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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

.... through popular vote, which is thecentrifugal body for all democratic activities (4) the Head of the Executive Government, along with his colleagues survive solong as they command the support of the majority members of parliament (5) members of Parliament, who alone enjoy prerogative to legislate, ......¦°à¦¾ কোনো বাংলাদেশি মানà§à¦·à§‡à¦° পকà§à¦·à§‡à¦‡ সমà§à¦­à¦¬ না।†Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 154

Moti Mia Alias Motin Vs. State, 2008, 37 CLC (HCD)

....he act of the accused petitioner was unintentional, the trial Court shall have right to alter the charge from section 302 to section 304 part II of the Penal Code. It is easy to alter the charge from major section to minor section. But it is legally difficult to alter charge from minor section to ma......e does not call for any interference. In the result, the Rule is discharged. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 87. ..

Category: Criminal Law | Date: | Hits: 66

State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....lew to rivers and thereby kept the part of the city free from water logging and impurities. 27. The reproduced feature also suggests that the unauthorized erection of the building also stands as a major stumbling block in implementing ambitious Hatirjheel Project. It is claimed that RAJUK appears...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 642

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....n 491 to determine whether the judicial custody is illegal or improper. Since the statement of the victim corroborates with the opinion of the Radiologist, we can safely con­clude that the victim is major and she has legal right to choice with whom she would go. So the judicial custody of the victi......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)

....ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ...... no legal effect. 2. The facts leading to the issuance of the Rule, in brief, are: 3. The petitioners are holders of securities of different Mutual Funds as under: 1. ICB AMCL 1st NRB MF: 50 shares ICB AMCL Islamic MF: 300 shares 2. ICB AMCL 1st NRB MF: 100 shares 3. AIMS 1st Mutual F..

Category: Business or Commercial Law | Date: | Hits: 462

Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)

....342 of the Code, 1898 that the age of the appellant No.1 Md. Nur Alam was shown to be 28 years and age of the appellant No.2 Md. A. Latif was shown to be 27 years. So we find that the appellants were major at the time of commission of offence on 30.12.1993 i.e. the night following 29.12.1993. So the......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 170

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

.... lapsed but these lands have not yet been used by the requiring body for the purpose of expansion and development of the old Tejgaon Airport. 3. On 20‑8‑84, the Government of Bangladesh made a major policy decision as contained in Memo No.DA‑71/84/514‑Acqn of the same date issued by the S......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....ed accused had quarrel with the deceased Milu regarding hat land as well as financial matter. 36. The learned trial Court has believed some portion of the prosecution case and also disbelieved the major part. Thus he acquitted 17 (seventeen) accused persons and convicted only 5(five) persons. But......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..

Category: Criminal Law | Date: | Hits: 74

Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)

.... Bangladesh") having its registered office at House No.3, Road No.23A, Gulshan, Dhaka since 18-7-2005. He is also Managing Director of World Tel of Bangladesh Holding Ltd. (WTB Holding), which is the majority and controlling share of WT Bangla­desh. WT Bangladesh was incorporated on 12-6-2000. The ......adesh was incorporated on 12-6-2000. The Chairman of WTB Holding Ltd. is Mr. Sam Pitroda settled in the USA and he was thus one of the original promoters of WT Bangladesh. On 24-3-2001 and 31-10-2001 shares of World Mauritius Ltd. and World Tel Holding Ltd. in WT Bangladesh were trans­ferred to WTB..

Category: Criminal Law | Date: | Hits: 124

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

....risdiction under section 233 of the Act is regulatory and preventive in nature and this jurisdiction is to be exer­cised to protect interest of the minority shareholders from being prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, eit......n the petition that the Company has been incorporated on 11-5-1997, vide Certificate of Incorporation dated 11-5-1997, under the Companies Act with 4 sub­scribers, subscribing for total 2000 numbers shares of Tk.100 each. These 4 subscribers each has sub­scribed for 5,000 shares equally. Article 1..

Category: Company Law | Date: | Hits: 129

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

.... the deed and the title to the land did not pass to the plaintiff by virtue of such a deed. 10. Mr. Haque, the learned advocate next sub­mitted that the defendant Nos.5 and 6 have pur­chased the major part of the suit land inherited and sold by the two daughters of Soleman Nessa and they should......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....oval have acted arbitrarily and against public interest to give advantage to a private party. It has been further submitted that in view of the disclosures made by the contesting respondents that the major change in the basic structure of the scheme has been agreed upon by the contesting respondents......e holder of the Joint Venture Company, namely, SS Netherlands BV was non existent in the eye of law on the date respondent No. 8 company was incorporated i.e. on 15‑12‑1997, and the allotments of shares in favour of SSA Netherlands BV were made illegally, since not in existence and therefore, th..

Category: Others | Date: | Hits: 113

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ......esents this applicant. The applicant prays for directing the respondents not to evict the applicant from the foreshore land covered by its licence. 4. The applicant is a private company limited by shares. The applicant constructed a hi-tech factory on its land. The applicant applied to the conser..

Category: Environmental Law | Date: | Hits: 731

Intertek Testing Services International Limited and others Vs. National Board of Revenue, Dhaka & others, 2003, 32 CLC (HCD)

....pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ......pay VAT, and the amount already deducted from their bills is liable to refund. We direct the parties to bear their respective costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 691. ..

Category: Fiscal/Taxation Law | Date: | Hits: 119

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....r a person of unsound mind from the custody of a lawful guardian, there is no question of compelling the minor under sixteen years of age by force but in a case of abducting a person being a minor or major, there is the question of compelling the person by force or inducing by deceitful means. 31......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

.... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... exclusive possession of the specific portion of the land and separate share of the suit plot well demarcated by boundaries so as to entitle the plaintiffs to retain their possession against their co-shares till partition by metes and bounds. The similar view was taken in the case of Abdus Samad Aka..

Category: Procedural Law | Date: | Hits: 137

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ...... called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dated 05.3.2005, issued by the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of respon­dent No.5 and others in Taj Jute Backing Company Limited should not be declared to..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....nto Akhra bari which was known as Gopal Jew Moha Prabhu Akhra of Rakhail. To make a permanent arrangement for the maintenance of the Akhra and perpetual Sheba puja Ramani Mohan Das made a gift of the major portion of his properties to the said deities on 27th Chaitra, 1333 B.S. He divested his inter...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)

....he order of status-quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......as been appointed as Mutawalli of the wakf Estate. Late Haji Ahmed Meah Sowdagar died leaving seven sons. Haji Hafez Ahmad (died on 20-12-1986, the Daughters of Ahmed Meah Sowdagar relinquished their shares in favour of their brothers. Late Haji Ashraf Ali Chowdhury himself and after his death his s..

Category: Administrative Law | Date: | Hits: 175

Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....y submits that he will not press for refund of the amount in question since it has been already paid up as mentioned in the petition. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 441. ......uld not be directed to refund Tk. 1,97,980.91 to the petitioner within specific period. 2. The background leading to the Rule, in short, is that the petitioner No.1 is a private company limited by shares and the petitioner No.2 is the Managing Director of the petitioner No.1 company. The petition..

Category: Fiscal/Taxation Law | Date: | Hits: 174