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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ub-clause (2) of the Section 140 of the said Act, the words “Notwithstanding anything contained in sub-section (1)” means sub-section (2) shall prevail over the sub-section (1), which makes it an independent sub-section of Section 140 of the said Act. It provide that if a company committed an of...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..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)
....The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ......year 2010 and Particulars of Directors dated 17-4-2011; that it is submitted that the increase of share capital by issuance of shares and allocation of shares to the respondent Nos. 3 to 5 as well as appointment of the respondent Nos. 4 and 5 as directors, without issuing any notice, without Board M..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
.... “কুদ্দুসকে চিনি। কুদ্দুসকে আমি ঐ দিন দেখি নাই”। Quddus is the appellant of Criminal Appeal No.13 of 2010. This independent witness did not support the testimonies of P.Ws. 1 and 2. P. W. 5 Abu Miah went to the p......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..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)
....other law for the time being in force’, strenuously argued that the power, as has been conferred upon the Taxes Department under the provision of section 117A of the Income Tax Ordinance 1984 is an independent power irrespective of the power available under section 93 and 120 of the Income Tax Ord......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Dhaka City Corporation Vs. Firoza Begum & others, 2013, 42 CLC (AD)
.... expectation to be legitimate must be founded upon a promise or practice by the public authority that is said to be bound to fulfill the expectation and a Minister cannot found an expectation that an independent officer will act in a particular way or an election promise made by a shadow Minister do......88 knew that they would be automatically terminated from the service on completion of the project and that they have been notified from time to time including clear assertion of their letters of appointment and, as such, the High Court Division has erred in law in construing that continuat..Category: Constitutional Law, Employment/Service Law | Date: 6 Mar, 2013 | Hits: 17
Nazrul Islam (Md.) Vs. State, 2012, 41 CLC (AD)
....e neck and different parts of the body with the heavy sharp cutting weapon. The occurrence was corroborated by the evidence of the mother and brother of the condemned-petitioner as well as other independent witnesses. In view of such evidence the conviction under section 302 of the Penal C......to one of imprisonment for life. Accordingly, the sentence of the convict Md. Nazrul Islam is modified to imprisonment for life. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 199. ..Category: Criminal Law, Procedural Law | Date: 6 Dec, 2012 | Hits: 6
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ...... Parliamentary Affairs and after obtaining legal opinion has proceeded accordingly and none of the contemnors have committed any contempt of Court. 13. The allegation of manipulation of the appointment/posting/ current charge/additional current charge were neither subject matter of Writ Pe..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Advocate Taimur Alam Khondaker Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....y;tration authority, as per the Constitution of the Federation. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 139 ......াংলাদেশ জাতীয় বধির সংস্থার কার্যনির্বাহী পরিষদ-২০১২ is authorised to suspend election schedule on the plea of appointment of an Administrator vide Memo No.বাজাবস/নথি-১/২০১২ক..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)
....sed by a Division Bench of the High Court Division in Writ Petition No.29.19 of 2006 is hereby affirmed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 255. ......-1/Homeo-4/93/28 dated 25-1-1999. After completion of necessary formalities these 7 (seven) petitioners were selected as part-time teachers of the said college provisionally without pay. The order of appointment of the writ petitioners was communicated to them by the Director General of Health ..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......he Bangladesh Public Administration Training Centre, Savar, Dhaka, in short, BPATC, a statutory public authority established under the provisions of Ordinance No. XXVI of 1994. Although the appointment letters were issued by the Rector, de jure, appointing authority was the Board of Govern..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....pellant in wakf case out of the way and thus the respondent No.1 intended to represent conflicting interests and by the aforementioned two letters the respondent No.1 committed gross misconduct twice independent of the allegation of committing gross misconduct made in the original petition of compla......se as reported in 1982 BCR (HCD) 240 one Kazi Abdul Khaleque was permanently removed from the Roll of Advocates of the Bar Council as an Advocate by the Tribunal on the ground that he had obtained an appointment of Legal Advisership of Alijan Jute Mills falsely representing himself as an Advocate be..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Mohammad Ullah Ashraf Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....thout any order as to cost. The order of stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. I agree. Ed. This Case is also Reported in: ...... Md. Shamsul Huq, Advocate-For the Added Respondent No. 7. Writ Petition No. 6490 of 2010 Judgment Md. Ruhul Quddus J.- This rule nisi at the instance of an aspiring candidate for appointment as Nikah Registrar was issued to examine the legality of a panel of three candidates for..Category: Civil Law | Date: 28 Nov, 2012 | Hits: 109
Rahmat Ali alias Shukkur Vs. State, 2012, 41 CLC (AD)
....rd that the condemned prisoner–petitioner previously had an argument with the victim and other family members. The incident was witnessed by the victim’s immediate family members as well as other independent witnesses. According to P.W.10 the petitioner having struck the victim with the sword ra......o one of imprisonment for life. Accordingly, the Jail Petition No.15 of 2010 is dismissed with modification of sentence of death as stated above. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 26 Nov, 2012 | Hits: 145
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....r of the Dhaka University possesses the requisite experience in his or her specialized field," The learned Judges further observed that in their considered opinion the concerned experts are independent, neutral and actual professionals with the substantive experience and expertise wit......the experts are senior professors of Dhaka University and as such, there must not be any objection as to their competence, and no objection as such was ever made by either party at time of their appointment. So, in our opinion, a professor of the Dhaka University possesses the requisite experi&..Category: Others | Date: 22 Nov, 2012 | Hits: 20
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....wife at the time of alleged occurrence and that P.W. 9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that "they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command c......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....s wife at the time of alleged occurrence and that P.W.9 also failed to say anything in this regard. As regards the defence plea the High Court Division was of the view that they (D.Ws.) were quite independent and disinterested witnesses and their evidences were confidence inspiring and command c...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
The State Vs. Moru Bhuiyan, 2012, 41 CLC (HCD)
.... of their contentions they refer the case of Alkas Mia and others Vs. State 25 DLR-398 held: "Witness- Non-examination of witness who is considered important-Presumption. Non-examination of independent witnesses, particularly some of the neighbours, raises a presumption against prosecution......eal No.2408 of 2007 and Jail Appeal No.535 of 2007 are allowed. 29. The office is directed to send down the records at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 42 ..Category: Criminal Law | Date: 18 Oct, 2012 | Hits: 7
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ...... with section 95 of the Act. However, the acts done by the board consisting of new Managing Director, in the meantime, shall be deemed to be valid in spite of any irregularities in his appointment. The direction given at the time of admission of this petition, on 17-1-2012, not t..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... other and one shall have overlapping effect on the other. So, we shall discuss these questions together. 10. The Ain, 2004 came into force on 9-5-2004. The Ain, 2004 was enacted to establish an independent Commission for the enquiry into and investigation of the offences relating to corru...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6