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Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....sh; 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 by the Assistant Judge, 4th Court, Dhaka in Title Suit No. 321 of 1999 should......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. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....onstitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Ladin......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....opposite-parties to show cause as to why the impugned proceedings of Special Case No.16 of 2008 arising out of ACC GR Case No.12 of 2008 corresponding to Ramna Model Police Station Case No.19 of 2008 dated 10-01-2008 under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read wit......on examination of record and consultation with his legal counsel and from this standpoint, the impugned proceedings should be quashed. The learned Advocate in support of his contention, relied on the decision in the case of Anti-Corruption Commission Vs. Dr. Mohhiddin Khan Alamgir reported in 62 DLR..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)
....n as he notified the Company that he was unable to pay for 65 DLR (2013) Grameen Solutions Ltd Vs. Joi 39,600 issued shares; that subsequently, Mr. Zabir Husain informed the Company by an e-mail dated 10-1-2012 that due to personal reason he wished to withdraw his investment of Taka 4 crore mad...... in 2005 DLT 612 and I find that the following views were taken in that case, namely "(i) The question of reduction of share capital is treated as matter of domestic concern, i.e. it is the decision of the majority which prevails. (ii) If majority by special resolution decides to redu..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
.... moved in Court today should not be set aside and /or pass such other or further order or orders as to this court may seem fit and proper. 2. This Rule is directed against the judgment and decree dated 24.11.2005 (decree signed on 30.11.2005) in Title Appeal No.403 of 2003 passed by the learned ......rned Joint District Judge, Dhaka erroneously passed the impugned order without considering above matters and thereby the learned Appellate Court committed an error of law resulting in an error in the decision occasioning failure of justice, as such, the impugned judgment and order is liable to be se..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....business of the company shall be managed under the control and supervision of the Managing Director; that the petitioner has been appointed as Managing Director for a period of 5(five) years from the date of incorporation, as stated in Article 32, wherein it also has been mentioned that his rem......al misdeeds, but he has been continuing as a director as is evident from Form XII, dated 15-12-2011, (Annexure 15) to the affidavit-in-opposition. So, apparently this is not a case of removal and the decision was taken not from any motive to oppress the petitioner, rather on the basis of an specific..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....ition under Order I, rule 10 for adding them as defendants in the original suit. The learned Munsiff, Debigonj, after hearing both the parties allowed the petition under Order I, rule 10 by his order dated 27-1-1987 and directed to amend the plaint by adding opposite-parties No.1-6 as defendants in ......ing for hearing more then 26 years, that is why the same is taken up for disposal on merit. In this regards our apex Court decided the principal of disposal of the revisional application. 8. The decision in the case of Safaruddin Vs. Fazlul Haq, reported in 49 DLR (AD) 151 it has been observed ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....Appellants. Munsurul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For Respondent. Civil Appeal No.205 of 2007. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Writ Petition No.1633 of 2003) J......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: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.....10007 of 2011. Judgment Md. Khurshid Alam Sarkar J.- The Rule was issued calling upon the respondents to show cause as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian &nb......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....muda Begum, Advocate-on-Record—For Respondent No.3. None represented—For Respondent No.1. Criminal Petition for Leave to Appeal No.390 of 2011. (From the judgment and order dated the 14th day of July, 2011 passed by the High Court Division in Criminal Miscellaneous Case No......1 of 2005 is pending where liability of the petitioner will be determined and the issues being almost identical and same, in both the civil and the criminal case, there is every chance of conflicting decision if the criminal case is allowed to proceed; after-acceptance of the police report on 3-11-2..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
..........................(14) A proceeding can not be quashed on the ground of pre-maturity of the cause of action, even if the petition of complaint was filed before the expiry of 30 days from the date of the cause of action.............(37) Cases Referred to- Sarwar Hossain Moni Vs. St...... proceedings filed before expiry of 30 days from the date on which the cause of action arises is not tenable and sustainable in the eye of law. Learned Advocate for the petitioner has referred to the decisions decided in the cases of SM Anwar Hossain Vs. Shafiul Alam (Chand), 4 BLC (AD) 106 and Juba..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....edure, this Rule was issued calling upon the opposite-parties to show cause as to why the impugned proceeding of Special Case No.12 of 2008 arising out of Gulshan Police Station Case No.47(9) of 2007 dated 16-9-2007 corresponding to ACC GR No.99 of 2007 under section 26(2) and 27(1) of the Anti-Corr......ct, the learned Advocate has also referred to the case of MA Hasham Vs. State reported in 17 BLC 136 to show that a judgment has already been passed on the basis of the said ratio of the earlier case decision reported in 62 DLR (AD) 290. It is asserted further that notice under section 26 (1) of the..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....nt No.1 (In Civil Appeal No.108 of 2008). None Represented—For Respondent Nos.2-4. (In Civil Appeal No.108 of 2008) Civil Appeal Nos.105-108 of 2008. (From the judgment and order dated 7-3-2007 passed by the High Court Division in Writ Petition Nos.5590 and 5539 of 2004). J......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)
....that the Bank entered appearance in the suit oh 21-8-11 by filing Vokalatnama through its teamed Advocate and therefore no order of injunction was operative at the moment; certified copy of the order dated 18-8-2011 has been annexed as Annexure-C to the application; that the other grievance of the p......, a shareholder of the Bank holding 112 shares, filed Title Suit No.189 of 2011 in the Court of 7th Assistant Judge, Dhaka, Title Suit No.189 of 2011 claiming inter alia, that he was aggrieved by the decision of the board of directors of the bank to enhance its share capital by way of initial public..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
....sh;For the State. Criminal Appeal No. 4282 of 2609 Judgment Mr. Md. Abu Zafor Siddique J.— This appeal is directed against the judgment and order of conviction and sentence dated 17/06/2009 passed by the of Nari-O-Shishu Nirjatan Daman Tribunal, No.2, Pirojpur, in Nari-O-S......rpose of enabling him to explain any circumstance appearing in the evidence against him. But in the instant case no incriminating circumstance was put to the accused appellants” 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance o..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....l Appeal No.2871 of 2007. Judgment Syed Md. Ziaul Karim J. - By this appeal the appellant has challenged the legality and propriety of the judgment and order of conviction and sentence dated 20-6-2007 passed by learned Judge of Metropolitan Special Tribunal No.3, Dhaka, in Metro. Spec......d in the cases of Abdul Haq Vs. State 14 BLT 485, Fazu alias Fazlur Rahman Vs. State 1 BLC 558, Rekatfullah Vs. State 13 DLR 750. It is further held in the case reported in AIR 1921 (PC) 69, that the decision of the Court must rest upon legal ground established by legal testimony from th..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....e-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 18-9-1997 passed by the learned Additional Sessions-Judge (3) Special Court, Dinajpur in ......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)
....yeda Rabia Begum, Assistant Attorney-General—For the State. Criminal Appeal No.1326 of 2000. Judgment AKM Shahidul Huq J. - This appeal is directed against the judgment and order dated 23-5-2000 passed by the learned Special Tribunal No.3, Comilla in Special Tribunal Case No.186...... stating that they put their signatures on a white sheet of paper without the firearm being recovered in their presence, the learned Deputy Attorney-General has submitted that there is a long line of decisions of this apex court that an accused in an arms case could be convicted on the basis of unim..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
.... On an application under section 561A of the Code of Criminal Procedure and a rule was issued calling upon the opposite-party to show cause as to why the judgment and order of conviction and sentence dated 6-3-2008 passed by the learned Metropolitan Special Tribunal No.7, Dhaka in Special Tribunal C......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....h Telecommunication Regulatory Commission issued under the signature of Deputy Director, Legal and Licensing Division (Respondent No.4) vide Memo No.BTRC/LL/Mobile/License Renewal (382)/2011-688 dated 17-10-2011 (Annexure 'A') claiming Spectrum Assignment Fee based on Market Competition......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 Telecommunication Regulatory Commission issued under the signature o..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
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