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Anti Corruption Commission Vs. Md. Obaidul Karim and another, 2012, 41 CLC (AD)
....Jeep and that the price of the Jeep was paid by Mr. Mozaffar Hossain, the Senior Cashier of Finance Department of Orion Group, and as such accused Ashraf Hossain has committed offence by misusing his power and the accused, in collusion with each other, have committed offence under sections 420/109 o......ellip;……Petitioner Vs. Md. Obaidul Karim and another................Respondents Judgment November 4, 2012. Result: The leave is granted. Case Referred to- Habibur Rahman Mollah Vs. the State, 62 DLR (AD) 233. Lawyers Involved: Md. Khurs......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ment and order dated 25.09.2012 passed by the High Court Division in Criminal Miscellaneous Case No.19433 of 2012 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Nov, 2012 | Hits: 611
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....ed one witness and also produced some documents which were marked exhibits. But the trial court dismissed the suit by the judgment and order dated 23.07.2000 on the observation and finding that the power of attorney dated 17.02.1999 the exhibit-3 purportedly executed by Hirok and Pulok was forge......an Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others......................Respondents Judgment October 18, 2012. Result: The petition is dismissed. Lawyers Involved: Mrs. Sufia......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....ection 33, there are 9(nine) sub-sections. Sub-sections (1)-(4) of the section have dealt with the procedure of auction sale of a property in execution of a decree. Sub-section (5) has dealt with the power of the executing Court to give the decree-holder the right to possess and enjoy the property t......uda J Abdur Razzaque Chowdhury and others.......Petitioners (In both cases) Vs. Artha Rin Adalat and others.......................Respondents (In both cases) Judgment October 18, 2012. Result: The leave petitions are dismissed. Case Referred to- Abd......orders are 16.02.2006, 07.10.2007 and 19.02.2008) before the High Court Division by filing Writ Petition No.2535 of 2008. 3. From the impugned judgment and order, it appears that Rule was issued calling upon the respondents, namely, the decree-holder-Bank and the Adalat to show cause as to why ......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
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. ....................................Petitioner Vs. Dhaka Metropolitan Rickshaw Samity..........................Opposite Party Judgment October 17, 2012. Result: The rule is made absolute. Lawyers Involved: MA Ba......ision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why the order No. 8 dated 30-1-2000 passed ......000 rickshaws to the members. The plaintiff samity then applied to the office of the defendants to issue Rickshaw licence to them but having found no response the plaintiff samity held meeting, procession, press conference, sit on protest etc. Lastly on 7-12-1996 filed memorandum..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....the notice, otherwise, it is no notice in the eye of law. A notice issued under section 26 of the Act to a detenu, away from his hearth and home, cannot be said to be a fair and bona fide exercise of power." 20. By referring to Article 111 of the Constitution of the People's Republic o......ain..........Petitioner Vs. State and another…………………………………...Opposite-Parties Judgment October 16, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti......eous No.14900 of 2009. Judgment Md. Nazrul Islam Talukder J.- On an application under section 561A of the Code of Criminal Procedure filed by the accused-petitioner, a Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceedings of Special Case N...... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... emails, both dated 10-1-2012; that the said EGM was duly convened and held on 19-2-2012 at the registered office of the Company; that under the provision of Section 59 of the Act and in pursuance of powers in that behalf contained in the Articles of Association, the Company, by a special resolu...... not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......on, adopted in the EGM dated 19-2-2012, that the members have voted for reduction of share capital. It is apt to quote the resolution, which reads as follows:— "Members present at the meeting unanimously agreed that the proposals for reduction of share capital and share pre..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....mpany being registered on 8-5-2008 the tenure of 5 years will be expired on 7-5-2013. As such the board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled as per provisions of cla......by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......ich is unlawful and is of no legal effect. Hence this petition. 3. The Respondent No. 2 appeared in this matter and submitted affidavit-in-opposition denying all materials allegations and specifically stated that Article 38 of the Articles of Association of the Company provides that t......f the Company contemplates that Respondent No. 2 Mr. Mohd. Abdus Salam shall be the first Chairman of the Company for a period of 5(five) years and his responsibility shall be to preside over all the meetings of the Company and Respondent No. 3 Mr. Abdul Jabed shall be the Vice Chairman of the Compa..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
.................Plaintiff-Petitioner Vs. Md. Numl Haque & others........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. S......n) Present: Md. Abu Zafor Siddique J Entaj Ali (Md.).......................Plaintiff-Petitioner Vs. Md. Numl Haque & others........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Cour...... Judgment Md. Abu Zafor Siddique J.- On an application filed under section 115(1) of the Code of Civil Procedure a rule nisi was issued in the following terms:— "Let a Rule issue calling upon the opposite-party Nos.1-6 at the risk of the petitioner to show cause why the order co......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......ed Mahmud Hossain J Muhammad Imman Ali J Bangladesh and others.........................Appellants Vs. M/S. Sanker Kumar Das.......................Respondent Judgment October 10, 2012. Result: The appeal is dismissed. Lawyers Involved: Abdus Salam M......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ...... 2. The facts of the case, in brief, are that the respondent M/S Sanker Kumar Das filed the Writ Petition No.1633 of 2003 challenging the resolution No.2.4.9 adopted in A.D.P. Program (2002/2003) meeting held on 30.09.2002, so far it affects the sub-project No.26 of the respondent, purportedly s..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... the substantive justice should not be frustrated or other wise defeated for any technicality in the law.....................(37) The Code of Criminal Procedure, 1898; Section 561A Inherent power The inherent power under section 561A of the Code of Criminal Procedure can be invoked at......am Talukder J Engineer Afsaruddin Ahmed and others...................Petitioner Vs. State and another..............................................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent o......ase No.11847 of 2008 And Criminal Miscellaneous Case No.4985 of 2009. Judgment Md. Nazrul Islam Talukder J. - These Rules, at the instance of two accused-petitioners, were issued calling upon the opposite-parties to show cause as to why the impugned proceedings of CR Case N......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
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
.... the notice, otherwise, it is no notice in the eve of law. A notice issued under section 26 of the Act to a detenu, away from his hearth and home, cannot be said to be a fair and bonafide exercise of power," 15. It transpires that Dr. Mohiuddin khan Alamgir preferred appeal against the jud......ip;……Petitioner Vs. Anti-Corruption Commission and another…………………………Opposite-Parties Judgment October 7, 2012. Result: The Rule is discharged. Cases Referred to- Anti-Corrupti...... Criminal Miscellaneous Case No.21084 of 2011. Judgment Khondker Musa Khaled J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No......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. ..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....f Ragib Ali. 4. It is argued on behalf of the Agrani Bank that the bar imposed in sub-rule (3) of rule 83 of Order XXI denudes the jurisdiction of the Court or in the alternative, takes away the power of the Court to issue certificate to the judgment debtor for private sale of mortgaged-propert...... Muhammad Imman Ali J Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Respondents Judgment October 3, 2012. Result: The appeals are disposed of with observations. Lawyers I......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
......Petitioner Vs. 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......llip;……………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: The application is allowed. The power to enact a law or to ame.......1. Company matter No.39 of 2012. Judgment Md. Rezaul Hasan J.- This is an application under section 81(2) read with section 85(3) of the Companies Act, seeking condonation of delay in calling, holding and conducting the 13th Annual General Meeting (AGM) of the Respondent No.1 (herein......ly; that in the plaint of Title Suit No.189 of 2011, the plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Financial Express and minutes of 189th board meeting were illegal, and the plaintiff has obtained an interim order of injunction on 18-8-2011 fro..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......State…………………….....................Respondent Judgment September 9, 2012. Result: The appeal is allowed. Case Referred to- Jharna Begum and others, 54 DLR (AD) 60, 60 DLR (HCD) 371; AIR 1972 (SC) 535; State Vs. Mon......ence examined none. 4. From the trend of cross-examination of the P.Ws. the defence case is that the appellants are innocent and they have been falsely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....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. ...... Vs. State...........................................Respondent Judgment September 4, 2012. Result: The appeal is allowed. Cases Referred to- Safder Ali Vs. Crown 5 DLR (FC) 107; Abdul Haq Vs. State 14 BLT 485; Fazlur Rahman Vs. Stat......o GR No.364 of 2007. 3. The Police, after investigation submitted charge-sheet under sections 19A and 19(f) of the Arms Act accusing the appellant as accused. 4. Eventually, the accused was called upon to answer there charge under sections 19A and 19(f) of the Arms Act who pleaded not guil......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
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. ......pposite-Party Judgment August 29, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears—For the Petitioners. Bishmadev Chakraborty, Deputy Attorney-General with Syeda Rabia Begum, Assistant Attorney-General—For the State Opposite-Party......ney-General with Syeda Rabia Begum, Assistant Attorney-General—For the State Opposite-Party. CriminaI Revision No.165 of 1998. Judgment AKM Shahidul Huq J. - This Rule was issued calling upon the opposite-parties to show cause as to why the impugned Judgment and order dated 18-9......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. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....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. ...... The appeal is dismissed. In an arms case, an accused could be convicted 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 in......prepared a seizure list in presence of those witnesses. In cross-examination he stated that he himself did not arrest the appellant. At the time of search he was sitting in that transport. He categorically stated that the witnesses put their signatures on the seizure list, prepared at the place of o......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)
....ishment of an independent commission for the purpose of development and efficient regulations of telecommunication system and telecommunications service in Bangladesh and for the transfer of the powers and functions of the Ministry of post and telecommunication to the Commission and matters anc......the constitution 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&rsq......Rule Nisi was issued on an application under Article 102(2) (a)(ii) of the Constitution of the People's Republic of Bangladesh registered by the petitioner Orascom Telecom Bangladesh Limited calling upon the respondents to show cause as to why the decision of the Bangladesh Telecommuni...... for international incoming and outgoing calls. Further, by a letter dated 17-7-2006 BTRC revised the spectrum charges of the petitioner which was effective from 1-7-2006. 6. In pursuance of the meeting dated 29-9-2008 held between the Respondent No.1 and the Petitioner along with Grameen Phone..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....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 ......osed of. Lawyers Involved: Sarder Jinnat Ali, Senior Advocate with Md. Umber Ali, Advocate—For the Assessee-Applicant Md. Abdur Rahim Bhuiyan, DAG with Mahfuza Begum, Assistant Attorney-General—For IT Department. IT Reference Application No. 405 of 2009 With ......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 ...... and the same are audited and certified by the qualified chartered accountants and approved by the ministry of petroleum which thereafter accepted by the board of directors in the annual general meeting of the company, a copy of which was further filed to the register of the companies and ..Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5
Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)
....rejection of an application for pre-qualification but the said Review. Rule 60(3) of Ka, Kha, GA, Gha of Public Procurement Rules, 2008 As per the above mentioned rules, a Review Panel is empowered only to advice or recommend the purchasing entity inasmuch as the relevant law and rules pro......012 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 for a particular project of any purchasing entity. Any company......ry Nos.1 and 2, in which BTCL raised questions regarding the registration of the firm as well as the certified copy of the Articles of Association the latter, vide letter dated 3-8-2011, categorically stated that all the submitted documents were properly signed by competent persons and, further......ication, vide Memo No.14.006. 027.00.00.066.2011-67 dated 18-3-2012 categorically asked the BTCL to execute the order passed by the said Review Panel. Further, BTCL itself, in its 70th and 72 nd meeting decided to execute the order of the concerned Ministry but for reasons best known to it, no ..Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10
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