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Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....that she was illegally removed from the office of Managing Director of the Company. She filed an application under section 233 of the Act before the Company Bench of the High Court Division which was registered as Company Matter No.150 of 2005. The company matter was dismissed on 8th May, 2006. The ......prayer for re-instating her in the company as its Managing Director, the whole purpose of her filing the application was to investigate the fraud committed by respondent No.2 in removing her from the post of Director and Managing Director of the Company and the Registrar was fully empowered to see t......tted by the High Court Division in passing the impugned judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading ...... away in an arbitrary manner. In view of the above, we find merit in this appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....ction 109 of the Penal Code read with Section 15 of Emergency Power Rules, 2007. 7. Eventually, the case was sent to the learned Metropolitan Special Judge, Court No.1, Dhaka, wherein the same was registered as Metropolitan Special Case No.27 of 2007. The learned Judge of the Metropolitan Special...... the Act. The concerned authorities on realizing this error, tried to cover it up by inserting Subsection (2) in Section 18 on 18.04.2007, by Ordinance No. VII of 2007. Sub-section(2) provides for ex post facto ratification of the acts done by the officers of the Commission during the period from 07......…………………………………………………………Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... his ailing mother accordingly the petitioner obtained visa from London and entered Bangladesh on 11.7.78 with a visa for three months; that after his arrival in Bangladesh 11.7.78 the petitioner was registered by the concerned authority as a Foreigner; that the petitioner obtained extension of his ......ated by malice in law. Dr. Nurul Islam was then Professor of Medicine and Director of the Institute of Post‑Graduate Medicine and Research. By an order dated 22nd November, 1978 Government made the post of Director of the IPGMR a non‑practicing post and released him of his duty as Professor of M......d others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (AD) 143; Government of East Pakistan Vs. Nur Mohammad, PLD 1964 (SC) 451; Abdur Rahman, Advocate Vs...Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ors denied the allegation contending that they were in exclusive possession of the suit land since 26.3.46 when the husband of judgment‑debtor No.1 Azirunnessa transferred the suit land to her by a registered kabin nama. The learned Munsif allowed the execution case directing the judgment‑debtor......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......others Vs. Veda Brata Chakroborti and others, 16 DLR 61; Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992 BLD High Court Division 323; Kad Banu and others Vs. Hajera Khatun and others, 36 DLR (AD) 183 = BCR 1985 (AD) 73; State of Bihar Vs. Rani Sonabati Kumari, 1964 AIR (SC) 61; 1960 PLD (Dha..Category: Civil Law | Date: | Hits: 100
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ...... of reference. We believe that in appointing the Chief Justice of the country the President would refer to all and any quarters who would advise him or assist him in choosing the right person for the post of Chief Justice and we believe that reference to any Commission made for the purpose of scruti......iri Vs. Federation of Pakistan and others, PLD 1996 Supreme Court 324;Bangladesh, represented by the Secretary, Ministry of Justice and Parliamentary Affairs Vs. Md. Idrisur Rahman, Advocate, 29 BID (AD) 79; SN Goswami, Advocate Vs. Government of the People's Republic of Bangladesh, 55 DLR 332. ..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respon......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......oners Vs. M Anwar Hossain and others………………………………Respondents Judgment August 8, 2011. Case Referred to- Qazi Kamal Vs. Rasdhani Unnayan Kartipakkha, 44 DLR (AD) 29. Lawyers Involved: Rajik-al-Jalil, Deputy Attorney General, instructed by B, Hossain, ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... dead body was floating in Dayur Tank at Salperchar and they proceeded towards that tank. On the way they learnt that the dead body had already been taken away by the police to Narayanganj morgue for post‑mortem examination. On getting this information they went to the morgue, identified the behea...... State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howlader Vs. State, 1984 BL..Category: Criminal Law | Date: | Hits: 91
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....ned Subordinate Judge, Fourth Court, Dhaka in Title Suit No.503 of 1999. 2. One Brajabashi is the admitted owner of the suit land. Plaintiffs are claiming title in the suit land on the strength of registered deeds from Abdur Rashid, Mamtaz Begum and others who got the same from Shahida Begum. Sai......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......premises, is perfectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
.... leaving two sons Sultan and Ashraf Ali and one widow Gulmeher Bibi who were owning and possessing .27 acres of land as heirs of Kamaruddin. They sold the said .27 acres of land to one Sabu Miah by registered Deed No.10584 dated 22.10.1956, later on, the said Sabu Biah died leaving behind him Kutu......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......ourts below. We find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....of land and he sold the said 32 decimals of land to Md. Jahedul Hoq and Md. Mazedul Hoq by two registered deeds. After that, Md. Mazedul Hoq transferred 44½ decimals of land to the plaintiff, vide registered sale deed No.5433 dated 02.07.2000. It is mentionable that he transferred 2½ decimals ou...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......preciation of the materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......Warrant of Precedence is derogatory to the dignity of their office and is violative of Article 31 of the Constitution. The impugned Warrant of Precedence fails to appreciate that all constitutional posts, such as the Judges of the Supreme Court of Bangladesh, Attorney-General, Comptroller and Audi......t within 10th April, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....nt is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two different dates and if the deed which was executed subsequently was registered earlier than the other deed whether the deed which was registered earlier would take ef......ounger wife of late Sardar Jawala Singh. The elder wife was childless, the younger has borne to him a daughter, who according to the law did no inherit the estate. Bhagwan Kuar claimed the boy as her posthumous son to inherit the estate. Almost immediately after the death of her husband, Bhagwan dis......st 3, 2010. Cases Referred To- Satyadeo Prasad Vs. Smt. Chanderjoti, AIR 1966 Pat 110; S.T. Chendikamba Vs. K.I. Biswanathamayya, AIR 1939 Mad 446; Rafiqul Islam (Md.) Vs. Mir Abul Ali, 44 DLR (AD) 176; Ramappa Vs. Bojjappa, AIR 1963 SC 1633; Sardar Gurbakhsh Singh Vs. Gurdial Singh and anothe..Category: Procedural Law | Date: | Hits: 76
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
....he Code of Criminal Procedure (“the Code”) requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No. 01 of 2006. 2. In recounting the events leading to th...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......………………………………Condemned Prisoner Judgment February 20, 2011. Cases Referred To- Bhola Vs. State 55 DLR (2003), 36; Anisur Rahman & Ors Vs. The State; 1986 BLD (AD), 79 K.C. Mistay Vs. The State reported in BCR (1985) (AD), 298; Ansar (MD) Chan Mia Vs. State 53..Category: Criminal Law | Date: | Hits: 106
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ......ed on 30.6.2000. After completion of this project the petitioners discharged their duties in the service of the BAEC honestly and sincerely; that the Ministry of Establishment accorded approval to132 posts of the completed project for regularization in the revenue budget on temporary basis. But the ......tion of the judgment and order dated 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388. ..Category: Employment/Service Law | Date: | Hits: 81
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ......ng in the Court of Divisional Special Judge, Dhaka. 2. Facts, in short, are that accused in the instant case is a former President Lt. General (Retd.) Hussain Muhammad Ershad. He resigned from the post of President on 6.12.90 at about 3‑00 PM. He was staying at the Senabhaban at Dhaka Cantonmen......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....ission of offence under sections 147/148/149/302/324/114/427 of the Bangladesh Penal Code read with section 1(24) of the Cattle Trespass Act against 16 persons and the case being GR Case No.30185 was registered in the Court of Upazila Magistrate Baniachong, District‑Habiganj. In the FIR it was all......ate, on receipt of a complaint of the offence of which he is authorised to take cognizance, or which has been transferred to him u/s 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against, and ei......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89