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Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....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......ision (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Abdul Wadud (Md.).....................................Petitioner Vs. Heaven Homes Private Ltd and others.............Respondents Judgment October 14, 2012. Result: The petiti......smanagement of the affairs of the company, resulted either from noncompliance of law or otherwise, a petition under section 233 of the Act is maintainable and the Court may pass appropriate order to undo the wrong resulting from non-compliance of the provisions of the Act or of the Article..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....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. ......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court 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......ower 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 materials on records. Justice w..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
.... 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......ate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.........................r the Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Writ Petition No.1633 of 2003) ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....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......HCD) (2013) 68. ...... 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 constitutional cour..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....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,......d. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner Vs. State, represented by the Deputy Commissioner, Sylhet and another........Respondents Judgment October 8, 2012. Result: Th......by Mahmuda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 2011 passed by the High Court Division in Criminal Miscellaneous C..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....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...... ...... law regarding bouncing of the cheque under the Negotiable Instruments 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 interp..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....āĻŋ āĻāĻĒāĻ¨āĻž āĻāĻĒāĻ¨āĻŋ abated āĻŦāĻ˛āĻŋā§āĻž āĻāĻŖā§āĻ¯ āĻšāĻāĻŦā§; “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......(Civil Revisional Jurisdiction)
Present:
Shahidul Islam J
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
Oct......21-9-2000 and 2-10-2000 respectively passed by the Senior Assistant Judge, 6th Court, Dhaka, in Title Suit No.128 of 1999 dismissing the suit should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 1..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....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...... Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-...... GR No.99 of 2007 under section 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, now pending in the Court of Special Judge, Court No.6, Dhaka, should not be quashed and/or pass such other order or orders as to this Court may seem fit and proper. 2. Pending hearing of the rule, all f..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....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...... in the form of the FIR, but his name has been mentioned in the body of the FIR. He further submits that as the name of the petitioner has been mentioned in the body of the FIR, police is chasing him and that police also recently raided his house. He also submits that since the name of the petitione......on the respondents not to arrest and harass the petitioner without due process of law in connection with the present case. 3. Mr. Momotaz Uddin Fakir, learned Additional Attorney-General, on the order hand, submits that since the petitioner is not an accused in this case there is no scope to gi..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....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......dul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: T......spondent No.1 (In Civil Appeal No.108 of 2008). None Represented—For Respondent Nos.2-4. (In Civil Appeal No.108 of 2008) Civil Appeal Nos.105-108 of 2008. (From the judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
.... 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......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......ff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 from the court below against holding of the 13th AGM, that the Bank..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....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......is also Reported in: 21 BLT (HCD) (2013) 20 ......pellants. No one appears—For the State. Criminal Appeal No. 4282 of 2609 Judgment Mr. Md. Abu Zafor Siddique J.— This appeal is directed against the judgment and order of conviction and sentence dated 17/06/2009 passed by the of Nari-O-Shishu Nirjatan Daman Trib..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....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......Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attorney-General and Anowara Begum, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2871......mdash;For the Respondent. Criminal Appeal No.2871 of 2007. Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 20-6-2007 passed by learned Judge of Metropolitan Specia..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....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......te Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Di......pposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Dinajp..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....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......CD) (2013) 272. ......lainant filed Title Suit No.344 of 1994 in the second Court of the then Sub-ordinate Judge, Noakhali for declaration of title in respect of 'B' schedule land and also for declaration that the order dated 7-9-1994 constituted by Assistant Custodian Vested and Non-resident Property is illegal,..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....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......ral with Syeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal C......with Syeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal Case ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....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......sult: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the case where public witnesses depose in one voice contrary to what police p...... Md. Abu Zafor Siddique J. - On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passed by the learned Metropolitan Special Tribunal ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....relates to already assigned spectrum in 2008 (2.6 MHz 1800 band) and payment of license fee and spectrum fee for new assignments without any deduction, shall not be declared to have been made without lawful authority and is of no legal effect; 2. Brief facts, necessary for the disposal of......al Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Orascom Telecom Bangladesh Ltd............................................Petitioner Vs. Bangladesh and others.................................................................Respondents Judgment......T, pursuant to Sections 89 and 90 of the BTA, the BTRC got the power to revalidate the license Agreement. Then the BTRC vide letter No. BTRC/Mobile/Sheba 2002-5 dated 27-12-2004 issued a revalidation order an amended License Agreement including additional conditions, an addenda to the amended L..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
.... taken us to the confessional statement of accused Sumon, the dying declaration of the victim proved by P.Ws.1, 2 and 5 and other materials on record and submits that the High Court Division erred in law in maintaining the conviction and sentence of the petitioners, inasmuch as, the dying declaratio......(Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Tapan and others................................Petitioners [In Criminal Petition No.91 of 2010] Vs. ......riminal Petition No.145 of 2010) None Represented—For the Respondent. (In all the cases) Criminal Petition for Leave to Appeal Nos.91, 195 and 145 of 2010. (From the judgment and order dated 18-8-2009 passed by the High Court Division in Death Reference No.74 of 2005 with Crimin..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
....and also for a direction to the defendant-opposite parties to reinstate the plaintiff-petitioner in his service and post with all arrear salaries, seniority, facilities and benefit in accordance with law. The respective case of the plaintiff-petitioner is such that he is a citizen of Bangladesh by b......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg......the appeal and reversing the judgment and decree dated 27.05.1996 passed by the Senior Assistant Judge, Narail Sadar in Title Suit No. 455 of 1978 should not be set-aside and/or such other or further order or orders passed as to this court may seem fit and proper.
2. The facts leading to the is..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
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