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Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... both the Petitioners and the Respondents, pertain to claims of conduct by certain shareholders-directors of Capital Tower (Pvt.) Limited (hereinafter referred to as the 'Company') being variously prejudicial to, discriminatory and in disregard of the interests of certain of the other shareholders-d......tioners that shareholders are entitled to have the affairs of a company conducted in the way laid down by the company's constitution. Members are entitled to expect that their board shall perform its functions as a board and that the proceedings of the directors shall be carried out in a normal and ..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....ch as course of justice cannot be made sterile and defected on the plea. If guilty person goes unpunished and stand acquitted, Justice System shall break down and public shall loose confidence in the judicial system which has also got a public accountability. It is true to say with viscount simonus ......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Jahangir Alam Vs. State, 2004, 33 CLC (HCD)
....tances in its bottom. He sent the said liquid to the chemical expert for examination and also obtained a report thereof where the expert had opined that it was the Sulfuric acid. He also recorded the judicial statement of the victim under Section 19 of the Ain and thus submitted a charge sheet under......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..Category: Criminal Law | Date: | Hits: 103
....o sell the mortgaged property in question. Therefore, we have no hesitation to hold that the Adalat seriously erred in law in passing the impugned order dated 20.11.2005 without properly applying its judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
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Category: Civil Law | Date: | Hits: 127
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ded under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that if is not possible desirable or expedient to lay down any inflexible rule w......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..Category: Criminal Law | Date: | Hits: 104
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....e Gazette showing the same in Ka list has no basis it has been rightly held that the same was done without jurisdiction. We find that the Court of Settlement acted with jurisdiction on application of judicial mind to the facts and circumstances of the case and duly considered the question of limitat......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..Category: Property Law | Date: | Hits: 113
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
.... DLR (AD) 58 may readily be referred, wherein it is held, "The Magistrate is not bound to accept the recommendation made by the investigating officer in his report, but he is required to apply his judicial discretion and he may disagree with the investigating officer. If the recommendation is t......ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....pal. 20. In the instant case no power has been given to the plaintiff to institute any suit against the defendant No.1 or against the principal. The Courts below have deliberately failed to take judicial notice of the term of the Power of Attorney and the authority of the plaintiff, to institut......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..Category: Civil Law | Date: | Hits: 115
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
.... Khaleque, the learned Advocate appearing for the defendant-petitioner submits that the learned Joint District Judge seriously erred in law in passing the impugned order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
.... that order an appeal being Miscellaneous Appeal No.186 of 1974 was filed before the District Judge, Bakerganj by Mrs. Nadira where it was alleged that the Administrator of Wakfs without applying his judicial mind and on the basis of no evidence, had passed the illegal order, removing the petitioner......man not only was improperly appointed as Mutwalli of the said Estate on 29.7.64 by the Wakf Administrator but that she never had managed or looked after the Wakf Estate or had performed any of the functions imposed by the Wakf deed, she had misappropriated Taka 2,000/- and also obtained the order..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
.... No. XXIV of 1982 are only directory in nature. This provision has no mandatory character at all in spite of the use of the word "shall" and non-performance of this provision is not attended with any judicial consequence whatsoever. 4. Mr. Lutful Karim, the learned Advocate for the accused peti......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..Category: Procedural Law | Date: | Hits: 123
....l is under review, we are of opinion that the reviewing authority cannot exercise the power of review in a casual, mechanical or capricious manner and instead he has to do it by proper application of judicial mind.
11. Though a Judgment and order passed by the Martial Law Court is only tentative ......onnection with any other case.
Let a copy of this order be communicated to the Deputy Commissioner, Gaibandha for necessary action.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 344.
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Category: Constitutional Law | Date: | Hits: 259
.... and its agencies that the directions issued by this Court in various writ petitions on ship breaking are meant to be complied with. We wish to emphasis that since it is the State to comply withthe judicial orders as constitutional obligation we are repeating the view that let the needful be done ......h, of no legal effect.
Order of stay granted in this Rule stands vacated.
Communicate the judgment to the respondent Nos. 1-13.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 123.
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Category: Environmental Law | Date: | Hits: 891
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....ter placing the impugned judgment and other materials on record submits that the learned District Judge seriously erred in law in passing the impugned judgment and order without properly applying his judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....urts have jurisdiction to examine the cases as to whether the provisions of an Act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. 5. However it appears from the application for rejection of plaint and the im......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ..Category: Trust/Waqf Law | Date: | Hits: 131
.... of a judgment or award as may be obtained against the P. & I. clubs on the letter of Guarantee. In considering Ms. Jahan's arguments it has not escaped this courts attention that not only have judicial pronouncements in this jurisdiction endorsed and sanctioned the effect of a guarantee and t...... in a sense been forced in such a way by the plaintiffs in these suits that the two P. & I. clubs are expected to assume a role that is blatantly discordant with their fundamental character and functions. In this regard, and by reference to the House of Lords decision in the ‘The Fanti' and ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
....point of view we find no reason why the Rule cannot be maintainable. Secondly even if a Criminal Case is filed by the petitioner for cheating etc., we see no bar in maintaining this Writ Petition for judicial review for the administration’s alleged inaction.
22. The University of London was es......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....the consideration of any oral or extraneous evidence to contradict the terms of an instrument when it is proved under section 91, subject, of course, to certain exceptions. There is uniformity of judicial authorities on the question of exclusion of oral evidence by documentary evidence, and it i......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
Md. Bachhu Vs. State, 2009, 38 CLC (HCD)
....under section 561A of the Code. But a pertinent question may be posed as to when and under what circumstances the said jurisdiction can and should be exercised by the High Court. The consensus of judicial opinion is that it is not possible, desirable or expedient to lay down any inflexible rule ......nted in connection with any other case. Let a copy of the judgment and L.C.R be sent down at once. SM Emdadul Hoque, J,- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 18. ..Category: Criminal Law | Date: | Hits: 115
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
.... of restraint shall not be used except in the following circumstances:- (a) As a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority; (b) On medical grounds by direction of the medical officer;......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ..Category: Constitutional Law | Date: | Hits: 219
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