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Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)

....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......‘99 and 21‑10‑99 without leave of absence notwithstanding the fact that he was described in the articles of association as a permanent director. 10. Such absence of the petitioner necessitated appointment of at least one director to comply with requirements of the Act. The sole surviving dire..

Category: Company Law | Date: | Hits: 232

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

....ost men over the age of twenty-one secured the right to vote while the women got such right in 1928. The property requirement for a voter was finally removed only as late as in 1949 and a supervisory independent body called an Election Commission, to enquire into allegations of bribery and corrupt a...... net pension. Another supplementary affidavit was sworn on behalf of the petitioners on 8‑3‑2004. In this supplementary affidavit the photostat copies of the relevant notifications announcing the appointment of the petitioners and their consequent taking over of their respective posts, were encl..

Category: Employment/Service Law | Date: | Hits: 99

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....In 36 Indian Cases 420; Nanda Lal Dhur Biswas Vs. Jagat Kishore Acharjya, the Privy Council held— "……....If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recital would deserve but slight consideration, and cer......held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ......dinate legislation that is clearly stated in the Act by the expression, namely, "under the Act or the Rules made thereunder". 14. Lastly, he submitted that pursuant to the terms of the contract of appointment as a PSI agent, the petitioner companies each had already furnished a performance guaran..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Abdur Razzaque (Md) Vs. State, 2003, 32 CLC (HCD)

.... as such, the impugned order of conviction and sentence is not sustainable in law. The learned advocate submits that having regard to the fact that the prosecution has failed to examine even a single independent, natural and competent witness to prove its case, the impugned order of conviction and s......ly, accused-appellant Abdur Razzaque is sentenced thereunder to suffer RI for ten (10) years. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 510. ..

Category: Criminal Law | Date: | Hits: 94

Karnaphuli Fertilizer Co. Ltd. Vs. Chairman, First Labour Court and another, 2002, 31 CLC (HCD)

.... legal effect. In the circumstances, the Rule is made absolute without any order as to costs. Let the lower Court records be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 502.......inted initially as an Apprentice Trainee in the establishment of the petitioner on 17-­6‑1995 and was subsequently confirmed as Operator with effect from 17‑12‑1995. Respondent No. 2 since his appointment had been discharging his duty with honesty and sincerity, but he was dismissed from serv..

Category: Labour and Industrial Law | Date: | Hits: 152

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....ably respond to the demand made, the Petitioner caused a legal notice dated 7.12.2009 to be served upon the Opposite Party reiterating its abovementioned claim. 5. The Guarantee, as constitutes an independent agreement between the Petitioner and the Opposite Party, provides, inter alia, for a res......te - For the Petitioner. Kazi Rehan Nabi, Advocate - For the Opposite Party. Arbitration Application No. 10 of 2010. (An Application under Section 12(4)(Gha) of the Arbitration Act, 2001 for appointment of an arbitrator.) Judgment Syed Refaat Ahmed J. - This is an Application under Se..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... The Rule, therefore, fails.  Accordingly, the Rule is discharged without any order as to costs.  Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......Catering Centre (BFCC) should not be governed by the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 and absorbed as such in the service of Biman from the dates of their respective appointments entitling them to retirement and others benefits in line with those of the permanent Bi..

Category: Employment/Service Law | Date: | Hits: 145

Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)

.... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108.......ment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whether the appointment of the appellant as the Mutwalli of Waqf estate by the Administrator of Waqfs is in conf..

Category: Trust/Waqf Law | Date: | Hits: 188

Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)

....ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......e plaintiff filed an application under Order 40, rule 1 of the CPC read with section 151 thereof for attachment of the cargo coaster named MV Ishrat Khan belonging to Habib Transport Company Ltd. and appointment of a receiver to manage the same till disposal of the suit. On 26-8-96 the Court issued ..

Category: Civil Law | Date: | Hits: 65

Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)

....on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ......of Kalai Police Station within the District of Joypurhat by the respondent No.2, the District Registrar, Bogra and the respondent No.1 by memo No. 94-Justice 7/2-27/86 dated 11-3-86 approved the said appointment on temporary basis and directed the respondent No.2 to take steps as per the rules for f..

Category: Civil Law | Date: | Hits: 90

M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)

....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ...... informed by the Executive Engineer that since the Bangladesh Water Development Board has decided the matter, there was no scope for hearing on the matter. Thereafter the petitioner sent a notice for appointment of arbitrator under section 9(b) of the Arbitration Act, 1940 on 15‑9‑93, appointing..

Category: Alternative Dispute Resolution | Date: | Hits: 245

Masum Ikbal (Md.) Vs. Director of Students Welfare and Member-Secretary of Board of Residence and Discipline, Bangladesh Engineering University & others, 1996, 25 CLC (HCD)

....or to expel a student from the examination hall if he is satisfied after an on the spot enquiry that the student is guilty of misconduct as mentioned in section 38. Chief Invigilator did not send any independent report in writing. He merely forwarded the report of the invigilator with his recommenda......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 104. ..

Category: Civil Law | Date: | Hits: 85

Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)

....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......ew of a decision in the case of Fazlul Karim Vs. Abdus Sobhan, reported in 26 DLR 291 and accordingly set aside the order of the learned Magistrate regarding attachment of the disputed properties and appointment of receiver. 5. The learned Counsel canvassed that the decision in 26 DLR 291 is a ba..

Category: Criminal Law | Date: | Hits: 69

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....in which the custom applies and easement of this sort is called customary ease­ment. The plaintiff according to him claimed not cus­tomary easement but customary right which is a right in gross and independent of dominant heritage. The Courts below have not looked at the case from this point of vi......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ore him but he did not accept that argument, as he did not believe the defence story of possession from 1947 & 1950 respectively. It is no doubt true that there is no satisfactory evidence by any independent witness about defence story of possession from 1947 and 1950 but nevertheless there is n......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...

Category: Property Law | Date: | Hits: 66

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......val of an ad interim Mutawalli after the Administrator of Waqfs had rejected the plaintiffs ap­plication observing on a reference of certain provi­sion of Mohammadan Law that appropriate action for appointment of a permanent Mutawalli might be taken, and it was held that such a suit was maintain­..

Category: Election Law | Date: | Hits: 207

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......n in considering their case. Points argued by the learned counsel merit consideration. Leave is, therefore, granted to consider ground Nos.2 and 3, which are reproduced below: "I. For that in the appointment letters of the writ petitioners it is clearly stip­ulated stated that the tenure of the..

Category: Employment/Service Law | Date: | Hits: 133

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... is that even if for argument's sake, the confession is found to be true and voluntary, still it may at best be a basis for conviction of its maker and other co‑accused appellants without any other independent, trustworthy, corroborative evidence on record. Hence on the face of it, it is clear tha...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..

Category: Criminal Law | Date: | Hits: 76

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....mer Chakraborty the learned Advocate appearing on behalf of the opposite parties besides referring to Rule 70 of the Civil Rules and Orders Vol.I as to the service of the process in pres­ence of two independent local witnesses submit that the learned Court below having already come to a le­gal fin......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ..

Category: Procedural Law | Date: | Hits: 65