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Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....nancial crisis of Company and whether in order to overcome such a crisis there was any need to issue such further shares. There being no decision in this regard by the Board of Directors, there is no scope for the general members to discuss the matter. It is stated that the petitioners were determin......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....for implementation. A copy of the said letter dated 18-2-96 has been annexed as Annexure-Z to the writ petition. On 13-5-96 respondent No.1 wrote back to the respondent Nos. 2 and 3 that there was no scope for withdrawing the 7 officers, and therefore steps should be taken for absorption of those of......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......r examining the complainant issued warrant of arrest against the accused under section 406 and 420 of the Penal Code on 12.01.1985. On 05-03-85 the accused surrendered before the Court and prayed for bail. The accused was released on bail on that date. As accused I remained absconding, the Chief Met..Category: Criminal Law | Date: | Hits: 362
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... not be valid grounds but he contends that other grounds are good and valid and in that view of the matter the order of detention cannot be held as illegal and improper and has been made within the scope of the provision of the Special Powers Act. 7. in course of argument a preliminary point......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......o suffer five years’ rigorous imprisonment and trial was held in absentia. After hearing about the aforesaid conviction, the complainant voluntarily surrendered before the Magistrate and prayed for bail, but bail was not granted and he was taken into custody. Thereafter he preferred criminal appea..Category: Others | Date: | Hits: 139
.... Chowdhury J. - This Rule calls in question a judgment and decree of the learned Munsif, First Court, Patuakhali passed in Title Suit No.56 of 1969. It raises a short but important question as to the scope of section 9 of the Specific Relief Act.
2. One Gopal Chandra Dey, predecessor of the oppos......gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8...
Category: Property Law | Date: | Hits: 119
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....dure which is virtually an application for modification of the former order dated 4.11.91 on review by holding that the appeal being finally disposed of by permitting to withdraw the same there is no scope for correcting the said order, which has Tide Suit No.18 of 1983, the plaintiff‑petitioners ......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...Category: Trust/Waqf Law | Date: | Hits: 181
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....er Article 58(2) can not be applied to those documents and no immunity from examining these papers by the Court of Special Judge can be pleaded. 23. Now, I proceed to examine the contention on the scope of section 561A CrPC. In this regard both the learned counsels of the petitioner and the State......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......ire and report and on getting the report took cognizance under section 468 Penal Code against the accused‑petitioners and others and subsequently on surrender before the court they were enlarged on bail. 4. Mr. Abdul Jabbar, the learned Advocate for the petitioners, submits that the complain..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
.... clause, and not to enlarge it or confer a power; but where from the language employed it is apparent that the legislature intended a more comprehensive meaning, it must be construed to enlarge the scope of the Act or to assume the function of an independent enactment." 54. In the case of Dwark......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......ions 395/397 and 412 of the Penal Code against the petitioner Khalilur Rahman and six others. The record of the case was sent to the Sessions Judge, Bakerganj in connection with the disposal of a bail matter. The learned Sessions Judge as a Special Tribunal took cognizance of the case on 27.5.78..Category: Criminal Law | Date: | Hits: 120
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s on the other. 33. The Appellate Division quoted with approval the judgment of the then Dhaka High Court in Writ Petition No.386 of 1967 arising out of the above proceeding as follows:- "The scope of section 143 of the Act is, in our opinion, of a very limited nature. It authorises the Coll......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....Evidence Act, presumably invoking the aid of section 106 of the Evidence Act though section 106, Evidence Act has no manner of application in the instant case. In order to bring the case within the scope of section 106, Evidence Act special knowledge of the relevant fact must be attributed to th......t aside and appellants are acquitted of the charges brought against them. Let the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
....75 of 1991 (Dhaka) and 114 of 1968 (Barisal) a Single Bench of this Court took the view that after the repeal of Vested and Non‑Resident Property Ordinance vide Ordinance No.92 of 1976 there was no scope for starting any VP case under the provisions of the aforesaid law afresh and if any proceedin......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
..
Category: Property Law | Date: | Hits: 134
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... pecuniary consideration. But a Heba-Bil-Ewaz when made in exchange of monetary consideration even within the three degrees of the donor of testator or beyond that the transfer is embraced within the scope of preemption under sub‑section 10(c) of section 96 of the Act and it becomes pre‑emptible......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....e the accused persons on bail if the investigation is not completed within the specified time. So, after amendment of sub-section (5) of section 167 of Code of Criminal Procedure in 1992, there is no scope of stopping the investigation and releasing the accused. It may be mentioned here that in the ......n application made to him or otherwise that further investigation into the offence ought to be made, direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. (7) Where further investigation into an offence is stop..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... in the plaint nor by the P.W.1 while deposing in Court that, the date of power failure on 27-11-88 put in those exhibits referred to above was made by mistake and inadvertence. Moreover, there is no scope under section 98 of the Evidence Act to exclude and override the documentary evidence by oral ......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....narration of the entire evidences and reiteration of the reasons given by the trial Court are not essential and expression of general agreement with that of the trial Court is sufficient. 13. The scope of the Revisional power under section 115 of the Code of Civil Procedure as it stands now may ...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....ra. Moreover, the learned Sessions Judge found the confessional statement to be false as against the co-accused Seraj. Hence there is a break in the chain of the prosecution story leaving ample scope for reasonable doubt. Moreover, the version of events given in the confessional statement is n......s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......t of Special Tribunal No.16 Dhaka is hereby quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
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