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Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....low appeared to us based on correct appreciation of the evidence. 48. In view of the findings given by the Courts below, can a suit for specific performance of contract be decreed? A man of even ordinary prudence would answer in the negative. As for ourselves, we do not find any error committed..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....llip;..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ordinary jurisdiction under section 561A of the Code of Criminal Procedure. Over and above, whe..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ld, particularly, the present 21st century. This kind of vehicle is might be only source of income for a huge numbers of poor people and it is inhuman for a puller but helpful and cheaper for an ordinary passenger. I consider that now the time come to think and re-think as to whether this type ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
..... It is a settled principle of law that a disputed question of fact cannot be decided by this Court in the forum under section 561A of the Code of Criminal Procedure invoking its extra-ordinary jurisdiction. It is now also well-settled that a proceeding cannot be quashed on the basis ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
....ction of share capital. 2. Facts leading to filing of this application, in brief, are that in order to increase its capital base, the Company issued 1,98,000 (one lac ninety eight thousand) ordinary shares to one Mr. Zabir Husain (ZH) on 25-11-2010 and 1,98,000 (One lac ninety eight thousa..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....dinary General Meeting, but in the instant 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. ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....ional court 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 ri..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....mpugned proceeding is liable to be quashed or not. To decide this issue, it will be necessary to see the extent of principles and categories of cases in which High Court Division may invoke its extra-ordinary power and authority under section 561A of the Code of Criminal Procedure for quashing proce..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....taining justice in the cause it should not e invoked where another remedy is available. This power has not been vested upon the High Court Division where another remedy is available. This is an extra-ordinary power and is exercised in extra-ordinary circumstances in the interest of justice.&quo..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....moment; certified copy of the order dated 18-8-2011 has been annexed as Annexure-C to the application; that the other grievance of the plaintiff was that the defendant company was conspiring with the ordinary shareholders and made a game plan to distribute the shares at par among few influential per..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s may give interpretation of law if they are required to do so in disposing of the disputes between the parties. Mr. Raquib further argues that the contract between the BTRC and Orascom Telecom is an ordinary commercial contract, and, as such, Writ should be held to be not maintainable. 21. He ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....ers possessed by the Court are those expressly conferred by the Code and that no inherent powers had survived the passing of the Code. This provision should not be used to obstruct or divert the ordinary course of justice. The power under this section is a special extraordinary one, the main ai..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith innocence or guilt, the accused-person is entitled to get the benefit of doubt. But in applying this principle a distinction must be made between primary facts which have to be proved in the ordinary way and the inference of guilt to be drawn therefrom. It is in this connection with la..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....Secondly, where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolution, ratify what has been done. In those circumstances the court will not allow a mi..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
.... to have been involved in a cognizable offence and produced before him by the police, the High Court Division seized the proceedings of the case as a court of original jurisdiction by exercising extraordinary powers............................(5) The Code of Criminal Procedure, 1898 (Act No. V of..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....e stands against the petitioners. He further submits that the proceeding is liable to be quashed as the allegation upon which it is based on the face of it is groundless or preposterous and no man of ordinary prudence will take any notice of it. He further submits that Section 561A is an independent..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....not mean that there can be no judicially manageable standards to review exercise of its power; (g) While the area of powers, privileges and immunities of the legislature being exceptional and extraordinary its acts, particularly relating to exercise thereof, ought not to be tested on the traditio..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
...., therefore, the definition of homicide ought not to exclude death resulting from a slight wound as the primary or original powers" and opined that if the injury was so serious that, in the ordinary course it was sufficient to cause death, it is homicide; but, if the injury was not mortal ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30