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Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... Anjuman-e-Mofidul Islam, Office at Kakrail, Dhaka, and on furnishing receipt of payment the order may be drawn up, if so prayed for. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 173. ...... None Appears - For the Respondent. Matter No.174 of 2009. Judgment Syed Md. Ziaul Karim J.- This is an application under Section 12 read with Section 13 of the Companies Act, 1994 for confirmation of the amendment of object clause of Memorandum of Association. 2. Material fact...... selling and dealing in woolen fabrics of all descriptions and etc. 3. In the Memorandum of Association of the Company Clause 22 reads as hereunder: "To borrow or raise or secure the payment of money in such manner as the Company may think fit from the capital markets in Bangladesh and abroad,..Category: Company Law | Date: | Hits: 132
Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)
....alls for interference by this Court. 8. On going to materials on record it transpires that plaintiff was a senior field officer of Amico Laboratories Ltd. (Rajshahi Zone-4) in Rajshahi region, who claims that defendant released him from service without payment of his outstanding dues. Admittedly ......Special District Judge, Court No.1, Rajshahi, rejecting Civil Revision No.15 of 2006 and affirming those of dated 31-1-2006 passed by learned Senior Assistant Judge, Rajshahi rejecting an application for returning plaint of Money Suit No.4 of 2004, suffers from an error of law resulting in an errone......f stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 172; 18 BLT (HCD) (2010) 255. ..Category: Procedural Law | Date: | Hits: 122
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....resaid other class suit against heirs of Korban Ali, his father, and heirs of late Abdul Gani, his first cousin for partition of land and structures described in schedule Ka, Kha and Ga of the plaint claiming saham of the same as ejmali property in joint possession of the co-sharers. His mother was ......d by the learned Joint District Judge, First Court, Chittagong, in Other Class Suit No.254 of 2008 appointing receiver in respect of properties described in Kha schedule of the plaint. Facts relevant for disposal of this appeal, in short, are that the sole plaintiff filed the aforesaid other class s......that too before determination of the single member's share, if any, in his family property. Furthermore the plaintiff as an expatriate living in America does not appear to be in immediate need of the money for maintaining his family. 8. Law is long settled with regard to appointment of receiver i..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....e therefore do not find any violation of section 18 of the Employment of Labour (Standing Orders) Act, 1965 in holding the enquiry or that they were denied natural justice. So for as the petitioners' claim to hold a fresh enquiry vide Annexure 'A' is concerned we find that this was applied on 27‑7......ssain, Security Guard and the petitioner was constituted to weigh firewood supplied by contractors to the Respondent No.2. The petitioner besides his normal duties was selected to be a member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..Category: Labour and Industrial Law | Date: | Hits: 182
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....after the interview impugned administrative circular No.9 of 1996 dated 18-3-96 was issued containing criteria for promotion purportedly approved by the Board of Directors on 29-8-93 and 18-12-95. He claimed that previous to circulation of the impugned circular No.9 promotion was made on the basis o......er case is that Regulation No.11 of BSRS Employees Service Regulations, 1988 made in exercise of powers under Article 43(1) of the Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128 of 1972) provides for filling 100% vacancies in the post of Assistant General Manager by promotion from the post of Se......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....into the documents of title of the parties. The learned Advocate further submits that sub-section (4) of section 145 Cr.P.C. provides that the Magistrate shall, without reference to the merits of the claim of any of the parties to right to possess the subject of dispute, peruse the written statement...... person entitled to possession thereof. Being aggrieÂved, the second party petitioners have moved this Court and obtained the present Rule. 3. Mr. Formanullah Khan, the learned Advocate appearing for the second party petitioners has taken me through the impugned judgments and orders of the Court......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..Category: Procedural Law | Date: | Hits: 116
.....
4. The respondent-Trust filed an affidavit–in-opposition supported by a supplementary affidavit–in-opposition contending, inter alia, that the petitioners did not acquire any vested right to claim state honorarium at the previous rate. Their claims are not backed by The Bangladesh (Freedom ......
Case Referred to-
Chairman, Bangladesh Freedom Fighters Welfare Trust and others Vs. Mominul Haque Bhuiyan and others, 14 BLC (AD) 4.
Lawyers Involved:
Syed Humayun Kabir Khadem, Advocate-for the petitioners.
J. K. Paul, Advocate-for respondent nos. 2-4.
Goutam Kumar Roy, Deputy A......n future to the respondent-Trust, it will dispose of the same in accordance with law within shortest possible time.
Mohammad Bazlur Rahman J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Constitutional Law | Date: | Hits: 237
Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
....‘emptor denied the same. The pre‑emptee deposing as O.P.W. No.1 clearly admitted in his evidence that he cannot say the date, month and year of cutting earth and dressing the case land for which he claims compensation as improvement cost. In the face of such clear admission by the pre‑emptee him......us (pre‑emption) Case No.3 of 1990 dismissing the pre‑emption case. 2. Opposite Party No.1 as pre‑emptor filed Miscellaneous Case No.3 of 1990 in the Court of the Assistant Judge, Muradnagar for pre‑emption of the case land under section 96 of the State Acquisition and Tenancy Act, 1950 a......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..Category: Property Law | Date: | Hits: 91
.... the charge as leveled against him.
The accused is to be discharged from his bail bond immediately. Communicate this order at once.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 417.
......ssed by the Sessions Judge, Patuakhali confirming the conviction and sentence passed by the Summary Martial Law Court in GR Case. No.375 of 1977 sentencing the accused to suffer rigorous imprisonment for one year and also to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for a......n a sheet of paper. On this written complaint filed before the Sub Divisional Officer Patuakhali, the accused was asked to appear before the Sub‑Divisional Officer and on being asked to produce the money he admitted having received Taka 200.00 on account of medicine and for traveling expenses and ..
Category: Criminal Law | Date: | Hits: 84
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ed the customs duty on the said consignment on the basis of tariff value and also realised Value Added Tax (VAT) to the extent of Taka 1,15,668.00 by assessment order dated 8‑2‑92. The petitioner claims that the consignment of natural raw rubber was exempted from VAT under MS Code 40. 01 of the ......ittagong Port, the petitioner acting through C & F agent Leo Enterprise, Chittagong submitted the Bill of Entry No.884/887 dated 8‑2‑92 under Bill of Entry Receiving No.5271 dated 29‑1‑92 for assessment and clearance of the said consignment (Annexure‑A). 3. The Collector of Customs,......led an appeal to the Collector of Customs and Excise (Appeal), Chittagong, against an order No.58 dated 27‑12‑93 passed by the Deputy Collector of Customs (Refund), Chittagong, refusing to refund money realised as VAT from it against import of natural raw rubber. This appeal was allowed by an or..Category: Administrative Law | Date: | Hits: 192
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....le was discharged by a judgÂment and order dated 17.08.2005 by the concerned bench of the High Court Division. In the aforesaid judgment dated 17.08.2005 it has been recorded that, "both the parties claimed their possession. Whether the comÂplainant party or the accused-petitioners are in possessi......tions 447/ 323/ 382/386/506 of the Penal Code, now pending in the Court of Sessions Judge, Cox's Bazar rejecting the application of the petitioners under Section 344 of the Code of Criminal Procedure for stay till disposal of Other Class Suit No.26 of 2003 which is pending in the Court of Joint Dist......ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ..Category: Criminal Law | Date: | Hits: 54
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......ssed by the learned Joint District Judge and Artha Rin Adalat, Narayanganj in Artha Rin Money Execution Case No.41 of 1999 should not be set-aside. 2. The material facts of the case as necÂessary for disposal of the Rule are that the opposite party No.1, Janata Bank, Fatullah Branch as plaintiff......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
.... 6. The learned Sessions Judge, Meherpur was pleased to frame the charge under section 302/201/34 of the Penal Code against all accused persons and the accused persons present pleaded not guilty and claimed to be tried. 7. The prosecution examined 12 witnessÂes who were cross-examined by the de......a - State defence Lawyer. Death Reference No.28 of 2005 Judgment Siddiqur Rahman Miah J.- This Death Reference being No.28 of 2005 has been sent by the Learned Sessions Judge, Meherpur for confirmation of death. This death Reference is directed against the judgÂment and order dated 1......ana and Telu called out the victim to the field of Telu; that Arman hit him and fell down on the ground; that the victim begged mercy to them and requested them not to kill him and he would give them money bringing the same from his father; that accused told him that Rehana gave them Taka 40,000/- f..Category: Criminal Law | Date: | Hits: 106
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ......sioning failure of justice. 2. Material facts are that opposite party No.1 as plaintiff instituted Family Suit No.12 of 2000 in the Family Court Patharghata, impleading the petitioner as defendant for dower and maintenance for Tk. 1,16,500/-. 3. The trial Court partly decreed the suit on 17.05......g in force. Section 16. Enforcement of decrees.- (1).......................................... (2).......................................... (3) Where the decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the decree shall, ..Category: Limitation Law | Date: | Hits: 147
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ......set aside. 2. The opposite party No.1 Bank as plainÂtiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petiÂtioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 a......e opposite party No.1 Bank as plainÂtiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petiÂtioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 and then Money Execu..Category: Civil Law | Date: | Hits: 89
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....ioned hereinabove, but also of destroying one of the basic strucÂtures of the Constitution, namely, the unitary character of the State by purporting to create a territorial unit which eventually may claim the status of a federating unit. In other words, the enactments impugned are seen as a colÂle......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outÂcomes as shall follow upon such disposa......e atrocities have shamed all mankind in the not too distant past. In consonance with the secret policy, "settlers" from the plains were inductÂed into the Tracts by providing them with free land, money, cattle, food ration and other incentives. Besides this nefarious policy of dispossessing the ..Category: Constitutional Law | Date: | Hits: 314
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....oint Sessions Judge framed charge against the accused-petitioner under sections 143/448/3857 506/34 of the Penal Code. The charge was explained and read over to him to which he pleaded not guilty and claimed to be tried. 5. Mr. M.M. Nuruzzaman learned Advocate appearing on behalf of the petitionÂ......t Attorney-General - For the State. Criminal Miscellaneous Case No. 6705 of 2009. Judgment Naima Haider J.- This is an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding of the Sessions Case No.697 of 2008, now, pending in the Court of le......e and demanded Tk. 6,00,000/- for exchange of their forged land properÂty. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatÂened the complainant to give them the said amount of money and withÂdraw the suit. Accused Md. Anwar Ali further threatened the informant that if he fai..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Chowdhury Vs. State and anothÂer, 2010, 39 CLC (HCD)
....of the Rule is hereby vacated. Communicate a copy of this Judgment to the trial Court immediately. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 182. ......rder or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as comÂplaint filed the Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that ...... 16.7.2006 7) Cheque No.01569596 dated 30.7.2006 on 30.7.2006 All the cheques were bounced for insuffiÂcient fund which was informed to the accused-petitioner who assured that he would deposit money within a few days and then all the cheques would be encashed. The opposite party No.2 accordin..Category: Criminal Law | Date: | Hits: 138
....fore the First Labour Court.
4. The petitioner, FDC and the respondent Nos.3 and 4 entered appearance and contested the case by filing written statement and denied the material allegations. It was claimed that the respondent No.2 was appointed as Lower Division Assistant‑cum‑Typist under the ......eclared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the complaint Case No.450 of 1993 before the respondent No.1 First Labour Court, stating, inter alia that he was appointed by Bangladesh......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once.
Ed.
This Case is also Reported in:49 DLR (HCD) (1997) 396.
..
Category: Labour and Industrial Law | Date: | Hits: 265
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....(AD) 17. In that decision, it was observed in paragraph 13: "13. Cardinal principle of the criminal jurisprudence is that the person concerned should submit to the process of justice before he can claim the right of audience provided in lawas well as the judicial convention, which is very much ef......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..Category: Criminal Law | Date: | Hits: 99
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