Search Options
Judgment Advanced Search
Displaying 241-260 of 3812 results.
....39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......risdiction under this Act shall be the High Court Division provided that the Government may, by notification in the Official Gazette and subject to such restrictions and conditions as it thinks fit empower any District Court to exercise all or any of the jurisdiction by this Act conferred upon the C......lam Chowdhury J
KM Kamrul Kader J
AHM Kamruzzaman Khan………………………….....Plaintiff-Appellant
Vs.
Register, Joint Stock Companies & Firms 24-25 Dilkusha C/A, Dhaka and other …................Defendant-Res......ict Judge had no jurisdiction to entertain the suit as the reliefs claimed therein were in substance for reliefs under the provision of section 43 of the Companies Act and these reliefs could only be granted by the High Court Division under Rule 9 of the Companies Rules, 2000, which alone had exclus..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......the plaintiffs is the defence case in the other suit and vice versa. Rokeya Begum is the admitted owner of the suit land, who instiÂtuted earlier suit seeking the above declaÂration. She executed a power of attorney in favour of Zakir Hossain not for sale of the suit property but for realizing ren......ocate, instructÂed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In both the cases). For Respondent No.2-9 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos.1023-24 of 2010 (From the judgment and order dated 25.8.2009 passed by the High C......ave perused the judgments and other materials on record and on considerÂation of the facts and circumstances of the matter, we find merit in the submission of Mr. Mahbubey Alam. Leave is, therefore, granted to consider the additional grounds as under: "I. Because the trial Court having found t..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......yal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession by power of attorney to plaintiff, Arman Ali Sarker exchanged the entire land and by giving delivery of.....................Defendant-Respondents Judgment March 18, 2012. Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR ......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
.... in relation to the petitionÂer Let a copy of the Judgment be sent to the conÂcerned Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 467. ...... Rabeya Khanam……………………….Petitioner Vs. State………………………Opposite Parties Judgment March 15, 2012. Result: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A...... Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither secÂtion does invest the Court with any new power. The powe......ust be exercised very sparingly cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court………………………………(15) Interference even at an ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
....gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......es;
(h) advise the Government on proposals to grant the right to confer special degree-awarding status on college which may be considered suitable for such status; ,
(i) exercise such other powers and perform such other functions as may be conferred on it by any law or by the Government
......
Md. Harun-or-Rashid—For the Respondents No.8 & 9.
Writ Petition No.10913 of 2011.
Judgment
Md. Khurshid Alam Sarkar J. - This Rule has been calling upon the respondents to show cause as to why the impugned Memo No.UGC/Admin/paboishwa/402(Tadanto)/08/8 200 dated 25-10-2......ulate plans for the development of such education;
(b) determine the financial needs of the Universities;
(c) Receive funds from the Government and allocate and disburse, out of such funds, grants to the Universities for their maintenance and development;
(d) e..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......ioners.
Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1.
Not represented-For Respondent Nos.2-8.
Civil Petition for Leave to Appeal No.1520 of 2011
(From the judgment and order dated 15.3.2011 passed by the High Cour......f Bangladesh Limited (IPDC) and another..................Petitioners
Vs.
Mrs. Mohsina Rahman and others............Respondents
Judgment
March 12, 2012.
Result:
Leave is granted.
Lawyers Involved:
Mahmudul Islam, Senior Advocate, instructed by Md. Taufique Hos..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ...... The appeal is dismissed. Civil Rule No.1022 (F) of 2005 is discharged. The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served&...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
....38(1) empowers the trial Court to punish with imprisonment for a maximum period of one year, or with fine which may extend to thrice the amount of the cheque or both. The powers given to the Court is discretionary. The language used in the section is not such that the Court must impose fine thrice t......ces of fine suo moto in the absence of filing revision petitions by the complainant. The petitioner was convicted in the cases pursuant to complaints made by the complainant. Section 417A empowers the complainant to prefer appeal to the appellate Court against the sentence on the grou......llip;………………….......Respondent (In at the cases) Judgment March 12, 2012. Result: The petitions are disposed of. Case Referred to- Ramashraya Chakrabarty Vs. State of MP AIR 1976 SC 392. Lawyers Involved: Chowdhu...... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... of the Respondent No.2 in the supplementary affidavit in opposition, Mr. Murshid has raised objection in respect of Proposal Nos. 3 and 6 and thereby submits that if the Biman authority is given a discretionary power to upgrade the passengers at their choice at the check in point then again, in ...... of the luggage, from time to time, in all the airports in order to stop illegal earning from the luggage. iv) to organize on line ticket booking system by the Biman. v) to form a high power committee to monitor all purchase and expenditure of the Biman and empower the said committee......r Rahman, advocates-for the respondent No.2. Writ Petition No.10027 of 2011. Judgment Mirza Hussain Haider J. - The petitioner obtained this Rule Nisi calling upon the respondents to show cause as to why the decision to automatically upgrade the high profile state dignitaries, s...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
.... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......te the company to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. Mohammad Hedayet Hossain, further submits that the general power to borrow by the company was already provided in the memorandum of association under object s......is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......t the said benefit of absorption……………………(20) Lawyers Involved: K.M. Hafizul Alam, Advocate - For the Petitioner Nos.2, 3 and 6. Shafiul Basher Bhandery, Deputy Attorney-General - For the State. Khurshid Alam Khan, Advocate - For the ACC. Crimin......of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....riminal Revision No.54 of 1996 is set-aside and quashed. The order of stay granted at the time of issuance the Rule is hereby vacated. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 483. ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Opposite-Party Judgment March 4, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under......nherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically menÂtioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court a......in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which are in the nature of extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court…………………………….(15) In exercise of the power u..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)
....cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......the case by their respective evidence. The learned Judge rightly passed the judgment and order of conviction and sentence. There is nothing to interfere with by this Court in exercise of its inherent power under section 561A of the Code. 14. We have considered the submissions of learned Assista......ite Party Judgment February 29, 2012. Result: The Rule is made absolute. Lawyers Involved: No one appears - For the Petitioner. Mrs. Syeda Rabia Begum, Assistant Attorney General- For the Opposite Party. Criminal Miscellaneous Case No.10245 of 2005. Judg......cquitted of the charge and be set at liberty forthwith, if otherwise not wanted. Send down the lower Court's record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168
Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ......is petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent se......nt lease of the land in question in accordance with law. This leave petition is thus disposed of with the above observation and direction. Ed. This Case is also Reported in:9 ADC (2012) 674. ..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ......ult: This petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under sec......Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the harassÂment of the parties to the litigation and......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)
....dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73 ......ch however in the present Act is a mandatory one. In the case reported in 37 DLR (AD) 1. The Court held as follows; "From the provisions of this section it appears that the Court has been empowered to grant interest form the date of the suit to the date of the decree and then on the full a......ique J Sonali Bank…………………………………………….Appellants Vs. Habib Medical Store and Others………………. Respondent Judgment Febru......in the present Act is a mandatory one. In the case reported in 37 DLR (AD) 1. The Court held as follows; "From the provisions of this section it appears that the Court has been empowered to grant interest form the date of the suit to the date of the decree and then on the full amount which..Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
......e MCF for 2008 assignment) as this is the mandate of Rule 18(ঙ) of the VAT Rules, 1991.
6. BTRC, on the other hand, contends that the Guidelines having been issued in exercise of the statutory powers conferred on it and the Government under the provisions of the Telecom Act, it has legal forc......iginal Jurisdiction)
Present:
Farid Ahmed J
Sheikh Hassan Arif J
Grameen Phone Ltd...............................Petitioner
Vs.
Bangladesh Telecommunication Regulatory Commission (BTRC) and others……...............Respondents
Judgment
......ear terms, stipulated that their would be no additional charges for the said assignment at the time of renewal of the licence. Therefore, they argue, the application of MCF in respect of the spectrum granted in 2008 is without lawful authority. According to them Grameen Phone has no objection to pay..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......the original 2nd proviso and as a result, the 2nd proviso was relegated to the 3rd proviso. The 1st proviso, in essence, provides that where there is a higher administrative authority having the power to set aside, vary or modify an order, decision or action to be challenged before the Administ......cretary, Ministry of Agriculture and others..........................................Respondents Judgment February 9, 2012. Result: The Petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. R (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 100......ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......e rather the situation unmistakably manifested that the compromise placed before this Court was obtained by duress upon exerting undue influence upon the respondents but having left with no power of resistance to such aggression upon their legitimate right of inheritance over the property ......mp; Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramo...... position to appear before the Court, the appellant could have engaged any other advocate to represent their case before this Court and in the event of engagement of a new Advocate we could have granted adjournment for his preparation. Therefore, we had reason to believe that the appellant..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....39; is a vehicle which is being used by the courts for giving such relief as is required in a given case but it should be sparingly exercised. There is no doubt that the Court is reposed with a wider discretionary power under this principle to do justice in a given case but it must be kept in mind t......version of the Conviction There is no scope on the part of the High Court Division to alter the conviction of the appellant The High Court Division is expected to be careful while exercising its power on the question of conversion of the conviction of any accused. Since the state has taken no e......... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of th......Vs. State of UP, AIR 1973 SC 947, Jagmohan was convicted under section 302 for murder and sentenced to death by the trial court which sentence was confirmed by the Allahabad High Court. The leave was granted only to consider the question of sentence. The Supreme Court noticed the change of law ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
82657964878682338793873786717128855386468471818074398187818696988826696689609052