneously held that prior sanction of the Government for prosecuting the petitioner, was not neces......ly and without jurisdiction in taking cognizance of the offence against the petitioner on 12-3-2005, i.e. long after coming into force of the Ain, 2004 without any sanction from the Commission on the view that section 409 of the Penal Code is not an offence under the Ain, but mentioned in the schedu..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ngs initiated against the accused-petitioner Engineer Afsaruddin Ahmed under section 138 of the Negotiable Instruments Act, 1881 is not maintainable and sustainable in the eye of law and in that view of the matter, the impugned proceedings should be quashed. He next submits that in view of the ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......¦¨, ২০০১’ as amended till 2011, before this Court and particularly drown attention of this Court to section 13 of the said Act. The learned Assistant Attorney-General, submitted that in view of the section 13 of the Act the Rule stood abated and, as such, he prayed for ah appropriate o..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
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. ......roceedings, having been initiated on the basis of the said void notice, the same stands void and without unlawful authority. In support of this contention, the learned Advocate has relied on the view expressed by the Appellate Division in the case of Anti-Corruption Commission Vs. Mohiuddin Kha..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....bling the judgment-debtor to raise money for payment of the total decretal amount by private sale without the consent of the decree-holder. The High Court Division had totally overlooked this bar and erroneously directed for the issuance of sale certificate in favour of the judgment-debtor. The dire...... the fact that it was sold at Taka 1,95,00,000 against the total decretal amount of Taka 24,97,31,573. Even if it is assumed that only one property was sold leaving aside the other two properties, in view of sale of the same property at Taka 4,00,46,250 during the relevant time it is apparent that t..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......mmission (SEC) the board of directors of Bank has further taken the resolution dated 26-5-2011 to procure the capital through IPO and there was no illegality in adopting such resolution. In this view of the matter the learned lawyer prays that the delay may be condoned so that the Bank can call..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 ......d with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the learned trial Court came to the finding that the..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. ......hat all the charge-sheeted witnesses are to be produced before the court and examined." 12. On the same point he refers the case of Md. Harisuddin Vs. State 20 BLD 576 held: - "In view of section 134 of the Evidence Act an accused may even be convicted on the sole evidence of a l..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....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. ......l flaw in their evidence. 22. On perusal of the depositions of P.Ws. and other materials on record and on careful consideration we find that the petitioner's case does not come within the purview of the aforesaid four conditions as laid down above. The impugned judgment and order of convict..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......was also rejected summarily on 23-2-1996. 6. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 7. No one appears to support the Rule. In view of facts this is an old case of 1996, we are inclined to take it up for disposal on merit consi..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the above facts and circumstances, we find no substances in this writ petition. All the allegations: made by the petitioner in its petition are amorphous, fallacious and absolutely based on erroneous notion. Respondent No.1 BTRC upon issuing the memo dated 17-10-2011 did not violate any ri......with equal installment per month. iv. The operators have to pay the Annual Spectrum Charge for this assignment as per spectrum pricing formula. v. Current Spectrum Pricing Formula will be reviewed at the end of 2008. vi. The assignment will be for 18 years from the date of assignment ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
....ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ...... or that who is responsible for the cause of death. The evidence in this connection is superficial in nature. As there is no conclusive evidence as regards, the principal assailant we are of the view that the ends of justice would be met if the sentence of the petitioners is commutated to impri..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....arch, 1971 was not a resident of this country and accordingly, under the purview of aforesaid law his citizenship is seized. The learned trial court during disposal of the original suit arrived at an erroneous view that the termination letter of the defendant-opposite parties is illegal, null, void ...... and as a result under the Provisions of P.O. 149 of 1972 the plaintiff-petitioner being not the citizen of Bangladesh he was terminated from his service after Police Verification Report under the purview of law. The further case of the defendant-opposite parties is such that the plaintiff-petitione..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of BanglaÂdesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......doned Buildings (Supplementary Provisions) OrdiÂnance, 1985 (in short Ordinance of 1985)and that even the Government is not bound by a decree passed in a suit for specific performance of contract in view of the principle enunciated by this Division in the Case of CQMH Md. Ayub Ali Vs. Bangladesh, 4..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
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