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Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482.......n for dissolution of the Company and to hand over all the records to the Registrar, Joint Stock Company for registration that the Company liquidated has been dissolved. I do not find any provision of law that money belonging to one Company which is under liquidation can be withdrawn and paid to the ..Category: Company Law | Date: | Hits: 205
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....rovisionally condoned; 2. 1. the Proclamation dated 8th November, 1975 omitting part VI A of the Constitution; 2. the Proclamations (Amendment) Order, 1977 (Proclamations Order No.1 of 1977) amending Article 6 of the Constitution; 3. the Second Proclamation (Seventh Amendment) Order, 197......nally condoned until 31st December, 2012 in order to avoid disastrous consequence to the body politic for enabling the Parliament to make necessary amendment to the constitution and also for enacting laws promulgated during the aforesaid period. 3. Articles 149 and 150 of the Constitution have be..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......angladesh. However, on 26-7-2010, upon an application by the Chief Prosecutor of the International Crimes Tribunal, warrants of arrest were issued against the petitioner and others. On 29-7-2010, the law-enforcing agencies submitted a report to the Tribunal to the effect the warrant of arrest issu..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......been an advocate of the Supreme Court; or (b) has, for not less than ten years, held judicial office in the territory of Bangladesh; or (c) has such other qualifications as may be prescribed by law for appointment as a Judge of the Supreme Court." 12. We may also refer to Article 48(3) of t..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......ng upon them, that the writ-Government as the vendor of the writ-petitioners surrendered the same as excess land under P.O. 98 of 1972 and in that view of the matter, the High Court Division erred in law in directing for correcting the record-of-right in favour of the writ-petitioners. It is further..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......ment Inspection Rule, 2002. On 16-3-2011 the petitioner did not move and lodge a complaint before the Review Committee instead they dragged this matter before this Division which cannot be made under law. Further he submits that the petitioner under section 33 of the Customs Act can claim refund i..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......ery of its decretal dues within the period of limitation as per provision of Limitation Act and the Ain. Therefore, the execution proceeding as well as the order for issuing of warrant of arrest is lawful and the rule is thus, liable to be discharged. 4. The petitioner filed a supplementary aff..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......nd prudence. But unfortunately he did not do so while relying on their evidence in spite of variations, contradictions and improbabilities as noted above. 26. P.W.4 Monir Hossain is the son‑in‑law of the informant. He stated that on 5.11.87 at about 11‑00 PM he found deceased Khasru in the ..Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......nd possession in the suit land. In view of such findings of fact, we find no substance in the submission of Mr. Bivash Chandra Biswas, learned Advocate-on-Record that the High Court Division erred in law in not interfering with the concurrent findings of fact arrived at by the Courts below.
Thi..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......01, one Sabu entered the room of Jobeda Khatun allegedly for immoral purpose but on being apprehended he fled away. At that time, many a people gathered there and the victim threatened his brother-in-law Biddyut for going there and said that he is enough to punish Sabu for the occurrence. On the nex..Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......vision Bench of the High Court Division enlarged him on bail. 5. Mr. Momtazuddin Fakir, learned Additional Attorney General, appearing for the state submitted that the High Court Division erred in law in enlarging the accused respondent on bail who made a confessional statement which is inculpato..Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......ters, (2) the plaintiff adduced one witness namely P.W 2, Nayeb Ali to prove baina patra which was not sufficient evidence to prove the baina patra (Ext.1) in question was executed in accordance with law. 7. Being aggrieved by the aforesaid judgment and decree dated 24-8-2009 (decree signed on 30..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......are in general rather reluctant to interfere with payments against performance guarantees which are furnished to secure commercial transactions and that this is predicated on the settled principle of law that no prohibitive order can be passed by the Courts to interfere either with normal banking tr..Category: Alternative Dispute Resolution | Date: | Hits: 172
....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......red by limitation. 4. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended that since the suit is for possession followed by dispossession, the High Court Division erred in law in decreeing the suit without any finding of plaintiffs possession followed by dispossession. ..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......son for not filing the appeal within the statutory period of time. This being a discretionary power, this Division is slow to interfere with such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is a..Category: Administrative Law | Date: | Hits: 206
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......oresaid writ petition on the ground that the Taxes Settlement Commission misconstrued the provision of Section 152D(2)(a) of the Income Tax Ordinance, 1984 and that it acted arbitrarily and without lawful authority in rejecting the settlement application. But the High Court summarily rejected the ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ...... shall enjoy a higher rank and status or position than other services of the Republic. The terms and conditions of services of the constitutional functionaries are regulated and determined by special laws, and not by rules, as mandated by Article 147 of the Constitution. The attempt of the petitione..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......rom the date of its execution and since the defendant's deed was executed prior in point of time it would take effect earlier than that of the plaintiff but the learned Judges on a misconception of law failed to consider that aspect of the matter. 7. There is no dispute that the defendant had e..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......hat the suit property as enemy property.
13. Mr. Delwar Hossain, learned Advocate, for the appellant canvassed only one ground that is the suit property can not be treated as enemy property as the law under which the property has been enlisted and vested in the government already been deed natura..
Category: Property Law | Date: | Hits: 66
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