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....9-2006, at the instance of the writ petitioner
AHM Kamruzzaman Khan, has called upon the respondent No.1, the Registrar, Joint
Stock Companies and Firms, to show cause as to why the impugned letter dated
8-8-2006 directing the petitioner to take the shelter of legal proceeding
should not be decl......Taka 1,20,00,000 in favor of the writ petitioner out
of which they received Taka 42,00,000 from the writ petitioner in three
installments. On 10-6-2005 the respondent Nos. 3, 4 and 5 served a legal notice
upon the writ petitioner demanding payment of Taka 78,00,000 within 30-6-2005
against the d......ustry as they were the seller of the denationalized and
privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The writ
petitioner thereafter was elected as Managing Director of the Company for the
period until otherwise decided by the Board. On 7-10-2000 the Board of
Directors of the co..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
....hereinafter referred to as the Ordinance should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rul......Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a notice as contemplated under Order XXVIIA of the Code of Civil Procedure to the Attorney-General to ......nce should not be declared to be void being ultra vires of Articles 7, 22, 94, 111 and 112 of the Constitution. 2. The Hon'ble Chief Justice by his order dated 18-6-08 constituted this Bench for hearing and disposal of the Rule. On 30-6-2008 when the Rule came up for hearing/ we issued a no..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)
....el Hossain J.- This is an application for bail on behalf of the accused-appellant-Mohammad Nasim. 2. The accused-appellant preferred the instant appeal against the impugned judgment and order dated 08.10.2007 passed by the learned Special Judge, Special Court No.1, Dhaka in Special Case No.......on on 18.02.2007 vide it's Memo No. Duduk / 70-2007 (Anu:2) / 648 asked the present appellant to submit statement of wealth acquired by him and other family members and in compliance to the said notice the appellant on 25.02.2007 through his lawyer submitted the statement of his wealth bef......lant Vs. The State and another…………………………………………………………………Respondents Judgment August 6, 2008. Result: The application for bail is allowed. The Appellate Division in the case of ACC Vs. Barrister Mir Md. ..Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4
....Civil Revision No.2219 of 2003.
Judgment
Syed Abu Kowser Md. Dabirush-Shan J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 02.04.2003 and 08.04.2003 respectively passed by the learned Joint District Judge, 2 Court, Sa...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......y passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, 5th Court, Sadar, Chittagong on 19...
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)
....of Criminal Procedure was issued at the instance 6f convict petitioner Md. Karamot Ali alias Rafique alias Rafiqul Islam calling upon the opposite party to show cause as to why the judgment and order dated 22.10.2006 passed by the learned Judge of the Special Tribunal No.1, Kushtia in Special Tribun......tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250. ......o Bheramara Police Station Case No.12 dated 20.01.2004 convicting the accused petitioner under section 25B(2) of the Special Powers Act, 1974 and sentencing him thereunder to suffer imprisonment for 7 years and to pay a fine of Taka 5000/- in default, to suffer imprisonment for 6 months mo..Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... it is they who are liable and not the child. 13. The Legislature should consider amending the Children Act, 1974 or formulating new laws giving effect to the provisions of the UNCRC, as is the mandate of that Convention upon the signatories. 14. The use of children as ‘drug mules’ should ......o Motu Rule No. 04 of 2008. Judgment Md. Imman Ali J. - This Rule was issued when a newspaper report published in the Daily Star dated 22.04.2008, under the following caption was brought to the notice of this Court: “8-yr-Old Sued, Sent to Jail for Drug Trade” 2. In the light of the......urts as well as the other state departments, functionaries and agencies dealing with children, to keep in mind that the best interests of the child (accused or otherwise) must be considered first and foremost in dealing with all aspects concerning that child. 2. The parents of the children who ar..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....ue Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parties. Civil Revision No.4641 of 2005. Judgment Md. Miftah Uddin Choudhury J.-This rule arises out of the judgment and order dated 13.09. 2005 passed by the learned Joint District Judge, First Court, Patuakhali, in Miscellane...... land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 a......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the 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 inheritan..Category: Property Law | Date: 21 Jul, 2008 | Hits: 3
Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)
....ue Bhuiyan with A. K. M. Salauddin Khan- For the Opposite Parties. Civil Revision No.4641 of 2005. Judgment Md. Miftah Uddin Choudhury J.-This rule arises out of the judgment and order dated 13.09. 2005 passed by the learned Joint District Judge, First Court, Patuakhali, in Miscellane...... land under preemption. On the other hand the purchasers pre-emptees are strangers therein. The seller pre-emptee is their step brother and he sold the land under preemption without serving statutory notice upon them by a kabala dated 17.04.2000. They came to know about such transfer on 08.05.2000 a......ite party Nos.1-3 as preemptors filed the Preemption Miscellaneous Case No.33 of 2000 under section 96 of the 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 inheritan..Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....twary- For the Opposite Party. Civil Revision No.4613 of 2007. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon the opposite party to show cause as to why order No.3 dated 16.8.2007 passed the District Judge, Dhaka in Arbitration Miscellaneous Case No.661 of 2007 sh......plication filed by the petitioner under section 42 read with section 43 of the Arbitration Act, 2001 on merit within 45 (forty five) days positively from the date of receipt of this judgment with due notice to the parties. The District Judge is further directed not to allow any adjournment of the he......aka in Arbitration Miscellaneous Case No.661 of 2007 should not be set aside and or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.1..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....he State Respondent. Criminal Appeal No.1638 of 1995. Judgment Siddiqur Rahman Miah J. - This criminal appeal at the instance of Abdul Hannan is directed against the judgment and order dated 18-11-1986 passed by the learned Sessions Judge, Narayanganj in Sessions Case No. 4 of 1986 co......h any other case. Send down the lower Court's records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 713, 29 BLD (HCD) (2009) 189. ......ge of the accused raises doubt about the genuineness of the extra-judicial confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration&h..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Revision No. 2586 of 2006. Judgment Bijan Kumar Das J. - Leave was granted and Rule issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 27-4-06 passed by 3rd Court of the learned Additional District Judge, Chittagong in Civil Rev......ature with the signature appearing on the deed of conveyance by handwriting expert which was allowed and the defendant very cleverly with ill motive put his signature differently which came to the notice of the plaintiff after the handwriting expert submitted his report and the plaintiff then ex......1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the learned Assistant Judge, Sitakunda imp leading the predecessor of the present petitioner a..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)
.... SM Ziaul Karim J.- By this appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (briefly as Am, 2000), the accused appellants have challenged the legality and propriety of the order dated 5-8-2007, passed by the learned Judges of Nari-o-Shishu Nirjatan Daman Tribunal, Thakurgaon, i....... 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. ...... June 18, 2008. Result: The appeal is allowed. Cases Referred to- Managing Director, Rupali Bank Vs. Tafazal Hossain, 44 DLR (AD) 260; Wolverhampton New Waterworks Co. Vs. Hawkesford, 6 CBN 6.336; House of Lords in Nevile Vs. London Express Newspaper, 1991 AC 368; Jogesh Chandr..Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....cation under Section 115 (1) of the Code of Civil Procedure, the plaintiff-respondent-petitioner Nadia Khalil obtained this rule on 05.05.2008 challenging the legality and propriety of the order dated 27.4.2008 passed by the learned District Judge, Dhaka in Family Appeal No.32 of 2008, rejecti...... 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. ...... Judgment June 17, 2008. Result: The Rule is made absolute. The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exer..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)
....-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting him under section 11 (ka) of the Ain by the judgment and order dated 23-11-2004 passed in Nari-o-Shishu Case No.219 of 2004. 2. Against that judgment and order ......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ......of Criminal Procedure read with section 29 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (hereinafter referred as the Ain) submitted by the learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal, for confirmation of sentence of death awarded by him to condemned-prisoner Ershad Sheikh convicting ..Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157
AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....For Opposite-Party No.1. Civil Revision No.4817 of 2005. Judgment Shahidul Islam J.- By the Rule, the opposite party No.1 was called upon to show cause as to why the judgment and order dated 4-9-2005 passed in Miscellaneous Appeal No.72 of 2003 by the learned Additional District Judge......us: Right of Pre-emption.—(1) If a portion or share of a holding of a raiyat it transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, or, if no notice has been served under section 89, within four months......d under section 96 of the State Acquisition and Tenancy Act, should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption aga..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)
....ment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance with a directive of the Securities and Exchange Commission ("SEC") issued a notice dated 13.9.2005 for holding the 20th 21st and 22nd AGMs on 3.10.2005 for the years 2003, 2004 and 2......n judgment. 2. The facts of all these cases may be traced back to the time when on 4.9.2005 the Bank in compliance with a directive of the Securities and Exchange Commission ("SEC") issued a notice dated 13.9.2005 for holding the 20th 21st and 22nd AGMs on 3.10.2005 for the years 2003, 200......f 2008. 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 Commerci..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....hittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent No.7 under section 3 ......Dhaka-Chittagong highway where a whole sale market for vegetables has been functioning. Plot No.5003 is contiguous to plot No.4805. All of a sudden, the petitioner came to know about the service of a notice dated 12.7.2007 under the signature of respondent No.6 on behalf of respondent No.7 under sec......8 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land Administration and Land Reforms and Others, (2001) 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chittagong and..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)
....sued asking the respondent Anti-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be......nd Managing Director of the Aegis Textile Mills Limited. She is the Editor of a magazine, namely, 'Anannya'. 3. Respondent No.1, Anti-Corruption Commission, in brief Commission, issued a notice vide its memo dated 29.05.07 under section 26(1) of the Anti-Corruption Commission Act, 2004,......i-corruption Commission to show cause as to why initiation and continuation of proceedings of ACC GR Case No.125 of 2007 corresponding to Dhanmondi PS Case No.20 of 2007 dated 07.10.07 then pending before the Court of Chief Metropolitan Magistrate at Dhaka should not be declared to have been initiat..Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
.... Corporation and others…………………………………… Respondents Judgment June 4, 2008. Result: The Rules are made absolute. Amendment of a plaint dates back to the filing of the suit. But the amendment of a substantive law by way of repeal or ad......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ......ager, Flight Service on 8.9.2005. Lastly, the petitioner was placed as Manager, Flight Service (Briefing) on 11.10.2005. The petitioner was born on 6.1.1957, that is, he has another 7 years left before his retirement in the ordinary course of his service. The petitioner received the impugned ord..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....-For the Opposite Party No.1. Civil Revision No. 2171 of 2005. Judgment Md. Abdul Wahhab Miah J.-This rule was issued calling upon opposite party No.1 to show cause as to why the order dated 12.03.2005 passed by the Additional District Judge, Munshigonj in Civil Revision No.15 of 2004......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......p;……………Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
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