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Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....shares of Taka 1000 each. The petitioner is holding 20% shares in the company, incorporated on 8-5-2008 as a private company limited by shares, under the Companies Act, 1994 (the Act) to carry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to disp......y the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......t No. 1 Company namely The Heaven Homes Private Limited, certificate of incorporation No.C-71163 (3670)/08, having 500 shares of Taka 1000 each. The petitioner is holding 20% shares in the company, incorporated on 8-5-2008 as a private company limited by shares, under the Companies Act, 1994 (the Ac......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....person committing an offence under section 138 is a Company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the Company for the conduct of the business of the Company as well as the Company shall be deemed to be guilty of the offence and under...... Vs. State and another..............................................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent of enactment of law regarding bouncing of the cheque under the Negotiable Instruments......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
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. ...... Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to amend any provision of a statute is within the ambit of legislative power, which is exclusivel......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. ......ntal order, that the 189th board resolution dated 26-5-2011 of the bank shall stand deleted, to the extent it has taken decision to increase the paid up capital through IPO and the appointment of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be born..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ssion over the spot or that none else had access to it, cannot make him liable for conviction. When the first information report named and seizure list witnesses, who are the owners of shops and business concerns adjacent to the place of a occurrence, do not support the prosecution story of rec......n Vs. State 20 BLD 576; Md. Alauddin Vs. State 22 BLD 256=7 BLC 54; Muslimuddin Vs. State 38 DLR (AD) 311. Lawyers Involved: SM Shahajahan, Advocate with Md. Mohinur Rahman, Advocate—For the Appellant. MA Mannan Mohan, Deputy Attorney-General with Md. Osman Goni, Assistant Attor......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. ......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. ..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
.... again he pleaded not guilty and declined to adduce any evidence in defence. The defence case, as could be gathered from the trend of cross-examination of the P.Ws., was that the appellant carried on business of pharmacy at the local Bus terminal. Being influenced by his business rival Police f......ed on the basis of unimpeachable evidence of the Police witnesses though the public seizure list witnesses were reluctant to tell the truth in a bid to save the accused who was either their neighbour or relative. In the instant case Police officials proved the case of recovery of firearm from the po......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. ......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. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....of the People’s Republic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People’s Republic of ......ublic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People’s Republic of Bangladesh without interr......ct; 2. Brief facts, necessary for the disposal of this Rule, are as follows:— The petitioner Orascom Telecom Bangladesh Limited is a private company limited by shares and incorporated under the laws of Bangladesh. The petitioner company is a digital cellular mobile telecom......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Tapan and others Vs. State, 2012, 41 CLC (AD)
.... Bichar Tribunal No.4, Dhaka for the murder of Nur Mohammad Khan, father of the informant Nurul Alam Khan (P.W.1) oh 15th August, 2001 at about 8-25 PM. It is said, the deceased a social worker and a business man formed a Samity for prevention of crimes in the locality. Petitioners demanded toll of ......llip;........Respondent [In all the cases] Judgment August 13, 2012. Result: The petitions are dismissed. Though there were sufficient evidence against the petitioners in support of the charge, it is not clear from the materials on record that all the petitioners have shot a......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ......ed with the modification of sentence. Since convicts have preferred regular petitions, jail petitions have rendered infructious. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 174. ..Category: Procedural Law | Date: 13 Aug, 2012 | Hits: 4
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....nt, Segun Bagicha, Dhaka for exclusion of the case property from the list of abandoned property. But that application was not entertained as the aforesaid Court of Settlement could not carry on its business for lack of constitution. 5. The vendor of the writ petitioners had always been in exc......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another............. 13. We have considered the submissions of the learned Deputy Attorney-General for the appellant and the learned Advocate for respondent No.1, perused the impugned judgment and the papers incorporated in the paper-book. 14. Before addressing the conflicting submissions of the learned ......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....leum corporation, operating under the ministry of petroleum having status of the publicly traded company, incorporated under the Companies Act, 1994. The assessee-applicant company is engaged in business of distribution petroleum product under the Bangladesh petroleum corporation and deriv......s...…………………Respondent Judgment August 7, 2012. Result: The Rule is disposed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiy......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
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. ...... Result: Rule issued in Writ Petition No.5073 of 2012 is discharged. Rule issued in Writ Petition No.5095 of 2012 is made absolute. Power of a Review Panel Neither PPA, 2006 nor PPR, 2008 has provided any authority upon a Review Panel to declare a company as pre-qualified fo......;ment bearing No.LA#BD-P53 for Japanese Yen Eight Billion Forty Million was signed between the Governments of these two countries. The Mod and the LA emphasized the need to restructure BTTB as a body corporate as a precondition for effectiveness of the loan and, therefore, subsequent to the inc......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. ..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)
....cated to the affected persons, do not create a legal right in their favour", "inter Ministerial Communications are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for r...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and ......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. ......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. ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....n the respondent No. 2 Company, which are pre-IPO placement shares. These IPO placement shares were purchased through the BO ID No. 1203-6800-1315-6518 of the respondent No.3 engaged in share trading business through his proprietorship concern named Capital Bangladesh, pursuant to a Memorandum of Un......Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ...... 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. ...... 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. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....tional written statement contending, inter alia, that the plaintiff and he were close friends and both of them used to reside at Urdu Road; the defendant being in need of money in connection with his business approached the plaintiff for a loan of Taka 1,50,000. The plaintiff agreed to pay the said ......r Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal same is dismissed. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate......pay Taka 1, 25,000 at the time of execution of the agreement and the rest of Taka 25,000 would be paid later on. The plaintiff also insisted to show in the agreement of Taka 1,50,000 as paid and to incorporate therein a stipulation that the remaining amount of Taka 50,000 would be paid within next 6...... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... prosecution witnesses by bringing any other material in other manner showing any involvement of Jibran or his connection with any person having any bad reputation or connection with any illegal business or trading including smuggling so that he might have developed any sort of animosity with o......an Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar ......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. ......ad ceased to exist is admissible against the other party. There is then no common intention of the conspirators to which the statement can have reference. In their Lordships' judgment S.10 embodies this principle. That is the construction which has been rightly applied to S.10 in decisions ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....e court will not interfere. If the policy cannot be faulted on grounds of arbitrariness/or irrationality or perversity or mala fide, judicial interference is impermissible even if it hurts the business interest of a party. Court cannot dictate either that a certain policy ought to have been ...... meant to protect basic human rights of the disadvantaged citizens and the High Court Division should guard that the filing of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated whe......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... 16 keeping provisions for 4 members to remain personally present to form the quorum for holding General Meetings and the Board Meetings, respectively, can also create stalemate in the business and functioning of the company. Even if the 4 members do adopt an unanimous resolution that......pon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......gment Md. Rezaul Hasan J. - This is an application under section 233 of the Companies Act, 1994 (the Act). 2. It appears from the statements made in the petition that the Company has been incorporated on 11-5-1997, vide certificate of incorporation dated 11-5-1997, under the Companies Act ......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....ixty one thousand six hundred and sixty seven cents eighty two). 4. The brief facts necessary for disposal of these writ petitions are as follows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT b.....................Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782;......pt of purchase electric power and energy on rental basis was not in existence. Next, he submits that the rental basis power stations is established for a particular period and the exemption from corporate income tax for a period of 15 years is given for independent Power Project (IPP) only, whi......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 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
.... he came back in the year 1992 and while returning from Dubai, he brought one Sony TV, VCP and other valuable worth about Tk.1.5. lacs and he purchased some agricultural land and started showing Film business through TV by VCP, On 21-9-1996 after show those goods were kept under the Chowki of his be......l is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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 always the business of the Judge to find out the truth. Charles Dickens said, “It is a temptation that Judici......999 SC. 57, Ministry of Finance Vs. Mr. Md. Masder Hossain, 2000 BLD (AD) 104, S.P. Gupta Vs Union of India, AIR 1982 SC 149, India Vs Sankal Chand Himatlal, AIR 1977 S.C. 2328, S.C. Advocates-on-record Vs Union of India, AIR 1994 SC page 268, 47 DLR (AD) 111, Raja Rampal Vs. Hon’ble Speaker, Lok......on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......s, the legislatures and the judicature, are derived primarily from the status, dignity and importance of the respective causes, that are assigned to their charge by the constitution. These two august bodies, as well as the executive, which is another important constituent of a democratic state, must..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
.... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..........Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is disposed of. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For...... ad-interim order staying operation of the impugned notification. The Rule was issued in the terms as prayed for. 3. In the writ petition, it was stated, inter alia, that the Federation is a body corporate, explicitly cited in Part 1 of the Schedule to the Bangladesh Sports Council Act, 1974, of......teps to hold the election of the Federation’s Executive Committee, by, first drawing a list of members of the General Council, to the nominated by the affiliated clubs, organizations and such other bodies as are designated by the constitution, in accordance with the provisions as stipulated in the..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
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