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Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....id goods to the petitioner. 3. Mr. AF Hasan Ariff along with Mr. Md. Bahadur Shah, appearing for the petitioner submits that the petitioner submitted bill of entries on 14-10-2010 and as per the provisions of Section 82A of the Customs Act the respondents are under a statutory obligation t...... dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 dated 11-4-2010 and Bill of Lading No.S00005402 dated 15-4-2010 should" not be declared to have been done without lawful authority and is of no legal effect and as to why the respondents should not be directed to r..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....expressed in the decision in the case of Saima Shahadat Vs. State, 14 BLC 26, wherein it has been laid down: "Thus it appears that section 27 is an independent offence containing penal provision and there is nothing in the said provision about service of any notice prior to the i......ister of Health and Family Welfare during the preceding Four-Party-Alliance Government. It is categorically stated in the application that the accused-petitioner was arrested on 07-3-2007 by the law enforcing agencies under Rule 3(1) of the Emergency Power Rules, 2007. Subsequently, he was serv..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)
....n and Sarfarz Ali, as requested for in their respective emails, both dated 10-1-2012; that the said EGM was duly convened and held on 19-2-2012 at the registered office of the Company; that under the provision of Section 59 of the Act and in pursuance of powers in that behalf contained in the Articl...... submits that in the case of company limited by shares it may be permitted to reduce its share capital in any manner, meaning thereby a selective reduction is also permissible within the framework of law. He then, referring to Annexure 'G' series (Anne-xureG-G-9), further submits that the me..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....egard to this State Acquisition Khatian s. There is no presumption of correctness in respect of the State Acquisition Khatians as it is to be found in case of C.S. Khatian s in pursuance of the provision under section 103-B of the Bengal Tenancy Act”. 12. On the basis of the above submiss......e 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 the present-op..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....ty they may be released from their office as per the recommendation of the Board of Directors in an Extra-Ordinary General Meeting, but in the instant case the Respondent Nos.2 and 3 disregarding the provision of Articles 25(d) removed the petitioner from the office of the Managing Directo......stant case the Respondent 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..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
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: ...... 5. By the impugned judgment and order, the High Court Division made the Rule absolute. Leave was granted to consider the following: “I. Whether the High Court Division erred in law in granting relief not prayed for. II. Whether the High Court Division erred in law in dire..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. ......rt 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 any matter under ordinary law. It is also a settled principle of law the fraud vitiates any right, whether a legal right or ve..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
...., no such prior sanction was taken and the Senior Special Judge without seeking any sanction of the Commission also took cognizance of the offence against the petitioner; even under the repealed provisions of sub-section (5) of section 6 of the Criminal Law Amendment Act, 1958 (the Act, 19......ry and Ahmed Chowdhury Mr. Mobin has further submitted that though section 6 (5) of the Act, 1958 was repealed on 18-5-2004, the sanction for prosecuting the petitioner either under the repealed law or under the new law, was necessary and since the police report did not accompany such sanction,..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....truments Act, 1881 The purpose and object of enactment of law is to combat and prevent the offences disclosed in the enacted law. In order to find out the import and intent of the enactment, the provisions of the Act should be interpreted in such a way and manner in keeping with the intention o......r..............................................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent of enactment of law regarding bouncing of the cheque under the Negotiable Instruments Act, 1881 The purpose and..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....orth Taka 7,38,64,287, which is disproportionate to his known source of income and it is made separately punishable under section 27(1) of the Anti-Corruption Commission Act, 2004. The said provision may also be quoted below for the ready reference. ২৭৷ জ্ঞাত আয়ে......ion 26 (1) of the Anti-Corruption Commission Act, 2004. An order of detention was also passed on 5-7-2007 against him. It is alleged that the accused-petitioner had no opportunity to consult with any lawyer or outsider and see his documents in preparing statement of wealth from the jail custody. Aft..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....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. ......2. Judgment Quamrul Islam Siddiqui J. - The petitioner has moved this petition with a prayer for direction upon the respondents not to arrest or harass the petitioner without due process of law in connection with Paltan Model Police Station Case No.5 dated 2-10-2012 under sections 4/5 of t..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....er the Code of Civil Procedure. Naturally, the provisions of the Code were applicable to a proceeding of the Artha Rin Adalat so far as they were not inconsistent with the Ain. There was no provision under the repealed Ain to issue any sale certificate of the mortgaged property in favour o......having been registered, the executing Court fell in an error in not according permission of the sale in favour of Ragib Ali, and that too, without canceling the sale deed in accordance with law. It has further been observed that Ragib Ali has acquired right in the property and such ri..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
.... Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to amend any provision of a statute is within the ambit of legislative power, which is exclusively within the dom...... Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to amend any provision of a statute is within the ambit of legislative power, which is exclus..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... DLR(HCD) 371 and AIR 1972 (SC) 535. 9. Let me now discuss the 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 ......accused persons under section 11(Ga) and 30 of the Nari-O-Shishu Nirjatan Ain, 2000 and the same was read over to the accused persons who pleaded not guilty and claimed to be tried in accordance with law. 3. During trial the prosecution examined as many as 7 witnesses out of 8 cited witnesses i..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. ......rosecution witnesses are that of innocence and false implication; it was divulged in defence that he is well placed in the society and on 17-3-2007 at 11-00 PM some unknown persons identified them as law enforcer nabbed him from his residence i.e. PO and seized his pass-ports and some bank documents..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. ......y;able under Section 6(1) of the Nari and Shishu Nirjatan (Bishes Bidhan) Ain, 1995 by his order dated 27-11-1996. The offence having provided capital punishment learned Judge appointed state defence lawyer to defend the absconding accused-petitioner. The case was thereafter transmitted to the Court..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. ......ate Judge, Noakhali, in which the petitioner submitted the documents and, as such, taking of the cognizance by a complainant filed by private party illegal, perverse and an abuse of the Provisions of law and Court and the Civil suit filed by the petitioner against the opposite-party No.2 is still pe..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......pellant for the offence punishable under section 19A of the Arms Act and on investigation Police submitted charge-sheet against the appellant for the offence punishable under the aforesaid section of law. The offence being subject to cognizance and exclusively triable by a Special Tribunal, the case..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......s Special Tribunal Case No.169 of 2003, wherein charge was framed against the sole accused-person which was read over to him for which he pleaded not guilty and claimed to be tried in accordance with law. 4. During trial prosecution examined as many as 8 witnesses out of 15 cited witnesses in t..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2