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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
.... 140. (1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....orise issuance of new shares and their allocation. The respondent No.3 cannot even appoint new directors on his own as he did on 20-5-2010 without giving notice to petitioner Nos.1 and 2, and to conduct any EGM; that recently the petitioners found that the respondent No.3 caused the respon..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... the court cannot proceed to consider the evidence of the prosecution witnesses in a mechanical way. The broad features of the prosecution case, the probabilities and normal course of human conduct of prudent persons are some of the factors which are always kept in mind while evaluati..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....and close transaction of any previous assessment year can only be done by way of ‘re-examination’, no authority has been given by the provision of section 117A of the Income Tax Ordinance 1984 to conduct such re-examination. 13. The learned Advocate Mr. Mosharaf Hossain contends that in order..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....he contract. In the facts of the given case, the issue before the Supreme Court that arose was; whether 'the purported rescission of the contract by the defendant-respondent based on any improper conduct on the part of the appellant, prior to the 4th September, 1950 when he attempted to fix a pe..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Giasuddin-al-Mamun Vs. State and another, 2013, 42 CLC (HCD)
....he Appellate Division in those cases and the Appellate Division having considered categorically and consistently held that for this particular case the procedure in respect of inquiry, investigation, conducting prosecution and holding of the trial shall be governed under the provision of Anti-Corrup..Category: Criminal Law | Date: 17 Jan, 2013 | Hits: 11
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
.....1761 of 2010 and 1762 of 2010 against the principal accused Md. Alam Khan for dishonour of the cheques under section 138 of the Negotiable Instruments Act, which are pending. So, the subsequent conduct of the accused-petitioner discloses that he had no connivance with the principal a..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
....;Contempt of Court' has nowhere been defined in statutes. It has been conveniently described by referring to its ingredients and citing examples. 'Contempt' may be constituted by any conduct that brings authority of the Court into disrespect or disregard or undermines its dignity an..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Nur Hossain alias Ladu Vs. State, 2012, 41 CLC (HCD)
.... of the view that the person sitting in high judicial post who refrained himself from performing his judicial work under undue pressure is not at all fit to continue in judicial work; rather his such conduct is unbecoming of a Judicial Officer. 14. However, in all fairness, we direct the Secret..Category: Criminal Law | Date: 2 Dec, 2012 | Hits: 3
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....Council is to prepare electoral roll 3 (three) months prior to election, as has been stipulated in article 9(7) of the Constitution. 5. Article 12, however, prescribes the procedure of conducting election of the Executive Council, which runs thus: — &ldquo..Category: Administrative Law | Date: 29 Nov, 2012 | Hits: 6
Government of Bangladesh and oth¬ers Vs. Dr. Md. Nazrul Islam Bhuiyan and others, 2012, 41 CLC (AD)
....itions of the temporary, honorary and part-time service of the respondents recommended for regularization of their service by creation of 24 permanent posts under the revenue set up. By the conduct of the Director General of Health, the Ministry of Health and Family Welfare, the Ministry o..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
.... with his loyal supporters. The inquiry committee, on the basis of the oral evidence of the sole witness, Jane Alam (driver), submitted a report on 30-10-1997 finding the petitioner guilty of misconduct though in the evidence of the sole witness, no direct involvement of the petitioner was prov..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....nge the decision taken in the main judgment. It is only meant for correction of clerical error or mistake on the face of the record…………………(21) Misconduct The word 'misconduct' has no precise meaning, and its scope and ambit has to b..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Giasuddin-al-MamunVs.State and another, 2012, 41 CLC (HCD)
....rruption Commission Act, 2004 and also included the offences under the Ain, 2002 in the schedule to the Criminal Law Amendment Act, 1958, whereby any enquiry, investigation, lodging of the complaint, conducting of prosecution before the Special Judge and holding of trial exclusively by the Special J..Category: Criminal Law | Date: 27 Nov, 2012 | Hits: 5
Fazlul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... looked at the Annexure-A to the Writ Petition. It is a written complaint made by an assistant teacher of the school complained to the respondent No.1 inter alia that the petitioners are irregular to conduct their scheduled classes of students and they present in the school by rotation. The petition..Category: Constitutional Law | Date: 22 Nov, 2012 | Hits: 5
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... to law without fail to prevent recurrence of similar incidents affecting the future lives of millions of students which will ultimately affect the nation as a whole on the observations that the conduct of respondent Nos.3 and 4 (the Director-General of Health Services, Directorate of Health an..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....tation and submitted the application (Exhibit-7). The filing of the Exhibit-7, to our mind, appears to be a smart trick on his part in order to shield himself from any possible legal punishment. This conduct of the accused Tipu is a relevant fact under section 8 of the Evidence Act and points t..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
...., rule 19 of the Code of Civil Procedure, depends on Whether the appellant was prevented by sufficient cause from appearing before the Court when the appeal was called on for hearing. The conduct of the appellant may be reprehensible but the matter cannot be decided on the ground of..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
.... informant Al-Haj HR Khan (P.W.1) about the complicity of the respondent in the incident of murder is doubtful, inasmuch as, if the respondent had caused the death of his wife, it was against human conduct that he would intimate the police, the informant and his daughters about the death and send..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....formant Al-Haj H.R. Khan (P.W.1) about the complicity of the respondent in the incident of murder is doubtful, inasmuch as, if the respondent had caused the death of his wife, it was against human conduct that he would intimate the police, the informant and his daughters about the death and send..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11