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Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
.... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ......rtaining the writ petition inasmuch as the writ petition was not maintainable as the writ-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......ecting the 2nd Artha Execution Case on the ground of maintainability. 10. In deciding this point, I feel it necessary to quote here the relevant provisions of law for having a better view of the dispute in question. 11. Section 28 of the Artha Rin Adalat Ain, 2003 reads as follows:— ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 241 ......fessional statements of the condemned-appellants, the fact remains that all of them participated in the criminal act in some form or other in a very brutal, gruesome and nerve-racking manner. It is undisputed that at the time of occurrence, Nasima was seven month’s pregnant and the child was l..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....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. ......rsion ignoring the trial court's finding that the respondent being an educated person, introduced a concocted story in a planned way in order to get rid of the criminal charge. 4. There is no dispute that victim Nilufar Rashid died on 2nd October, 1992 at the respondent's apartment and th..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
.... 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.......rsion ignoring the trial court's finding that the respondent being an educated person, introduced a concocted story in a planned way in order to get rid of the criminal charge. 4. There is no dispute that victim Nilufar Rashid died on 2nd October, 1992 at the respondent's apartment and that..Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ......ing the appeal, gave clear finding that it was manifest that Shamsul Kabir Humayun Reza of Mirpur and Engineer Md. Shamsul Kabir Humayun Reza of Gulshan was not the same person and that the dispute regarding the title of the suit plot was started before "expiry of the Engineer Md. Sha..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......sessed and there has been no proper appreciation of law and as such the impugned judgment and decree is not sustainable. It is evident from the pleadings and evidence that the vacancies caused by the disputed termination was filled up by the Bank and the termination was not a termination simplicitor..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......ndent Nos.2,3 and 4 the respondents are jointly and severally withholding release of the consignment on the mala fide motivated pretext (based on respondent No.6 pretext) that there is a freight dispute pending before the Australian Court amongst the supplier/shipper, Australian Commodity Manag..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......g of section 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context..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)
....The proposal for confirmation of reduction of share capital comes within the purview of the clause-(c) sub-section (1) of section 59 of the Act and this has been considered by the Court following the resolution for reducing the share capital, as quoted. The formalities laid down in Rules No.30 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ..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)
....het, being account No. 000313100002098 which was to be operated under the joint signature of the Managing Director with either the Chairman or Vice Chairman; that upon receipt of a hand written board resolution dated 6-10-2011, signed by the Respondent No. 2, which was annexed to the petition of Com......ther that submits the Bank Account to be opened with Islami Bank is to be operated under joint signature of the Managing Director (the petitioner) and the Chairman or Vice Chairman, but adopting this disputed resolution dated 6-10-2011 the respondents have violated the provisions of Article 38&..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....n Writ Petition No.1633 of 2003 making the Rule absolute. 2. The facts of the case, in brief, are that the respondent M/S Sanker Kumar Das filed the Writ Petition No.1633 of 2003 challenging the resolution No.2.4.9 adopted in A.D.P. Program (2002/2003) meeting held on 30.09.2002, so far it affe......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......ption Commission Act, does not create any bar to serve such notice on the person in custody. Whether the accused petitioner got fair and reasonable opportunity to respond to the notice is essentially disputed facts and such dispute cannot be decided in this present forum. The accused-petitioner shal..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
.... an order dated 25-4-2012. Meantime the date for holding the 13th AGM has expired. Hence this application. He further submits that the aforesaid Title Suit No.189 of 201 was filed challenging a board resolution dated 23-5-2011, taking decision to increase paid up capital of the Bank through initial ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......Nationality there and his Nationality in Bangladesh by birth had not been abandoned and as such there is no cause of loosing his citizenship in Bangladesh. I have come across from the notification in dispute dated 12 April, 1978 (exhibit-11) that this termination order runs as follows,
"Wh..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......he submission made by the learned advocate Mr. Raisuddin that JICA, being a foreign organization, wishes to see the commencement of this giant project expeditiously and, thus, a quick disposal of the dispute raised by NETAS is required as failure of which may result in withdrawing proposal of the pr..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) Lawyers Involved: Aklitar Imam, Advocate—For the..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ......ddin Khalifa began throwing bricks aiming at the informant. At that point of time deceased Korban came there and requested both the parties to stop quarrel assuring them that he would settle the dispute amicably. After that, Korban Ali proceeded towards the home of the accused and his son Golam..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......Alefuddin Khalifa began throwing bricks aiming at the informant. At that point of time deceased Korban came there and requested both the parties to stop quarrel assuring them that he would settle the dispute amicably. After that, Korban Ali proceeded towards the home of the accused and his son Golam..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ...... has considered both the charges jointly which is not permissible in law. A confessional statement of accused cannot be used in support of the charge of criminal conspiracy. 10. There is no dispute that a conspirator is an agent of his associates in carrying out the object of the conspirac..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
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