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Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)

....he 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, banks, financial institutions, companies and individuals." 4. In Extra-Ord...... 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...... 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. ..

Category: Company Law | Date: | Hits: 132

Jesmin Ara Vs. Md. Abdul Karim, 2010, 39 CLC (HCD)

....e at both places in respect of any cause of action arising at the place where he has such temporary residence and a Corporation shall be deemed to carry on business at its sole or principal office in Bangladesh or, in respect of any cause of action arising at any place where it has also a subordinat......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. ......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)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......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......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....an, Labour Court, Khulna and others ................Respondents Judgment March 1, 1992. Result: The rules are discharged. Cases Referred to- Md. Waziullah and another Vs. Secretary, Bangladesh Shipping Corporation and others, 32 DLR 36; Manager, Zeal Bangladesh Sugar Mills Ltd. Vs.......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. ......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)

....D) (1998) 39. ......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. ......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

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....DLR (HCD) (1998) 37. ...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......¦â€¦Respondents Judgment November, 1997. Result: The Rule is made absolute. Cases Referred to- K Sadanandan Vs. State of Kerala, AIR 1963 Kerala 59 (V 50 c 18); Mcanliffe Vs. New Bedford, (1892) 155 Mass. 261 at P 220; Bangladesh Vs. Md. Matiar Rahman, 1982 BLD (AD) 109. Lawyer...... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ..

Category: Employment/Service Law | Date: | Hits: 194

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

.... Additional District Magis­trate with powers to try as Magistrate all offences not punishable with death. It, therefore, appears that all Additional Dis­trict Magistracies within the territories of Bangladesh have been specially empowered under section 29C to try all offences not punishable with d......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. ...... person entitled to possession thereof. Being aggrie­ved, 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

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....p; (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Siddiqur Rahman and others ...Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others ...Respondent......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: ...... 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

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......ed, Advocates - For Opposite Party No.1. Criminal Revision No.96(c) of 1998. Criminal Revision No.415 of 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why jud......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While con­curring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

....nisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Government of Ghana Ridge Vs. Baldwin & others, 1963 (2) All England Law Reports, 66; Nasiruddin Vs. Govt. of Bangladesh, 32 DLR AD 216. Lawyers Involved: KZ Alam with Farid Uddin Ahmed, Sharful Islam Kha...... 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...... 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. ..

Category: Criminal Law | Date: | Hits: 84

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Awlad Ali J Wahidullah Majumder…………………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Banglade......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ......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,......d by way of VAT on the imported raw rubber to the petitioner. In the result the Rule is made absolute without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 400. ..

Category: Administrative Law | Date: | Hits: 192

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

.... The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Bench) 281. Law...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ......ahman Howlader, Assistant Attorney-General - For the Respondents. Writ Petition No.1251 of 2007. Judgment Md. Moinul Islam Chowdhury J.- The Supple­mentary Affidavit filed by the petitioner formed part of the main writ petition. 2. At the instance of the writ petitioner the instant Rule...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... This Case is also Reported in: 64 DLR (HCD) (2012) 124. ......ational collaborating center of the International Occupational Safety and Health Information Centre (CIS) of International Labour Organization (ILO). 4. Added co-petitioner No.3, Safety and Rights Society, is a Society registered under the Societies Registration Act, 1860. It was established with......le 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be directed to establish Code Enforcement Authority as per Chapter-2, Code 2.1 of the Bangladesh National Building Code, 2006 and fu......icle 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh calls upon respondent Nos.1, 2 and 4 to 6 to show cause as to why the respondents should not be directed to establish Code Enforcement Authority as per Chapter-2, Code 2.1 of the Bangladesh National Building Code, 2006 and ..

Category: Labour and Industrial Law | Date: | Hits: 163

Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)

....rate hair oil and Cosmetics. They used to bring different chemicals, labels and machineries from India and prepare adulterate hair oil and Cosmetics of different brand for the purpose of marketing in Bangladesh. The informant seized adulterated articles of different brand in presence of witnesses. H......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......e in Special Tribunal Case No.199 of 1992 convicting the appellants under section 25B (1)(b) and 25C(2)(a) of The Specials Powers Act, 1974 and sentencing each of them to suffer rigorous imprisonment for 5(five) years and also to pay a fine of Tk. 2,2001-in the former offence and sentencing each of ......l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ..

Category: Criminal Law | Date: | Hits: 71

Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)

....745 of 2004 discharging the rule, the accused-peti­tioners filed criminal petitions for leave to Appeal No.237 of 2006 and 238 of 2006 before the honorable Appellate Division of the Supreme Court of Bangladesh. Both these petitions for leave to appeal, being directed against the same judgment and o......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. ......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)

.... discharged. Cases Referred to- 1 BLC 179; 19 DLR 546; 44 DLR 340; Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 46 DLR (AD) 174; Hosne Ara Begum & another Vs. Islami Bank Bangladesh and others, 5 MLR (AD) 290; Iftekhar Afzal and another Vs. Pubali Bank Limited and others......others, 5 MLR (AD) 290; Iftekhar Afzal and another Vs. Pubali Bank Limited and others, 50 DLR 623; Belayet Hossain Vs. Bank Indosuez, 50 DLR 431; Kazi Gowaherul Islam Vs. Standard Co-operative Credit Society Ltd. and another, 50 DLR 333; Md. Harun-Or-Rashid Vs. Pubali Bank Ltd. and others, 27 BLD (A......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 nec­essary 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)

....cord. 71. Now as to the sentence in a case under section 302/34 of the Penal Code, law has been amended in India as per act 2 of 1974 and normal sentence for murder is no longer death in India. In Bangladesh there has been no amendment as yet. As per the deci­sion in the case of Nawsher Ali Vs. ......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......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 judg­ment and order dated 1......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..

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. ......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...... “Section 3. Ordinance to Override Other Laws.- The provisions of this ordinance shall have effect notwith­standing anything contained in any other law for the time being in force. Section 16. Enforcement of decrees.- (1).......................................... (2)......................

Category: Limitation Law | Date: | Hits: 147

Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)

.... The Rule is discharged. Cases Referred to- M/S. United Leather International Vs. Artha Rin Adalat and others, 17 BLT (AD) 204; Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 61 DLR AD 92; Nur Islam Vs. Agrani Bank, 49 DLR AD 135. Lawyers Involved: S.N. Gos...... 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 plain­tiff instituted Title Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant peti­tioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 a...... 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. ..

Category: Civil Law | Date: | Hits: 89