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Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ....................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment October 17, 2012. Result: The rule is made absolute. Lawyers Involved: MA Ba......lf is unable to control or maintain discipline in the cases of running of the Rickshaws on the streets of Dhaka, nevertheless the Corporation is the only authority and the Ordinance, 1983 is the only law for regulating the number of Rickshaws to be granted on the street. The trial court failed ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......or other charges of a like nature or in respect of a fine or other penalty, and (b) in no case includes an arbitration award, even if such award is enforceable as a decree or judgment. 12. It is accordingly explained on behalf of the petitioners that the cargo carried into the sovereign territo...... Kamal J Ibrahim (Md.).......................................Petitioner Vs. Government of the Peoples Republic of Bangladesh & others.......Respondents Judgment October 16, 2012. Result: The Rule is discharged. Lawyers Involved: AF Hasan Ariff...... 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)
.... 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. ...... 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 lawyer on 05-6-2007; but for the shortage of ......ain..........Petitioner Vs. State and another…………………………………...Opposite-Parties Judgment October 16, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti......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)
.... 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 ......owing the resolution for reducing the share capital, as quoted. The formalities laid down in Rules No.30 to 36 of the Company Rules, 2009 have been complied with and affidavit of compliance have accordingly been filed. The resolution for reducing share capital shall taken effect on th...... not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... 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)
.... erroneously passed the impugned order without considering above matters and thereby the learned Appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice, as such, the impugned judgment and order is liable to be set aside and the Rule should be m......ent proceeding of the suit the learned trial court passed the order No.14 dated 21.05.2005 appointing an Advocate Commissioner to submit a report after obtaining statement of the concerned lawyer and accordingly on 01.06.2005 the learned Advocate Commissioner submitted its report but he was not call......he Deputy Commissioner, Dhaka and others……………………………………………Petitioners Vs. Mrs. Mohsina Rahman alias Joya …………………..Opposite Party Judgment October 15, 2012. Result: Rule is discharged. Cases referred to- Abdul Noor (Md.) alias Gu......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)
....ut the validity of a meeting held without complying with the provisions of section 95 and to cancel any resolution taken in such a meeting under section 233 as well as for ends of justice. 10. Finally, having considered the fact that no notice for calling the meeting dated 6......ompliance of section 95 of the Act. Accordingly, I find merit in this petition. In the result the petition is allowed. However the company is at liberty, if so adviced, to proceed according to law in compliance with section 95 of the Act. However, the acts done by ......by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......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
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....ourt 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, and the other hand the order of the Courts below are based upon proper consideration of the......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. ......n) Present: Md. Abu Zafor Siddique J Entaj Ali (Md.).......................Plaintiff-Petitioner Vs. Md. Numl Haque & others........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Cour......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. ..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: ......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: ......ed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.......................Respondent Judgment October 10, 2012. Result: The appeal is dismissed. Lawyers Involved: Abdus Salam M...... 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)
.... bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a con...... direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian and also to receive rent from them according to law in respect of 4.69 acres of land under CS Khatian No.11, SA Khatian No.......J Md. Khurshid Alam Sarkar J Lal Mia and another..................................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decre......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)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ......continue with the investigation of the case and was legally obliged to stop the investigation of the case and send the same to the Commission to complete the investigation by it and submit the report accordingly, instead the police continued with the investigation and submitted the report on 29-10-2......ip;…………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: The petition is disposed of. Lawyers Involved: ASM ......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)
.... and manner in keeping with the intention of the Legislature so that the law can adequately serve the purposes and effectively deals with the offences. It should be borne in mind that the substantive justice should not be frustrated or other wise defeated for any technicality in the law...................responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Since the accused-petitioner Engineer Afsaruddin Ahmed is the chairman of the company, ......am Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent 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
....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.
......Court of law so long the statute remains in force. In view of the above this Court has got nothing to decide on merit. In view of the section 13(1) "Ka" the Rule stood abated as a whole and accordingly the Rule is liable to be discharged as being abated.
13. In the result, the Rule is......39;s Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
October 7, 2012.
Result:
The Rule is discharged.
Section 13(1) (Ka) specifically provid......ি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Court of law stood abated as a whole and the Court has nothing to decide upon the question involved in the Ru..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....llah Vs. State reported in 62 DLR (AD) 233, the Appellate Division held: "Inherent power of the High Court Division is generally exercised whether no other remedy is available for obtaining justice in the cause it should not e invoked where another remedy is available. This power has not b......shy;tion of quashing of the criminal proceeding does not arise at this stage. It is asserted that the notices served on every person in all cases in jail custody cannot be said to be illegal and void according to the cited decision of the apex Court. Incidental observation at the time of disposal of......ip;……Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-Parties Judgment October 7, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti......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)
....urt exercising criminal jurisdiction has no competence to pass direction upon the police not to arrest and harass the petitioner without due process of law. We are of the opinion that dispensation of justice should be the prime consideration and for the sake of securing justice Courts of the High Co......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. ......diqui J AKM Zahirul Hoque J Mirza Abbas....................Accused-Petitioner Vs. State…………….................Opposite-Party Judgment October 4, 2012. Result: The application is disposed of. Lawyers Involved: Md. Zai......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)
....ed in earlier Writ Petition No. 6891 of 2002 which was apparently made in contravention of Order XXI, rule 83 (3) of the Code of Civil Procedure and also in violation of the principle of natural justice, inasmuch as, the direction was made without affording the Agrani Bank any opportunity ......tion made by the High Court Division having not been challenged before this Division and in pursuance of that direction a sale deed 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 sa...... Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers I......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)
....;inherent jurisdiction' in the High Court Division in addition to the statutory jurisdiction vested in it under section-S(1) of the Act in respect of company matters, to pay any order for ends of justice 12. It is also apparent that pursuant to the direction contained in BRPD Circular Lette......aving placed the petition and taken me through the petition alongwith the materials on record submits that holding of the Annual General Meeting is statutory requirement of the Company (the Bank) and accordingly the Company had issued a notice dated 19-7-2011 for holding its 13th AGM on 20-8-2011 (w......llip;……………...........................Petitioner 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 ame...... 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)
....udiced the accused as incriminating evidence or circumstances sought to be proved against the accused was not put to the accused during examination under section 342 CrPc causing gross miscarriage of justice. In the case of Mizazul Islam @ Dablu Vs. State 41 DLR (AD) 157 sandal which was the incrimi......e 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 prosecution proved the charge beyond all reasonable doubt and accordingly, the Court convicted the accused-persons. 6. Being aggrieved by and dissatisfied wi......State…………………….....................Respondent Judgment September 9, 2012. Result: The appeal is allowed. Case Referred to- Jharna Begum and others, 54 DLR (AD) 60, 60 DLR (HCD) 371; AIR 1972 (SC) 535; State Vs. Mon......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 from the possession of the accused. In such case where the evidence of the Police personnels form the only witness on which the Court has to act upon. It is absolutely necessary for the interest of justice that at least their statement must be in conformity with the probability and in a case like ......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. ...... Vs. State...........................................Respondent Judgment September 4, 2012. Result: The appeal is allowed. Cases Referred to- Safder Ali Vs. Crown 5 DLR (FC) 107; Abdul Haq Vs. State 14 BLT 485; Fazlur Rahman Vs. Stat......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)
....on 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) is applicable in the present case befo......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. ......pposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy Attorney-General with Syeda Rabia Begum, Assistant Attorney-General—For the State Opposite-Party......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. ......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. ....... Result: The Rule is discharged. Sine die postponement discouraged When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefi......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
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