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Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....ner‑corporation for effecting the renunciation and registration of shares in favour of ICB account‑holders and the petitioner itself. The petitioner informed the respondent‑company of the above facts by its letters dated 18.9.88 and 19.9.88. 4. In reply to the aforesaid letters, the respond......recting the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of the peti......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....e action to bring a financial and economic discipline in the industrial sector. According to him, the liability of the petitioner‑company as on 1.1.87 stood at Tk. 2,20,08,920/‑. 10. The broad facts of the case are not in dispute. These are, that Delta Jute Mills was established in the year 1......rted in: 43 DLR (1991) 483. ......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..

Category: Company Law | Date: | Hits: 213

Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)

.... to whether the notices were duly served upon the present petitioners after they were substituted in the aforesaid suit. Since we are in seisin of the entire records we cannot be oblivious of certain facts which are relevant for the purpose of deciding the main issue in the present proceeding. The a......ported in: 43 DLR (1991) 481. ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..

Category: Procedural Law | Date: | Hits: 68

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....e by the Upazila Nirbahi Officer, Gobinda­ganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti­ Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in short, are that: The Primary School Teachers of Gobin...... Vs. The State......................... Opposite-Party Judgment December 11, 1991. Cases Referred To- Md. Safiruddin alias Safiruddin Vs. State, 1981 BLD 150; State Vs. Azizur Rahman and another, 1937 CrLJ 225 (Karachi). Lawyers Involved: M Nurullah with AKM Safiullah, Shah Mi......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..

Category: Criminal Law | Date: | Hits: 104

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

.....3.86. But he was the officer‑in‑charge of cash and other cash officers worked under his direct supervision and control within the partitioned and encircled cash counter of the bank. In the above facts and circumstances and evidence on record we find no merit in the contention of the learned Adv......…Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Cri......er P.Ws. 13 and 15 to the appellant on 18.3.86 as the cash receipt registers Ext. 3(1) maintained by P.W.25 and Ext. 3(2) maintained by P.W.13 were not signed by the appellant on lo.186. It is in the evidence of P.Ws. 6, 13 and 15 that P.Ws. 13 and 15 made over cash counts received by them upto to 1..

Category: Criminal Law | Date: | Hits: 91

Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)

.... stated that the detenu used to maintain secret liaison with a foreign mission and he used to supply secret and important information relating to Bangladesh Gas Field and also supplied some important facts about the field by influencing one Sikdar Mohammad Habi Rahman, an officer of the said Gas Fie...... Karim J Aminuzzaman (Md.)………………………….Petitioner Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…………………………Respondents Judgment March 31, 1993. Lawyers Involv......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..

Category: Criminal Law | Date: | Hits: 85

Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)

....fact that the plaintiffs paid rent on the basis of this SA Khatian Ext. 2 series and obtained rent receipts Ext. 1 series right from the year 1961 which have been granted by the Government. All these facts are admitted by the defendants. It is the plaintiffs' case that they applied for sanction of m......ase is also Reported in: 45 DLR (HCD) (1993) 237. ......nderstanding that the huts on the suit land have become the properties of allottees and as such they were to make repairs at their own costs. This fact has not been traversed by the defendants. No evidence has been produced by the defendant appellant to show that the allotment of the suit land wa..

Category: Property Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)

....late Tribunal, Dhaka in Appeal No.28 of 1998 affirming those dated the 12th March, 1998 passed by the Administrative Tribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Cas......C (2011) 271.   ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271.   ..

Category: Administrative Law | Date: | Hits: 160

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....nd Co. Ltd. Vs. The Chairman, Second Labour Court Dacca 33 DLR(AD) 58 and the case of General Manager, Hotel Inter Continental Vs. The Chairman Second Labour Court, Dacca 28 DLR 160. The decisions on facts of those cases are not exactly on the point which calls for our opinion and have no manner of ......ed in: 45 DLR (HCD) (1993) 233. ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..

Category: Labour and Industrial Law | Date: | Hits: 129

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....in Motijheel PS Case No.12 (8) 92 corresponding to GR Case No.4203 of 1992 under sections 403/406/409/109 of the Penal Code pending in the Court of the Chief Metropolitan Magistrate, Dhaka. 2. The facts leading to the present case are as follows: Accused‑petitioner Mustafizur Rahman, B. Com.......urt Division (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abu Sayeed Ahmed J Mustafizur Rahman....................Petitioner Vs. State and others ......... …….Opposite Party Judgment November 29, 1992. Case Referred to- ......provision referred to above……………………………. The Court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence which the prosecution proposes to lead in the case, and all the other relevant is circumsta..

Category: Criminal Law | Date: | Hits: 125

Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)

....ata Chinnarao Garu reported in AIR 1945 (Mad) 62, and the case of Sri Soudamini Das Vs. Nabalak Mia Bhuiyan & ors. reported in 1931(Cal) 578. In the decisions referred to herein before (in the facts of those cases) delay was condoned under section 5 of the Limitation Act. In the instant case ......iscellaneous Jurisdiction) Present: ARM Amirul lslam Chowdhury J Md. Sirajul Islam J Bangladesh……………………Appellant Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others....................Respondent Judgment October 29, 1992. Cases Referred To- ......ng a written objection alleging, therein, that the compensation was correctly assessed by the LA Collector and the Arbitration case was liable to be dismissed. The respondent led oral and documentary evidence in support of his case. Appellant Bangladesh led documentary evidence but did not examine a..

Category: Property Law | Date: | Hits: 76

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....en quoted saying of Lord Denning MR in Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, reported in 1957 IQB at page 583 to the effect that the "expression "final" made the decision final on the facts and not final on the law." 13. In the result, this Rule is made absolute and we declare tha......igh Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Choudhury J KM Hasan J Abdul Matin Sarker...........................Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referr......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..

Category: Election Law | Date: | Hits: 126

Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)

....o have been passed without lawful authority and are of no legal effect. 2. The Respondent No.2 Dhaka Municipal Corporation resists this Rule by filing an Affidavit‑in-opposition. 3. The short facts relevant for disposal of this Rule are: the petitioner along with others inherited 0.145 acres...... High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Chowdhury J Surat Ali (Md)……………..Petitioner Vs. Administrator of Waqfs and others……………….Respondent Judgment April 30, 1991. Lawyers Involved: Abdul......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)

....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ....... Judgment AM Mahmudur Rahman J.- This rule is directed against the order dated 23.8.87 passed by the Sessions Judge, Narayanganj in Criminal Revision Case 83 of 1987 setting aside the judgment and order of the Upazila Magistrate, Narayanganj in CR case No.190 of 1987 (Narayanganj PS Case No.1......l Gani Bhuiyan moved the Sessions Judge in revision case No.83 of 1987 challenging the propriety of the order of the learned Magistrate. The learned Sessions Judge, however, having had considered the evidence on record modified the order passed by the learned Magistrate and directed the sale of mola..

Category: Criminal Law | Date: | Hits: 64

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....te for the petitioner that appeal is within the prescribed time is of no substance. 7. In view of the above we find no justifiable ground to admit the appeal for hearing on merit. Considering the facts and circumstances of the case and the express provision of law under section 30 of the Special......e State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to sh......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..

Category: Criminal Law | Date: | Hits: 68

Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....of his submission that the notices under sections 3 and 6 of the said Ordinance having not specified the part of the land the entire acquisition proceeding is void has no manner of application in the facts and circumstances of the rules under judgment. In the result all the Rules are discharged w......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..

Category: Property Law | Date: | Hits: 79

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

.... that the allegation brought against them was not proved. The case was filed after one year of completion of the projects and it was initiated malafide without any allegation of misappropriation. The facts and circumstances of the case clearly indicate that the University administration was hostile ......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......l appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learned Assistant Attorney General appearing for the State-appellant pressed the appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the l..

Category: Criminal Law | Date: | Hits: 97

State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)

....e allegation brought against them was not proved. The case was filed nearly after one year of completion of the projects and it was initiated mala fide without any allegation of misappropriation. The facts and circumstances of the case clearly indicate that the University Administration was hostile ......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......l appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learned Assistant Attorney General appearing for the State-appellant pressed the appeal and submits that by the evidence of P.Ws.2, 4 and 16 the prosecution case has been proved against the respondents, but the l..

Category: Criminal Law | Date: | Hits: 101

State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

.... that the allegation brought against them was not proved. The case was filed after one year of completion of the projects and it was initiated malafide without any allegation of misappropriation. The facts and circumstances of the case clearly indicate that the University Administration was hostile ......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:......l appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learned Assistant Attorney General appearing for the State-appellant pressed the appeal and submits that by the evidence of P.Ws.1, 3 and 15 the prosecution case has been proved against the acquitted respondents,..

Category: Criminal Law | Date: | Hits: 86

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....section 366A of the Penal Code read with section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 passed by the learned Upazila Magistrate, Sadar, Noakhali, was affirmed. 4. The facts of the case, briefly stated, are as follows: Md. Ashrafuddin, son of the petitioner lodged ......e...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL......s and the look of the girl and the maturity of understanding it appears that the girl is aged at present Over 16 years. As the actual age cannot be ascertained at this stage without entering into the evidence both, oral and documentary, it should be left for the trial Court to decide. If it is found..

Category: Criminal Law | Date: | Hits: 80