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Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... law. Let a copy of this judgment be transmitted to the concerned Court below at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 116. ......of name of the petitioner in the 161-statements cannot exclude him from all possibilities of implication as an abettor of the offence because he is a beneficiary of the alleged illegal transaction which was allegedly done in connivance with other accused named in the FIR and the charge-she..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Advocate Asaduzzaman Siddiqui Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....is Court which directed respondent Nos. 4 and 8 to appear in person on 08.11.2012 and, in view of the fact that the said Rule issuing Bench is not in seisin, the instant Rule has been posted in the Cause List by this Court at the instance of the petitioner. 6. Mr. Murshid next submits that h......lators. 3. In this application under Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the inaction of the respondents to take legal action against the respondent no.5 should not be declared i..Category: Women and Children | Date: 8 Nov, 2012 | Hits: 10
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......e the expiry of the required one month from giving notice in writing under section 163 of the Dhaka City Corporation Ordinance, 1983 , as such, before expiry that statutory period of time no cause of action arose under the statute thus under Order VII, rule 11 of the Code of Civil Procedure the suit..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
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 ......t have also been annexed as Annexure-X-4 to X-11 to the affidavit-in-opposition. As such, there is no case of oppression on the petitioner as minority shareholder. Rather it is a clear case of taking action against the petitioner for committing breach of trust and removal of company's money and ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....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. ......se of the process of the court or otherwise to secure the ends of justice.......................................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of th..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
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. ...... Vs. Mohiuddin Khan Alamgir reported in 62 DLR (AD) 290. It is asserted that the notice issued to the accused-petitioner, while he was in jail custody, was not fair and it was worst type of arbitrary action and, as such, the apex court disapproved such notice giving legal interpretation of section 2..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......e No.97 of 1996 is hereby affirmed. 25. In the result, the Rule is discharged. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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. ......osition on behalf of the respondent No.8 opposes the Rule and submits that the Vat scheme under the VAT Act made different persons liable for collection and deposit of VAT at different stages of transactions. Therefore, liability to pay VAT and responsibility to collect and deposit the same may be r..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
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. ......us, the petitioners were deprived of their legal rights to be appointed in the permanent posts. The petitioners had been successfully performing their duties in the services of the Biman to the satisfaction of the authorities and received testimonials from the superior officers on various occasions...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. ...... Evidence Act will come into play. It says that when the Court is satisfied that there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to the..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....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. ......ty in connection with the affairs of the Republic or a Statutory Public Authority. 5. If the person making the application on enquiry is found to be an interloper who interferes with the action of any person or authority as above which does not concern him is not entitled to make such..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)
....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. ...... section 233 of the Act, thus practically negotiates the rule founded in Foss Vs. Harbottle (1843) 2 Hare 461. This rule, which has two strands, firstly, precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
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 ...... of India in its contractual or statutory obligation, writ petition would be maintainable. However, a legal right must exist and corresponding legal duty on the part of the State and if any action on the part of the State is wholly unfair or arbitrary, writ Courts can exercise their p..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......omplainant was cited as witness No.1. The learned Magistrate, 1st Class, by order dated 14.06.1999 sent the complaint of Arabjan Bibi to the Officer-in-Charge, Moulvi bazar Police Station, for taking action as per law and to inform the Court as to the action taken. The complainant Arabjan Bibi remai..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......04 the same without giving any notice required as provided under law and without giving any opportunity for hearing in the matter by the plaintiffs. The plaintiffs came to know about the said illegal action when they went to the Tashsil Office for payment of government land revenue there. Thereafter..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....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: ......hat the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012 that a certain Hon'ble Judge of the High Court Division has violated Article 78(1) of the Constitution and what reasonable action may be taken for such conduct is being left for the Hon'ble Chief Justice for necessary actio..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......f the samity which was illegal. That the newly formed committee obtained a number of allegations against the plaintiff and accordingly a meeting was held on 28-2-1993 and a decision was taken to take action against the plaintiff and accordingly a show cause notice was issued against her and since he..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... revisional application in appropriate motion bench immediately. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 81 & 21 BLT (HCD) (2013) 1 ...... misled by wrong advice. It is quite clear from the chronological happenings of the case that petitioner was always prosecuting with due diligence another civil proceeding with the same cause of action. The wording in section 14 of the Limitation act is not only 'from defect of jurisdi..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
.... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ......ney Mr. Rezwanul Haque, Advocate got itself added as respondent No.3. 6. In the body of the writ petition, facts were stated in a more cumbersome manner which are as follows: The cause of action of the application under article 102 of the Constitution arose on alienation of right to a de..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108