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Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......o under the law, have to exercise their powers in the interest of the company as a whole. 15. A remedy under section 233 can be given only if the directors have acted in the breach of duty or if the company has breached any of its articles or any relevant agreement. 16...Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Commissioner of Customs, Customs House, Dhaka & ors Vs. Cieng Tong Chong, 2006, 35 CLC (AD)
....mitted no illegality in making the said direction. Thus we find no ground to interfere with the judgment and order of the High Court Division. Accordingly the petition is dismissed. Ed. ......om the materials on record that writ-petitioner declared the goods in question to the customs authority and thereupon the said authority assessed duties but the writ-petitioner could not pay the duty so assessed because of paucity of fund and thereupon the goods were detained for payment of dut..Category: Others | Date: 5 Mar, 2003 | Hits: 114
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......ity for the purpose of making the said order. 7. As regards the other contention that in an elected body the elected representative should be allowed to discharge his duty or perform his duty and that removal therefrom has been highly disapproved by the Court the lea..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......re in the Memo dated July 29, 1985 of the Ministry of Finance and that received current account cheques instead of bank draft or pay order from the bidders and, as such, committed gross negligence of duty making him liable to be punished for misconduct and corruption. On the said allegations the res..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....n of the principle of natural justice. 7. Thus, the submission of the learned Advocate for the petitioners merits no consideration. The petition is dismissed. Ed. ......y;1995 issued under the signature of the writ-respondent No. 3 by which the writ petitioner was put under suspension on the allegation of corruption in the examination and also for negligence of duty. While the writ‑petitioner was serving as Deputy Controller of Examinations, the Ministry..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......as misled by the alleged fraudulent misrepresentation regarding withdrawal of the appeal for non‑prosecution could be enquired into by the Tribunal and then deciding the issue was the bounden duty of the Tribunal as the latter has still the power to recall the order dated 2‑11‑2..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ......nt, third party rights, not only of the foreign investors, but also of the staff and employees, of ETV have accrued as they have a right to livelihood. Therefore, it imposes upon the court a singular duty to play a balancing role between the- divergent interests by allowing the review application.&n..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......spect of the absconding accused persons fixing 1‑9‑1997 for their appearance. By order dated 1‑9-1997 the Special Tribunal noted that the requirements of sections 87 and 88 of the Code were duty complied with but they remained fugitives in order to avoid arrest and went into hiding. By t..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ......20 Sha-Ma(Prasha-1) Neog-24[94-397 dated 14-5-2001, and since then she has been performing the said job of maintaining liaison with the Advisory Board. It has also been stated that in discharging her duty she has been acting as coordinator for and on behalf of the Advisory Board. The relevant files ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ...... Exhibit I has been registered by the Munsif‑cum‑Magistrate of Udaypur, Tripura State, India. Since defendant No. 5 was disputing the genuineness of the registered document Exhibit 1 it was his duty to establish that there was nothing like Munsif/Magistrate, Official or Office in Udaypur in ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473....... long detention of the accused in the police custody before the confessional statement is recorded. This is all the more important in the case of an accused belonging to a fair sex. It is the bounded duty of the recording Magistrate to try to ascertain whether there was any manner of police torture ..Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... duty as alleged. 53. There are some essentials in the legal realm that are of monumental importance. One of them is the duty of the court to protect the ordinary citizen from the executive excess and corrupt practice. The Court is always under tremendous pressure to locate and address th......ery step of the licensing process. It illustrates how executive power can be corrupted while law is forced to take a back seat…..(70) This court under constitutional mandate is duty bound to preserve and protect the rule of law. The cutting edge of law is remedial and the ar..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....l criticism in United States reveals number of problems which have distressed the academic critics; failure to adopt neutral principles in Constitutional adjudication, inadequate legal craftsmanship, excessive rendering of per curiam opinions, insufficient reasoning to support decision, preconceived...... admitted by all the concerned quarter and there is a growing demand for action against the judge in question by the highest authority of the republic in keeping with the constitution obligations and duty and therefore the daily 'Manabjamin' should be commended for the restraint it had shown..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......on which victim was raped. The alamats were not produced in the court. He denied defence suggestion that he submitted charge-sheet without holding investigation. 21. The accused persons were duty examined under section 342 Cr.P.C. to which they pleaded not guilty. 22. Mr. ABM Waliur ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....the order for two weeks. Mr. Razzaq opposed the prayer. However, the operation of the order is stayed for ten days. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 537. ......ountry, the petitioners thought it a duly to invoke the extra-ordinary jurisdiction of this Court under the Constitution in an attempt to oblige the respondent Nos. 1, 2 and 3 to perform their public duty under the Constitution and the laws of Bangladesh. 3. Their case is that in 1998, Ministry..Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7
Raj Unnayan Kartripakshya (RAJUK), Dhk. & ors. Vs. Water Front Apt. Ltd. and ors., 2004, 33 CLC (AD)
....nsel for the petitioners. We find no illegality is committed in the judgment of the High Court Division calling for our interference. Therefore, the leave petition is dismissed. Ed. ......n Writ Petition No. 2280 of 1998 making the Rule absolute. 2. The facts, in short, are that the respondents purchased the case land in December, 1974 by three kabalas and had their names duty recorded in the records of right. The respondents claim that since then they have been paying t..Category: Property Law | Date: 9 Mar, 2002 | Hits: 1202
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ...... The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the court to proceed with the same suo muto and the decree holder is not required to file a..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Bangladesh and others Vs. Eastern Beverage Industries Ltd. & another, 2004, 33 CLC (AD)
....sation of duties on the basis of production capacity of filling valves attached to the machinery used for production for all sorts for the purpose of realisation of excise duties and that there is no excessive delegation or any arbitrary exercise of jurisdiction as the guideline principles having be......2. Result: The appeals are allowed. The Excise and Salt Act, 1944 (I of 1944) Section 3(4) There being lawful basis for the impugned notification providing levy and assessment of duty on the basis of filling valves in respect of production of aerated water of all sorts as per th..Category: Fiscal/Taxation Law | Date: 13 Feb, 2002 | Hits: 161