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MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur……………………………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result......en­eral meetings and the meetings of the board of direc­tors and to alter the provisions of Article 14 and 16, respectively, of the Articles of Association of the respondent 5 company, by following proper proce­dure to be followed for effecting such alteration as per law. They shall also file cop...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..

Category: Company Law | Date: | Hits: 129

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......ment of Bangladesh. He is a freedom fighter and he was the President of District Unit of Jatio Party, Pabna. He had in his possession one pistol and one gun for which licences were duly issued by the proper authority on terms which were never violated by the petitioner nor were the licences misused.......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..

Category: Criminal Law | Date: | Hits: 77

National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......inding; that the trial Court without appreciating Section 176 of the Contract Act passed the impugned Judgment and he further submits that before auction sale the notice was served upon the defendant properly and there­after tender notice was published in two daily news­papers but the defendant fu......nt December 12, 2010. Result: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repe..

Category: Civil Law | Date: | Hits: 106

Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....esented for registration, because after execution of the deed the office was closed. Subsequently the grand moth­er Soleman Nessa became ill and ultimately died on 4-5-1986. However the transfer was completed by way of delivery of the Ewaz and delivery of posses­sion of the land. But registration ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a transfer takes place from the owner of a property to the transferee for some consideration, which is not exactly the price in the traditional......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)

....al evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied by the defendant. In the instant case there is complete failure on the part of the plaintiff to prove the alleged 'Kabinnama' according to law. Thi...... Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the par­ties in the 'Kabinnama' are essential for proving mar......1/- to half of the aforesaid as Dower Money and to pay Tk. 1500/- per month as maintenance should not be set aside and / or such other or further order orders passed as to this court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus: 3. The plaintiff- ......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ..

Category: Family Law | Date: | Hits: 140

Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)

....statute are clear and unambiguous, they should be constructed according to their tenor and meaning inasmuch as, that reflects the intent and purpose of a legislation; it is only when the meaning is incomplete or ambiguous that it is possible to construe it in a way to remove absurdity so as to give ......€¦â€¦â€¦â€¦.Opposite-Party Judgment April 18, 2012. Result: The Rule is made absolute. The Mobile Court Ain, 2009 (Act No. LIX of 2009) The Mobile Court Ain, 2009 is a special law and an over­riding law. From a combined reading of the provisions of section 4 and section 6(1), it......aka 2,000 in default, to suffer simple imprison­ment for a further period of 1 (one) month should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be briefly stated as follow...... Let the records of the Mobile Court along with a copy of this Judgment be sent down at once for information and necessary guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 257. ..

Category: Criminal Law | Date: | Hits: 81

Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)

....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-respon­dent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ......f 1985, decreeing he suit, should not be set aside and or pass such other order suit, should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 31.07.1985, the petitioner as plaintiff i......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ..

Category: Procedural Law | Date: | Hits: 114

State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)

....i Sikder and another Vs. The State, 43 DLR (AD) 95 where it has been held that conviction of the appellants can safely be based on the solitary evidence of the eyewitness P.W.1. His evidence is full, complete and self-contained. It may not have received corroboration from other witnesses, but it sta...... (2010) 138. ......ther. Deceased Kashem, Bashor and Badsha are the sons of his 3rd mother. Kashem who 45 years old and only Bashor was married, other two deceaseds were unmarried. They have about 5/6 Kanis of paternal properties and the said property was not divided. He also stated that 1st wife of his father him 2 s......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..

Category: Criminal Law | Date: | Hits: 89

Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)

....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... Senior Assistant Judge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule operation of the impugned judgment and decree date......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..

Category: Procedural Law | Date: | Hits: 99

Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)

.... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......e. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ...... time gives an opportunity to the court to admin­ister justice in accordance with fundamen­tal principles of criminal justice. It is emi­nent that it is the duty of the court to ques­tion accused properly and fairly for bring­ing home to his mind in clear and simple language the exact case he h...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ..

Category: Criminal Law | Date: | Hits: 84

Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)

....ods; that there was exchange of firing for about 15 minutes before he was nabbed. 3. The informant, Inspector Sheikh Abdul Mannan himself, took up the investigation of the case and before he could complete the same he left the station on transfer and then some other officer namely Abu Bakar Siddi......l. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by construction of law.........and order dated 24-7-2005. 12. In the face of argument advanced by the learned Advocates of the contending parties, we are now called upon to scrutinise the material evidence in order to come to a proper decision in this appeal. 13. P.W. 1 Sheikh Abul Mannan, is the informant of the case, who ...... and sentence is hereby upheld. Send down the original case records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ..

Category: Criminal Law | Date: | Hits: 92

United Mineral Water and PET Industries Ltd. Vs. Commissioner, Customs, Excise and VAT Commissionerate and others, 2007, 36 CLC (HCD)

....05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ...... Reported in:61 DLR (HCD) (2009) 734. ...... of Taka 14, 25, 89,149. 11. By the notice, said respondent asked the petitioner to show cause within seven days of receipt as to why a demand for said amount of evaded VAT would not be issued and proper actions under the law and rules would not be taken. By the same notice, he also asked the pet......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 734. ..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....nt time, and that the respondent No. 8 submitted its proposal dated 29­-12‑1997 to the Secretary, Ministry of Shipping, and the same was duly processed and that the Ministry of Shipping received a complete proposal from the respondent No. 8 in two(2) volumes, one volume under the caption "SSA Ban......e is also Reported in:55 DLR (2003) 171. ......e with law and in the public interest and if any action of the government official is challenged, the challenger is required to prove such allegations………………………….(18) The State property may be in the form of legal right and in the nature of privilege. The government largesse k......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

.... of the tax as was required under section 158(2) of the Ordinance. 5. On or about 24.05.2001 the petitioner made an application before the member (tax waiver and exemption), the Board at Dhaka for complete waiver from payment of the requisite tax under section 158(2) of the Ordinance. By the impu......f Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka represented by its Chairman, Segunbagicha, Dhaka and another…………………………Respondents Judgment February 12, 2008. Result: ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)

....to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......on (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Md. Abul Basher………………………Petitioner Vs. The Judge, First Artha Rin Adalat, Chittagong and others………………….Respondents Judgment May 6, 2008. Result: The Rule is di......he other hand, Mr. Md. Faruk Hossain, the learned Advocate appearing on behalf of the respondent No.2, Bangladesh Krishi Bank, supports the impugned order, which was, according to him just, right and proper. He submits that section 37(1) of the Ain, 2003 provides a time frame for disposal of the exe......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..

Category: Civil Law | Date: | Hits: 136

Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)

.... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......eported in: 13 MLR (HCD) (2008) 410. ......ficer and the learned Magistrate who recorded the statements under section 164 of the Code of Criminal Procedure were not examined in the case. These two important witnesses were withheld without any proper explanation. It further appears that the FIR story regarding confinement of the accused was d...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..

Category: Criminal Law | Date: | Hits: 86

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ......n (Civil Revisional Jurisdiction)        Present: Salma Masud Chowdhury J Chairman, Bangladesh Water Development Board, Paridaptar, WAPDA Bhaban, Dhaka and others…………………Petitioners Vs. Md. Abdur Rahman and another………………â......ated 26.9.2000 passed by the Assistant Judge, Sadar, Kurigram in Other Suit No.35 of 1999 should not be set aside and or such other or further order or orders passed as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff filed other Suit No.35 of 1999 in the Court of Assist......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ..

Category: Employment/Service Law | Date: | Hits: 166

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,......of the suit plot and in this way plaintiff and defendants have been living there in respective portion of the suit plot. That from the very beginning the defendants were trying to enter into the suit property of the plaintiff illegally and forcibly by breaking the thatched Fencing and accordingly on......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..

Category: Civil Law | Date: | Hits: 94

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Resu......of 2000 arising out of Louhajang P.S. Case No.10(6)99 under Section 19(f) of the Arms Act should not be quashed and/or such other or further order or orders passed as to this Court might deem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:-One Md. Akbor Hossain...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 are allowed in part. The Criminal Appeal a......hhu, the accom­panying members of the informant. At that stage of the occurrence ATM Nurul Islam Chowdhury, another member of the accompanying party of the informant in order to save their lives and property made gunshots causing bullet injuries at least on 2 dacoits. Noor Ahmed son of late Akbar A......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158