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Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... application is allowed. The Companies Act, 1994 (XVIII of 1994) Section 43(3) In accordance with the provisions of sub-section 3 of section 43 of the Companies Act, 1994 the court has power to ascertain the title of the parties in respect of their disputed shares…........ (9) ...... Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......ers and to pass necessary orders accordingly. 5. Learned Advocate Mr. Moksedul Islam appearing for the respondent No.3, in his argument, reiterated the facts as recorded herein before and emphafically submits that there is no clear documents to ascertain the title in respect of the disputed sha...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ...... Mere delay in recording the statements of the prosecution witness under section 161 of the Code of Criminal procedure cannot be considered fatal if the evidence adduced by them in court appears to be credible after sifting................................(13) Lawyers Involved: Md. Naw...... as material exhibit cannot make its case doubtful. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. ......iation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 95. ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 7
Shahjahan Khalifa and others Vs. State, 2012, 41 CLC (AD)
....ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ......an Khalifa and others..........Petitioners Vs. The State......................................Respondent Judgment August 6, 2012. Result: The criminal petition for leave to appeal is dismissed. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petiti...... as material exhibit cannot make its case doubtful. 18. The findings arrived at and the decision made by the High Court Division having been made on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. ......ade on proper appreciation of laws and facts do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 6 Aug, 2012 | Hits: 113
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
........Respondent Judgment August 2, 2012. Result: The petition is disposed of. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an ......o. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so as to seek redress of grievances for which n......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....s own contents, and all derivate proof is rejected until its absence is accounted for. If objection to the admission of secondary evidence is taken at the time of its production, it may be within the power of the party tendering the evidence to correct the irregularity and prove the original, or to ...... Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar Vs. King Emperor, AIR 1940 PC 176; B......he High Court Division under sections 302/109 and 120B of the Penal Code for the murder Jibran Tayyabi (Jibran) by setting-aside the judgment and order of acquittal passed by the trial Court has been called in question on the ground that there is no legal evidence in support of the charges. 3. ......action of confessions apart from the above contradictions, the learned Additional Attorney-General relented and then submitted that he would meet the point later on but concluded his argument without meeting the Court's query. 78. Oral or written statements made by persons not called as wit..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
..... All or every default on the part of the Government or a public authority is not immune from interference. No person shall, overtake the limits and similarly, the High Court Division does not have power to take cognizance of any petition which trespasses into the areas which is reserved to the e......han and others………………….......Respondents Judgment August 1, 2012. Result: The appeals are allowed. Public Interest Litigations (PILs) when to prefer The filing of PIL petition is essentially meant to protect basic human rights of t......ature of Public Interest Litigation (PIL) ATM Afzal, J in Dr. Mohiuddin Farooque Vs. Bangladesh, 49 DLR (AD) 1 observed: "A person pleading sufficient interest may be able to cross, what is called the threshold stage on the averments made in th6 writ petition but it will always remain ope......should have possessed "contemporaneous documents to show that the international market price of a particular item of import or export has either gone up or down during the interim between the last meeting of the committee and the impugned committee". These observations are obiter dictum in view ..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....perusal of the provisions of Order VII, rule 7 of the Code of Civil Procedure it appears that the plaintiff in filing a suit should seek relief specifically in the plaint and the court is also empowered to grant any relief as it thinks fit to the same extent as if it has been asked for. Upon ca...... Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same ...............Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be nece......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
....en 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 the respondents. He next submits that the Respondent No.2 is trying to form exits of 2......upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......hy;management as regards the affairs of the company, either by majority of the members or by the directors of the company. This jurisdiction, conferred by section 233 of the Act, thus practically negotiates the rule founded in Foss Vs. Harbottle (1843) 2 Hare 461. This rule, which has two ...... 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 general meetings may, by ordinary resolution, ratify what has been done. In those circumstances the court wi..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....f these writ petitions are as follows: 5. The petitioner is doing the business of generating and selling of electricity on rental basis or under IPP, BOO & EOT basis by setting by power plant in Bangladesh. The Government of Bangladesh in order to meet the electricity crisi......er Vs. People's Republic of Bangladesh and others...............Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Ka......J. - Since in these Writ Petitions there involved a common question of fact and law, those are heard and disposed of by this judgment. 2. In Writ Petition No. 3 877 of 2009 Rule was issued calling upon the respondents to show cause as to why the deduction of Advance Income Tax (AIT) @ 4% ......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 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....bsp; Result: This petition is disposed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be......bsp; Result: This petition is disposed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It follows, therefore, that such court or tribunal may be acting with......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ......ll follow the settled statement of law. The impugned order is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 81. ..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
....hman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State and another, 62 DLR (AD) 233; Faridul Alam Vs. State, 61 DLR (AD) 93; Kamrul Islam (Md.) Vs. Atikuzzaman, 9 DLR 258; Mst. Nahida Sultana Vs. M power of the High Court Division. Lawyers Involved: Nirmalendu Dev, Advocate—For the......ip;………………………….Opposite parties Judgment July 25, 2012 Result: The Rule is made absolute. Cases Referred to- Latifa Akter and others Vs. the State and another, 7 BLT(AD) 282; Md. Shamsuddin alias Lamb......mdash;For the State Criminal Misc. Case No.5606 of 2004 Judgment Borhanuddin J. — On an application under Section 561A of the Code of Criminal Procedure this Rule has been issued calling upon the opposite parties to show cause as to why the proceeding of C.R Case No.218 of 2002,...... 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 ..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)
....ner (Revenue) dismissing Miscellaneous Appeal No.18 of 2005 filed by the plaintiff. Exhibit 'Ja-1' is Miscellaneous Appeal No.18 of 2005 filed by the plaintiff and exhibt 'Jha' is the power of attorney. 19. The cause of action as shown for filing that suit shown against the deci......plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran Krishna Sing Bahadur, Mah...... learned Advocates of both the parties, Exhibits filed by the parties and depositions of the witnesses. 13. On the submissions of the learned Advocates and materials on record two questions calls for determinations, i) whether plaintiffs' acquired title in the suit property by pur......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. ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....and firm believer in the rule of law and constitutionalism. He is keen to ensure that the tenets of the Constitution of Bangladesh are strictly adhered to, particularly, the doctrine of separation of power as enshrined in the Constitution so that there is no transgression by one organ into the domai......e and Parliamentary Affairs and others..................................… Respondents Judgment July 24, 2012. Result: The petition is decided with few observations. Cases Referred to- Farooq Ahmed Khan Leghari Vs. Federation of Pakistan, PLD 1999 SC. 57, Ministry of Finance V......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......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: ..Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....stitution, the President purportedly elevated one of the Joint Secretaries, named Aleya Ferdousi to the General Secretary’s position although it is only the full Executive Committee that has been empowered by the constitution to do this. Although clause 9 of the constitution ordains that the Gener...... Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.663 of 2010. (From the judgment and order dated the 10th day of March, 2010 passed b......ction of the said Federation held on 23rd December, 2008 to have been issued without lawful authority and is of no legal effect. The petitioners also sought a direction upon writ-respondent No.3 to recall/cancel the said notification and for holding election of the Federation in accordance with its ......f land of Rajuk conveyed to it for a token price in the capital city’s most coveted and expensive Gulshan area. The Federation has a constitution of its own which was approved at its annual general meeting dated 16-17th July, 1999, and finalised in accordance with the contents figured in the Natio..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....of 1961, the executive committee of any organization could be suspended and an ad-hoc committee could be formed and as per section 9(3) of the said ordinance the said ad-hoc committee would have power to run the organization. That since four members of the previous committee of Banach..................Petitioner Vs. Fazilatunnesa and other...................Respondents Judgment July 15, 2012. Result: The petition dismissed. Cases Referred to- The petition it is dismissed. Lawyers Involved: Sigma Huda, Advocate instructed b......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. ...... of General, Executive and Advisory Committees. But there was no provision for formation of any ad-hoc committee under that constitution. The General Secretary was authorised to convene any meeting. But on 14-6-1992 the District Women's Affairs officer most illegally convened an e..Category: Others | Date: 15 Jul, 2012 | Hits: 6
....d in terms of the Rule issued in this matter.
8. This Court, being a Court of record, article 108 of the Constitution of the Peoples Republic of Bangladesh has conferred upon this Court the power to make order for investigation as well as to punish for contempt of this Court. This power is......ddique Wali Chartered Accountant and Receiver of Marsu Ltd........................Respondent-Contemner
Judgment
July 10, 2012.
Result:
The Rule is disposed of.
Cases Referred to-
Pakistan, Ministry of Law Vs. Judges of West Pakistan, Lahore, 16 DLR (SC) 535; Raizuddin K......not a helpless machinery and that this Court is not only a Court to administer justice, but is the judicial organ of the state and exercising sovereign judicial power of the state as specifically conferred upon it and as the guardian of the constitution.
12. Then looking back to the l......is acquitted from the charges brought against him.
The Rule is disposed of accordingly.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 237
..
Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....ve mentioned provisions of the Ain, 2003. In the context, we feel it necessary to reiterate the statement of law that when there is an alternative forum provided by a Statute, here the Ain, 2003, the power of Judicial review under article 102 of the Constitution of the People’s Republic of Banglad......cate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.605 of 2010. (From the judgment and order dated the 11th day of March, 2010 passed ......rd Mr. Mahammad Ali Akand, learned Advocate for the petitioner and Mr. Awlad Ali, learned Advocate for the respondent. 7. In the writ petition as well as in the leave petition, it has been specifically stated that against the judgment and order dated 24.11.2008 passed by the learned District Jud......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....n rightly held so. 19. In the context, we are constrained to observe that before issuing Rule on an application under article 102 of the Constitution, it is the duty of the Court exercising the power of judicial review to see that in filing the application, the relevant rules of High Court Div...... Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 2208 of 2011. (From the judgment and order dated the 16th day of May, 2011 passed...... of article 102 of the Constitution of the People’s Republic of Bangladesh (the Constitution). 4. In the prayer of the writ petition, Rule was prayed for only against the District Judge, Dhaka calling upon him to show cause as to why the order dated 22.10.2009 dismissing Summary Suit No.16 of...... 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. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)
....xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ...................Petitioner Vs. Labour Appellate Tribunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundation Karmachari Union (proposed),......BLL(Appeal) Case No.199 of 2010 rejecting an application for addition of party filed by the petitioner for being added as respondent No. 2 in the said BLL Case No. 199 of 2010 and the Rule was issued calling upon the respondents to show cause why the said judgment and order of affirmance passed by t......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ons for Working of Chittagong Port (Cargo and Container), 2001, as contained in the notification bearing SRO No.266-Ain/2007 dated 27.11.2007 (Annexure-A), framed by respondent No.1 in exercise of power as provided under section 52(1) of the Chittagong Port Authority Ordinance,1976, substituting......on 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 Chittagong Port (C...... 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......ted security deposits to the respondent No.1 for operating as Stevedores/ Shore Handling Contractors (Annexures-B-B(4) respectively). 9. On 07.05.2007(Annexure-C), the respondent No.1 held a meeting presided over by the then Task Force Commander which was attended by, amongst others, the P..Category: Others | Date: 21 Jun, 2012 | Hits: 20
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