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Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ......Chief Metropolitan, Dhaka transferred the case to the Court of Metropolitan Special Judge, Dhaka who subsequently transferred the case to the Special Judge Court No. 6, Sher-e-Bangla Nagar, Dhaka for holding trial. After receiving of the case record the said Court took cognizance of the case under s..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... the Company permitting of analogies to be drawn, as above explained, to the Ebrahimi Vs. Westbourne Galleries Ltd. scenario but also significantly of the Company’s subsequent dealings in these disputed shares from the late-1980s onwards in the form of transfers to the Hussainia Trust. An idea......gaged in the commercial and industrial sectors all over British India. The Company is said to have been converted from a private to a public limited company on 10.7.1947 with the majority of the shareholding still remaining with the families of the Three Patriarchs. It is shown that notwithstanding ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Bangladesh Jatiyo Mahila Ainjibi Samity (BJMAS) Vs. Ministry of Home Affairs and Others, 2008, 37 CLC (HCD)

....or DNA test. The Nari-O-Shishu Nirjatan Case pending in the Court below shall proceed as usual.  Farid Ahmed J.- I agree.  This Case is also Reported in: 61 DLR (HCD) (2009) 371. ......, BJMAS started trafficking research, advocacy, providing shelter to victims of violence, repatriating victims of trafficking and illegal immigration. BJMAS is well known to the judiciary. The Courts holding trial frequently sent the victims of violence to stay in the shelter home of BJMAS. After re..

Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....of legal proceeding should not be declared to have been issued without lawful authority and is of no legal effect and why a direction should not be given to the respondent No. 1 to investigate the disputed return under the power available in section 193 of the Companies Act, 1994 and to take app......itutional legislation. It cannot and does not take away the jurisdiction of the High Court under the Constitution itself. We have no doubt in our minds, therefore, that the High Court was right in holding that this was not a case where its jurisdiction was ousted by section 3 of the Companies Ac..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......ircumstances, which satisfied the President who thought it expedient to take immediate action by making and promulgating an Ordinance for fair and impartial appointment of judges of the Supreme Court holding effective consultation (recommendation) with the Commission headed by the Chief Justice to p..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ...... it was only after specific directions were issued by order of this Court dated 14.5.2008 that proper steps were taken in accordance with section 66(1) of the Act to ascertain the age of the girl, by holding a full-fledged inquiry, where evidence in respect of her age was given by a number of person..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... 16. It appears that the High Court Division found that the order appointing the peti­tioner as mutwalli and removing the respondent from the post is illegal and without lawful authority and in so holding the  High  Court Division relied upon annexure-I to the writ petition which is r..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....for the opposite parties opposed such argument of the learned advocate of the petitioners and submits that the courts below concurrently found that the preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of es......State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers the..

Category: Property Law | Date: 21 Jul, 2008 | Hits: 3

Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....for the opposite parties opposed such argument of the learned advocate of the petitioners and submits that the courts below concurrently found that the preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of es......State Acquisition and Tenancy Act in the court of the learned Assistant Judge, Patuakhali for preemption. 3. The claim of the preemptors is in brief that they are co-shares by inheritance in the holding of the land under preemption. On the other hand the purchasers pre-emptees are strangers the..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

.... of the either of the parties. The office is directed to send a copy of this judgment to the court below immedi­ately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ......h how can it be said that the cen­tral management and control of the company is in U.K. as found by the learned District Judge. Mr. Huq lastly submitted that the quantum of the share of the share holding of a company is not the deciding factor for the management and control of the company and th..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)

....hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915.  ...... regard reliance can be placed in the case of Angur Vs. State reported in 1989 BLD 485 = 41 DLR 66 wherein it has been held: "The accused was produced in Court on various occasions before holding of the TI Parade and it was possible for the wit­nesses to see him in Court. The identific..

Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......ence, on 22-11-2006 the complainant filed a petition of complaint being MP Case No.495 of 2006 under section 4 of the Dowry Prohibition Act, 1980 before the Magistrate, First Class, Thakurgaon. After holding enquiry the learned Magis­trate by the order dated 27-2-2007 dismissed the complaint under ..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

.... 23. Here it may further be mentioned that the contention as raised by Mr. MR Hasan with regard to the facts of the Artho Rin suit and ex parte decree may have some substances but such facts are disputed and highly controver­sial in nature requiring investigation for proof, it does not fall a......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....er of stay reasoned his decision on the fol­lowing discussion: "There is no dispute that the minor girl Radyna Karim is residing with the appel­lants i.e. father of Radyna. It is not also disputed that the plaintiff respondent has divorced the defendant-appellant when a criminal case w...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)

....terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ...... against the principle of natural justice or did not follow the procedure laid down in sub-section (1) of section 18 of the Employment of Labors (Standing Orders) Act, 1965 and if it is found that in holding the inquiry the inquiry officer followed the procedure and the principle of the Rule of natu..

Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

.... mortem report, seizure list etc. makes his submission supporting the reference and opposing the appeal. He submits that causing death of the deceased on the date, time and place of occurrence is not disputed. It is proved by the medical evidence that the deceased was strangulated to death. P.W.2, t......sh trial as a session case. Against that judgment and order of this Court appeal was preferred, in which the Appellate Division observed, "The learned Judge of the High Court Division was right in holding that the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence un..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ...... and the pre-emptee No.1 was a stranger purchaser. Admittedly, the pre-emption case was instituted within the statutory period of limitation. Admittedly, an area of 64 decimals of land comprising two holdings were transferred by the Kabala deed dated 27-3-2002 but the pre-emptor initiated the pre-em..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ...... Judgment Syed Refaat Ahmed J.- These are four Applications variously filed under Sections 81(2) and 85(3) of the Companies Act, 1994 ("the Act") that proceed on a common prem­ise for the holding of the 20th, 21st, 22nd, and 23rd Annual General Meetings (AGMs) of United Commercial Bank..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner failed to impress upon the concerned authority to release the disputed land from acquisition, he filed the instant Writ Petition and obtained this Rule Nisi. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

.... for possession of any property, movable or immovable which is for sufficient reasons considered to be acquired by illegal means and disproportionate to his known source of income. 20. It is not disputed that the Commission never asked the petitioner to submit any statement or information or do...... of the ACC Act, 2004 and rule ১৫ঘ (1) and (5) of the EP Rules, 2007 makes it clear to us that section 26 of the ACC Act, 2007 empowers the Commission, upon receipt of any information and after holding necessary inquiry thereon if it is satisfied that any person or any other person on behalf o..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7