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Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......he documents submitted by the petitioner to support his claim in respect of those shares are vague. In this situation the question as to the title of these shares cannot be decided within the summary jurisdiction of this Court. This has to be decided in civil Court. As such this application for rect..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ated their innocence. The defence did not, however, examine any witness. 7. The defence case as could be gathered from the trend of cross-examination of the prosecution witnesses is of total denial. The accused had been falsely implicated in this case out of enmity inasmuch as they we......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
....subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ...... that the persons appointed under the project would be absorbed in the revenue setup after completion of the project, there is indication from annexure-D that they would be absorbed; that in the absence of project profile it is not possible for ascertaining the terms upon which the project docu......subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 855. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 6
Government of Bangladesh and others Vs. Md. Abul Kalam Azad and others, 2012, 41 CLC (AD)
.... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ...... that the persons appointed under the project would be absorbed in the revenue set up after completion of the project, there is indication from annexure-D that they would be absorbed that in the absence of project profile it is not possible for ascertaining the terms upon which the project docu...... subject to availability of vacancies according to their seniority. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 3. ..Category: Employment/Service Law | Date: 6 Aug, 2012 | Hits: 5
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
.... and repeated their innocence. The defence did not, however, examine any witness. 8. The defence case as could be gathered from the trend of cross-examination of the prosecution witnesses is of total denial. The accused had been falsely implicated in this case out of enmity inasmuch as they we......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
.... the present petitioner impleading him as defendant No.1(hereinafter referred to as the defendant) on the averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the su...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......e prayer of the prosecution, the case was sent back for further investigation on the reasoning that some accused persons who are directly involved in the incident have been left out and in their absence, if the trial concludes the prosecution will be highly prejudiced. The petitioner was arrest......in aim and object of which is to save the people from any agony of the abuse of the process of the Court and also is designed to do substantial justice. The High Court Division exceeded its jurisdiction in making the direction in exercise of inherent powers. The judgment of the H..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... the charges has reflected in the ultimate decision of the appeal preferred against the appellant. 9. With due respect, my learned sister Nazmun Ara Sultana, J speaking for the majority has totally ignored that aspect of the matter. In the majority opinion, my learned sister proceeded to d......ce and that since the confessing accused retracted their confessions, the evidentiary value of those confessional statements is very weak for considering the charges against the appellant in the absence of other independent evidence. 8. The appellant was arraigned on two counts, one f......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....1,200 in order to realize the targeted amount of "tax and duty" disregarding the actual value of SIM/RUIM Cards. The guidelines for fixing tariff value is provided in section 5 of Act, 1991 and in total disregard of the said provision the tariff value was fixed by the impugned order and this arb......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......ert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated where a public spirited person or organization invokes the jurisdiction of the court, on behalf of such persons, who by reason of poverty, lack of education, ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....his 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) 308. ......his 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) 308. ......his 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) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....the statements made in 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 Taka 100 each. These 4 subscribers each has subscribed for 5,000 shares......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......prejudiced by the majority shareholders as well as to prevent mismanagement as regards the affairs of the company, either by majority of the members or by the directors of the company. This jurisdiction, conferred by section 233 of the Act, thus practically negotiates the rule founded..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... taxes and other taxes for operation of the Power Plant during the Contract period, therefore, deduction of the Advance Income Tax from the monthly rental and energy bill or the petitioner is without jurisdiction. 12. Mr. Karim also argued that the respondent No. 2 (BPDB) is not the autho..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Shahabuddin Vs. State, 2012, 41 CLC (AD)
....R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ......st this accused-petitioner Md. Shahabuddin and that both the trial court and the appellate court has committed great miscarriage of justice in convicting and sentencing this accused-petitioner in the absence of any evidence at all. We have considered the submissions of the learned advocate and ......R. No.1147 of 2001) be enlarged on bail to the satisfaction of the Additional Sessions Judge, Lakshmipur, till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 886. ..Category: Criminal Law | Date: 29 Jul, 2012 | Hits: 102
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..................Respondent Judgment July 26, 2012. Result: This petition is disposed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......omplainant Arabjan Bibi remained absent in the Court on several dates and no inquiry report was received by the Court and ultimately the learned Magistrate by order dated 06.02.2000 filed the case in absence of the complainant. The learned Advocate also submits that from the statements of the petiti...... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
.... 1957 and thereafter plaintiffs filed Appeal from Appellate Decree No.195 of 1958 and these appeals were dismissed thereby title of Sarnalata, predecessor of the plaintiffs and also of the plaintiffs totally lost and extinguished. It is further case of this defendant that suit land originally belong......s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......re ADC (Rev) land Kotwali, ADC (Rev) Dhaka and Additional Divisional Commissioner, Dhaka respectively which still exists in Mouza Wari under Police Station Sutrapur, District Dhaka, which is the jurisdiction of this learned Court." 7. Defendant No.1 contested the suit by filing writte..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......ticle 78 of the Constitution are not absolute. They further submit that by giving impugned Ruling inviting the Hon'ble Chief Justice of Bangladesh to take action, the Hon'ble Speaker has exceeded his jurisdiction inasmuch as he has no authority to ask/request the Chief Justice to take action against..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....ent and resolved to hold fresh election. He denied the allegation that the voters list was prepared in breach of clause 9 of the Federation’s constitution and asserted that the election was held in total conformity with the provisions of the constitution. 5. Writ-respondent No.3, the National ...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ...... Sports Council was not a statutory body but a company; therefore, constitution of its Executive Committee on the basis of election held on 23rd December, 2008 could not be challenged by invoking the jurisdiction of the High Court Division under article 102 of the Constitution, so the impugned judgm..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
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