Search Options
Judgment Advanced Search
Displaying 281-300 of 5586 results.
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....n 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 further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule may be, briefly, stated as follows: The petiti......1. ......Commission, Dhaka on 19-06-2007. It is also stated in the wealth-statement that during his detention, he submitted an application to the concerned authority for having consultation with his legal counsel for submitting wealth-statement and accordingly, an opportunity was given to meet his ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....cause as to why the judgment and decree complained of in the petition moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the judgment and decree dated 24.11.2005 (decree signed...... This Case is also Reported in: ......ecording of the Revenue Survey (S.A.) in the name of government, the present plaintiff-opposite party filed the present suit for declaring the recording in R.S. Khatian in the name of Government as illegally and unlawfully made by the office of the government by a gross mistake and nor binding upon ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
.... the Act protects the interest quo member. But, the question whether such interest shall refer only to the direct interest of a member or to ultimate interest to see that the company is being managed properly and as per law was neither agitated nor decided in the aforesaid decisions referred to by t......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......ndent Nos.2 and 3 disregarding the provision of Articles 25(d) removed the petitioner from the office of the Managing Director by an ordinary board resolution which is unlawful and is of no legal effect. Hence this petition. 3. The Respondent No. 2 appeared in this matter and submitte..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
..... Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. Justice would be done if a direction be given upon......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......aring on 26-4-1987. 7. It transpires from the record that the revisional application is pending since long before and the subject matter of this application relates to questions of facts and the legal matters are involved in the case. However, since the Rule is of 1987, the matter is pending fo..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.... Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a constitutional court is empowered to grant and pass any necessary order/s as it deems fit and proper as equitable relief in addition to doing usual “fair and just” adjudication of an......HCD) (2013) 68. ...... disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the suit land but they are not performing th..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....nd the High Court Division also erred in affirming the same. However, in view of the fact that the case was initiated as back as on 17-12-2003, we instead of granting leave in the matter, consider it proper to dispose of the petition finally. Accordingly, this petition is disposed of the follow......d. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: Th...... was deemed to have been discharged and unless the order of discharge was set-aside by a competent Court, fresh order of taking cognizance by the Senior Special Judge in the self-same case was illegal and unjustified and, as such, the impugned proceeding was an abuse of the process of the Court..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... Instruments Act, 1881, now pending in the Court of Chief Metropolitan Magistrate, Chittagong should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of l...... ......Eastern 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..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....enior Assistant Judge, 6th Court, Dhaka, in Title Suit No.128 of 1999 dismissing the suit should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in r......(Civil Revisional Jurisdiction)
Present:
Shahidul Islam J
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
Oct...... Rojot got the suit land by way of settlement from original owner Manikko Sundory. It was the plaintiff case that after their purchased they went to pay rent and came to learn that the property was illegally recorded as vested property.
6. The defendant petitioner being the Government of Bangla..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
.... the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Court No.6, Dhaka, should not be quashed and/or 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 wer...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-...... Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with his legal counsel. In consequence of detention order dated 5-7-2007 under the Special Powers Act, 1974, ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....ourts of the High Court Division having criminal jurisdiction are equally competent to pass an order of direction upon the police not to arrest and harass the petitioner without due process of law in proper cases. Considering the fact that the name of the petitioner has not been mentioned in the for...... in the form of the FIR, but his name has been mentioned in the body of the FIR. He further submits that as the name of the petitioner has been mentioned in the body of the FIR, police is chasing him and that police also recently raided his house. He also submits that since the name of the petitione......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....an application under Order XXI, rule 83 of the Code of Civil Procedure for issuing a sale certificate in his favour in order to enable him to repay the decretal amount by selling one of the mortgaged properties situated at Gulshan. The Artha Rin Adalat rejected the prayer by order dated 14 November,......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......erest in respect of the mortgaged property was conferred upon the purchaser Ragib Ali on the strength of the deed which was allegedly executed by the judgment debtor on the strength of an illegal sale certificate; it was issued in total violation of law. 7. True, the executing Co..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....ts person referred to in clause (a) of that subsection in manner whatsoever. 18. Relevant portion of BRPD Circular Letter No.11 dated 14-8-2008 is also required to be quoted for arriving at proper decision in this matter. The Circular Letter reads as follows: ব্যা......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ...... plaint of Title Suit No.189 of 2011, the plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 from the court bel..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case he will have to meet and thereby an op......is also Reported in: 21 BLT (HCD) (2013) 20 ......he relevants evidence, other materials on record together with the attending facts and circumstances of this case as well as the provision of law to ascertain whether the Tribunal has committed any illegality or abuse of process of the law in passing the judgment and order of the conviction and sent..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. ......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871...... Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871 of 2007. Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 20-6-2007 pas..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....Additional Sessions-Judge (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......te Opposite-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, Di......ciple of law that quashment under section 561A of the Code of Criminal Procedure is possible in cases of (a) facts alleged not constituting any offence (b) bar of law (c) coram non judice (d) lack of legal evidence adduced and for ends of justice. None of the conditions referable to (a), (b) and (c)..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......ectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of this Rule, are as follows:&md..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
.....05.1996 passed by the Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the issuance of the Rule, in brief, can be stated thus, the pla......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg...... of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vide Memo No.74-11/4D-1/77 dated 12.04.1978 is illegal, without jurisdiction, ineffective and not binding upon the plaintiff and also for a direction..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
............Respondents Judgment August 8, 2012. Result: The appeal is allowed. The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation either to deny the facts alleged by the claimant ......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a......s the very inclusion of the case property in the list of abandoned buildings is violative of the aforesaid provisions of law and, as such, the same has been done without lawful authority and is of no legal effect. 7. Being aggrieved by and dissatisfied with the enlistment of the disputed house ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ...... IT Reference application No. 233 of 2011 With Rule No.198 (ret) of 2011. Judgment AFM Abdur Rahman J.— Both these Income Tax Reference Application being No. 405 of 2009 and Income Tax Reference Application No. 233 of 2011 along with a Rule 198(ref) of 2001 filed by the...... No. 233 of 11 the following questions of law has been formulated by the assessee-applicant Padma Oil Company limited, for an opinion from this court; "Whether the learned tribunal was legally justified to confirm the assessment complete under section 83(3)/82c of the Income..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....rding the registration of the firm as well as the certified copy of the Articles of Association the latter, vide letter dated 3-8-2011, categorically stated that all the submitted documents were properly signed by competent persons and, further, explained in a greater details all other issues r......) 98. ......ies or donor agencies under any Loan Agreement. He further submits that JICA has already given their concurrence to the pre-qualification of two Companies only and, as such, at this stage there is no legal scope on the part of any Review Panel to pass any direction upon BTCL to treat NETAS as a pre-..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
86107776939888048767876086708803834287928863882496138794877887909610833696458775