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MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....wo strands, firstly, precludes a shareholder from bringing an action to pursue wrongs which has been done to the company. Secondly, where there are irregularities in the way the company is run, and also in many cases where directors are in breach of their duties, the majority shareholder in gen......esaid notice was issued for calling an EGM although the Board of directors has not taken any decision to call any EGM for amendment of article 14 and Article 26 and, as such, the said notice was called without any lawful authority and with ulterior motive to grab 100% controlling power by ......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
Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)
....5(fifteen) days from the date of receipt of this order. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ......ed. In such circumstances, we are of the view that justice would be done if a direction be given upon the respondent Nos.1 and 2 to take necessary steps in accordance with law. Accordingly no Rule is called for. The respondent Nos.1 and 2 are directed to disposed of the application as evident in Ann......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27 ..Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....BLD 695; Abdur Razzaque Vs. State, 28 DLR 35; Md. Ali Haider alias Haidul Vs. State, 5 BLT 101; Angur Vs. State, 41 DLR 66; Abu Jamal Vs. State, 51 DLR 57; State Vs. Lokman Miah, 48 DLR 149; Ghulam Rasool Vs. State, 1977 Pakistan Criminal Law Journal 985; Md. Mominul Huq Vs. State, 48 DLR 182; Kawsa......orce of their marriage. But the Momena did not accept the said divorce. The victim and the sister of the accused Momena continues to meet with each other. On the date at mid night the accused Ishaque called the victim deceased Abedin with the help of his sister Momena in his house where the victim m......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)
....s. Amatul Karim and Swarup Kanti Deb, Assistant Attorney Generals-For the respondents. Writ Petition No. 9416 of 2012 Judgment Hasan Foez Siddique J.- By this petition, the petitioner has sought for declaration that the Ruling of the Hon'ble Speaker of the Jatiyo Sangsad dated 18.06.2012......ehalf of the respondents, submits that the petitioner has got no locus standi to file the instant writ petition. His next submission is that the validity of the proceedings in Parliament shall not be called in question in any Court as per Provision of Article 78 of the Constitution so the instant wr......ration of Pakistan reported in PLD 1999 SC. 57 which is, “Constitution is an organic document designed and intended to cater the needs for all times to come. It is like a living tree, it grows and blossoms with the passage of time in order to keep pace with the growth of the country and its people..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
Nalu Vs. State, 2012, 41 CLC (AD)
.... petition. On the basis of Naraji petition, Inspector Md. Mahmudur Rashid, Officer-in-Charge, D.B, Manikgonj, after investigation submitted charge sheet against two accused including the condemned-prisoner. 5. At commencement of the trial, the learned Additional Sessions Judge, Manikgonj frame......an Ali, nephew of the informant Md. Hazrat Ali of Ukia Village under P.S. and District-Manikgonj, was watching television in the house of neighbour Atab Ali. At that time, his cousins, Nalu and Rubel called away Emran for eating mango. After that, there was no trace of Emran. The following day at 12......e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
..... - This petition for leave to appeal is directed against the judgment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 as writ...... statutory body, writ petition was very much maintainable in law and in the facts and circumstances of the case, the High Court Division rightly made the Rule absolute and as such, no interference is called for with the impugned judgment and order and the leave petition be dismissed. 10. During ...... 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: ..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
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Cases Referred to-
State of U.P Vs. Manbodhan Lal Shriastada, AIR 1957 (SC) 1912, Aminul Islam and others Vs. Jains Finley and Company Ltd., 26 DLR (SC) 33; Bangladesh Marine Fisheries Association Vs. Government of Bangladesh and others, 52 DLR (273); Habibur Rahman Molla Vs. Stat, 61 D......
Writ Petition No.1655 of 2008.
Judgment
Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the continuation of Special Case No.01 of 2007 arising out of Di......lier is hereby vacated and the trial court concern is accordingly directed to proceed with the case in accordance with law.
Abdur Rob J. - I agree.
Ed.
This Case is also Reported in:
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Category: Anti-Corruption Laws | Date: 18 Jul, 2012 | Hits: 23
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....nt: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Safi Uddin...........................Petitioner (In person) Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, ...... 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. ......on enactment”, within the meaning of section 31 thereof; the defendant Bank having sufficient fund in its hands must pay the Bill of Exchange (cheque) and in default, must compensate the drawer for loss or damage caused on such default; in accordance with the provisions of section 128(2) (f) (i) o..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....thority Ordinance,1976, substituting berth/ship-handling operation in place of stevedoring/shore-handling operation at Chittagong port, should not be declared to be ultra vires the Constitution; also as to why the notices inviting tender bearing Invitation Reference No. DT/Ship/Berth Operator/Te...... Writ Petition No.4285 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned amendment of the Regulations for Working of Chitta...... Advocate appearing on behalf of the respondent Nos.1 and 2 submits that due to the earlier prevailing system, the total export import process of the country was jeopardized causing huge financial loss particularly on the count of loosing international investments as well as market. The delay in..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)
....ুসারে উহার সহিত সহযোগী আসামীর স্বীকারোক্তি বিবেচনায় আনা যায়। Conviction can not be based solely on co-accused’s confession It is settled law that conviction can not be based sole......ession made by a co-accused as against the non-confessing accused and there is nothing to disagree with this settled position of law. But this court is not hearing an appeal against conviction nor is called upon to assess the evidentiary value of the aforesaid confessional statement as the last cour...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10
.... leave, by the appellant, arises out of the judgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute.
2. The writ petition was filed questioning legality of listing House No.240 at Road No......n question and as such, the property by operation of law became an abandoned. The memorandum of gift dated 01.01.1971 is an anti-dated and manufactured document to raise claim in the property. The so called gift is hit by the provision of clauses 20 and 21 of the leased deed. Recording of the names ......al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)
....Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment June 19, 2012. Result: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Legit......some overriding public interest comes in the way. Equity has always , True to Form, Stepped in to Mitigate the Rigours of Strict Law- The doctrine of promissory estoppel has been variously called 'equitable estoppel', 'quasi estoppel' and 'new estoppel'. It is a pr......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148 ..Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3
Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)
....ed of on terms. Cases Referred to- HV Kamath Vs. Ishaque (1955)1 SCR 1104 (1126); AHM Mustafa Kamal Vs. Bangladesh, 61 DLR (AD) 10; Md. Delwar Hossain Vs. State, 2006 BLD (AD) 109; M/s Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42; AFM Naziruddin Vs. Hameeda Banu, 45 DLR (AD) 38. Law......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......ended till 30th July,2012 or till publication of the election result in the official Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70. ..Category: Others | Date: 18 Jun, 2012 | Hits: 7
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rule absolute setting aside those dated 4-8-2009 passed by the learned Additional District Judge, Second Co......d signature according to the provision of section 73 of the Evidence Act and there was no scope for obtaining opinion of the handwriting expert at the appellate stage and, as such, no interference is called for by this Division. He further submits that the grounds on which leave has been granted had...... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....angladesh Biman Corporation and others has arisen from the Judgment and order dated 01.09.2004 passed by a Division Bench of the High Court Division in Writ Petition No.2248 of 2002 making the rule absolute. 2. The respondent No.1 Riaz Uddin Ahmed filed the above mentioned writ petition before th......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... in short) he received a notice being No.ACPA/15/P-32735/98/74 dated 23.03.1998 (annexure-B) to show cause as to why disciplinary proceeding should not be taken against him for causing huge financial loss to Biman in his self-interest and also for his financial gain by overwriting and tampering 3 ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
....ngail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, namely default in paying bank loan and telephone bills. 3. The first source was a letter dated 30-11-2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corpor......cate, appearing on behalf of respondent No.1, on the other hand, submits that this Division had already addressed all the issues raised in this petition for review and as such no interference is called for. 26. We have considered the submissions of the learned Advocates, the judgment under...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
.... under section 28 of the Companies Act, 1994. The assessee-applicant has been carrying on business of selling imported Nokia cellular handsets to the Grameen Phone Limited, another company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed ......istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......r company. It also sells Grameen Phone products on commission basis under dealership agreements. The assessee filed its income tax return for the assessment year 1998-1999 showing its income at a net loss of Taka 3,12,93,506 before the Deputy Commissioner of Taxes, Company Circle -7, Taxes Zone..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
.... Md. Muzammel Hossain CJ.- I have gone through the judgments proposed to be delivered by my brothers, Surendra Kumar Sinha J, Md. Abdul Wahhab Miah J and Muhammad Imman Ali J.- I agree with the reasoning and findings given by Md. Abdul Wahhab Miah J. Surendra Kumar Sinha J.- I have read the ......High Court Division rightly confirmed the order of conviction and sentence passed by the learned Sessions Judge against them finding them guilty under sections 300/34 and, as such, no interference is called for with the impugned judgment and order. In section 32 of the Penal Code, the words, which r......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....5011300A) (“Contract”) for total value of U$S 300,000 wherein a discount of approximately Tk. 61% was allowed on all subsequent purchase. 3. Upon implementation of the project it appears that some of equipment supplied were not properly and/or fully provisioned with the necessary software in...... that the instant application is not maintainable because of the reason that the subject of arbitration is for the compensation for the alleged loss suffered by the petitioner in not supplying the so-called second supply of the equipments, but admittedly the petitioner did not establish any L/C of t......etely neglected to resolve all outstanding issues with the petitioner for which the petitioner has no alternative but to initiate arbitration by filing notice of arbitration claiming compensation for loss and damage suffered under the Contract and accordingly the petitioner intended to invoke the Pr..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
....gistrar needs sanction of law to work According to Rule 6 a Nikah Registrar can perform additional responsibilities for a maximum period of 120 days and in the instant case the said period had also been expired long before filing of the writ petition and obtaining Rule. Without being appointed ...... Writ Petition No.7431 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned Memo No.Bichar-7/2 N-34/83-504 dated 26-7-2010 issu...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
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