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Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....hall be disposed of in case the right to possess and enjoy the property and the certificate of ownership is given under sub-sections (5) and (7) of the section. Sub-section (6) has dealt with how the excess money if fetched more than the decretal amount in selling the property in auction shall be ad......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
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. ......brahim on an application under Article 102(1) & (2) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 d..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... dated 19-2-2012 resolved, inter alia, that "2.1.1 Members decided to reduce the paid up capital by Taka 3,16,80,000 and the share premium account by Taka 4,83,20,000 of the company as there are excess cash in the company which is not needed at this point and there is no harm for the company if...... 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)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ....... 1 Company stipulates that if the Chairman, Vice Chairman, Managing Director or Executive Directors are engaged in any activities subversive to the interest of the Company or failed to perform their duty they may be released from their office as per the recommendation of the Board of Directors in a..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....ed a total amount of taka 6 crores for the total 36 sub-projects and the project of the respondent was allocated taka 10 lacs. However, the respondent claimed taka 30 lacs asserting that he had to do excess works in completing the project. The petitioner No.1 by its letter dated 06.11.2002 communica......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)
....s to explain acquisition of such property by his income. In the absence of any property statement under section 26(1), there is no scope for him to submit any explanation for acquisition of excess assets. In support of this contention, the learned Advocate has relied upon the case of Anti-......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. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....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. ...... the board decision to increase the paid up capital through IPO is quite in accordance with the SEC Notification No. SEC/CMRCD72006-159/36/Admin/03/44, dated 5-5-2010, which the board of directors is duty bound to follow. Hence there was no illegality in resolving to increase the paid up capital thr..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......e was put to the accused appellants” 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact c..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......ions. 18. Let us now weigh and sift the evidence on record as adduced by the prosecution to prove the charge. 19. P.W.1, SI Md. Abdul Based. He deposed that on 4-4-2007 at 1-30 AM he was in duty Officer at Gulshan PS; at that time SI Roushan Ali lodged the FIR and he recorded the same and ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......tencing him thereunder to suffer rigorous imprisonment for 10 (ten) years. 2. P.W.1 SI Md. Mustafa Kamal lodged a FIR with local Comilla Police Station on 10-5-1998 alleging that while on Patrol duty along with his accompanying froces P.W.2 Nayek Md. Kalimuddin, constable No.682 Abdul Hamid, co..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
....wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ...... prosecution ease, at the trial, in short, is that one SI Golam Rahman lodged an FIR with the Uttara Police Station alleging, inter alia, that on 29-1-2003 while he along with his force was on mobile duty got a secret information that some miscreants would commit offence in the Balu Godi Rajaba..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
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. ......there is no ambiguity or error in the said decision. Therefore, the decision of the said Review Penal is required to be implemented as per the provision of Section 60(5) of PPA, 2006 and BTCL is duty bound to implement the said decision. 10. We have heard the learned advocates for bot..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
....d as permanent in their respective post and places where they had worked since the date of their joining in the respective post. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 116. ......; and, as such, the finding of the Labour Court in the IRO cases among others that the petitioners were not appointed against the permanent post is correct. The petitioners did not perform their duty continuously for 90 days at any time. The petitioners worked for certain days in a month and ad..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
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. ......that an accused is presumed to be innocent unless his guilt is proved beyond reasonable doubt. An accused-person is under no obligation to offer evidence and he is merely on the defensive and owes no duty to anyone but himself. He is at liberty, as to the whole case to rely on the witnesses of the c..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....High Court Division without disposing of the said preliminary point at the initial stage decided the matter on merit and then entitled to procure a mobile phone connection but because of the fixed excessive tariff value he could not procure such mobile phone for himself and for his other family ......ervice. By SRO No.159 dated 9th June, 2005 the previous SRO No. 170 dated 8th June, 2000 was amended. Those cards have been included as taxable items for the purpose of imposition of supplementary duty by the Finance Bill, 2005 with effect from 9th 2005 and the tariff value was fixed in order to..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ...... Hon'ble High Court Division clearly stated that the rental power generation company and bound to pay advance income tax as per section 52 N of Income Tax Ordinance. As such, it is the legal duty of the respondent to deduct 4% as advance income tax while payment of the bill of Rental Power ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....urisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting without or in excess of jurisdiction if this condition is lacking when a tribunal acts without or in excess of jur......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ingh Vs. Union of India reported in (1983) 3 S.C.C. page 24) may make laws, but it power should not be unfettered, and that there should be an independent judiciary to protect the citizen against the excesses of executive and legislative power”. Alexander Hamilton said, “There can be no liberty ......erived from their context” 22. Thomax Huxlay said, “It is not who is right, but what is right, that is of importance : “We must learn what is true in order to do what is right.” It is the duty of the court of law to find out the “right” and to say so without any hesitation. It is alw..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......the Thana Accounts Office, Chakaria, Cox's Bazar who was dismissed from service under section 4 (a) of the Government Servants (Special Provisions) Ordinance, 1979 on the ground of negligence of duty. He then preferred an appeal before the higher appellate authority which appeal was dismissed...Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4