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Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......ellaneous Case No.4266 of 2009. Judgment Quazi Reza-ul Hoque J.- On an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 of 2008 dated 15-12-2008 under Sec......Party No.2. Criminal Miscellaneous Case No.4266 of 2009. Judgment Quazi Reza-ul Hoque J.- On an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 ......nto an arrangement to constitute the future Board of Directors and for the management of theBank on 12-8-2004, nineteen (19) Directors of the Bank including the complainant-opposite-party No.2 held a meeting at the Board Room of the Bank and signed a Memorandum of Understanding (MoU) which contained..

Category: Criminal Law | Date: | Hits: 100

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

....21. The Role of High Court Division is to see whether things are done rightly. High Court Division by its inherent jurisdiction can impart justice and can also eliminate injustice. This Division is empowered to see whether the charge against the accused petitioner has framed rightly or not under sec......�………….Petitioner Vs. State and another…………………………………Opposite-parties Judgment December 9, 2010. Result: The Rule is made absolute. Cases Referred to- 11 DLR (SC) 394; Reazuddin Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 12......etermining cases under section 439, the High Court discharges its statutory function of supervising the administration of justice on the Criminal side. 23. The High Court Division may suo motu call for the record of the Court s subordinate to it and set aside any order passed by such Courts i......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..

Category: Criminal Law | Date: | Hits: 99

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

....cification treating it as minor deviation. The malafidiry of the Tender evaluation committee is further apparent from their resolution making M/s ELENOS responsive. This bidder which offered only two power module in place of minimum 6 and did not mention VS.W.R. Besides they did not supply certifi......his Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ents. Writ Petition No.3586 of 2008. Judgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....point the learned Attorney‑General referred to the provisions of sections 225 and 227 of the Cr.P.C. as well as sections 8, 9 and 30 of the Evidence Act and further submitted that in exercising its powers of revision under section 439 Cr.P.C. the High Court Division cannot assume the powers of a C......tioner Vs. State, represented by the Deputy Commissioner, Dhaka………………………Opposite Party Judgment June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997)......ing her arrested in connection with the arm case being Gulshan P.S. case No.9(11)96. On the prayer of the police the CMM granted 5 days' police remand during which the petitioner was unbearably, physically and mentally tortured in an uncivilised and brutal manner due to which she was taken to Rajarb......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and Appellants. Golam Kibria, Deputy Attorney-General with Moklesur Rahman Zahid, Assistant Attorney-General - For the State. Death Refe......ith condemned prisoner Seema Begum, his sister-in-law and co-accused Moiful Bibi alias Saiera his Nani Shashuri. In the night at about 11/12 on 14.10.1996 on Sunday the condemned prisoner Seema Begum called her son deceased Delowar and took him in the house of Humayun. His son deceased Delowar did n......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..

Category: Criminal Law | Date: | Hits: 94

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)

....ut out at this stage before framing of the charge by telling that his remedy lies in a civil suit. 12. It is now well settled that the High Court Division of the Supreme Court has the inherent power to pass any necessary order to prevent abuse of process of any Court or otherwise to secur......��………………Accused-Petitioner Vs. The State and another……………………Opposite Parties Judgment August 3, 2009. Result: The Rule is discharged. Cases Referred to- Khijir Haider and others Vs. The State, 13 MLR (AD) (2008) 157; Nazrul Islam Vs. The State, 1......Karim, Advocate - For the Opposite Party No.2. Criminal Miscellaneous Case No.16495 of 2007. Judgment Afzal Hossain Ahmed J.- This Rule, at the instance of the accused-petitioner, was issued calling upon the opposite parties to show cause as to why the proceedings of G.R. Case No.65 of 2007......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....L.J. is thus: “I think that there may well be oppression from the point of view of member-directors where a majority shareholder (that is to say, a shareholder with a preponderance of voting power) proceeds, on the strength of his control, to act contrary to the decisions of, or without the......he same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......act of the AGMs for the years 2006 and 2007 not being held. In this regard, the Petitioners point at not only the primary responsibility of the respondents as directors, under the circumstances, to call the AGMs enabling all shareholders to scrutinize in particular the revised audit reports, but...... directors and may not be treated as one dealing with the interests of minority shareholders. The Affidavit-in-Opposition on behalf of the Respondent Nos.1 and 2, in particular, refers to a number of meetings of the BOD, as well as Extraordinary General Meetings, as being in evidence of the fact of ..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....authority of the petitioner can not pass such an order dismissing the petitioner from the service. Mr. Chowdhury further submits that the appointing authority in no circumstances can delegate the power of dismissing the petitioner from the service to an officer lower in rank than the Board of ...... Officer [PSO] of the River Research Institute, 37, North Road, Dhanmondi, Dhaka 1205…………………………………Petitioner Vs. The River Research Institute represented by the Director General Harukandi, Faridpur District-Faridpur and others………………………………�......s. Nasima Afsar - For the petitioner. Chowdhury Sanwar Ali - For the respondent No.1. Writ Petition No.7462 of 2002. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting t......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ..

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

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....he n sent Rule. 3. Syed Badrul Alam, the learned Advocate appearing for the plaintiff‑petitioner, seriously assails the impugned order of the learned Munsif (now Assistant Judge) He submits that power under Order 6 rule 17 of the Code of Civil Procedure is very wide and should be exercised leni......i J Abdus Salam................Appellant Vs. Korban Ali and another..................Respondents Judgment February 19, 1992. Result: The Rule is made absolute. Cases Referred to- MA Jahangir and another Vs. Abdul Makk and others, 41 DLR 389; Nuruddin Ahmed Vs. Zafarullah ......9. Judgment Muhammad Ansar Ali J.- This Rule was issued in pursuance of the application under section 115(1) of the Code of Civil Procedure of the plaintiff petitioner upon the opposite parties calling upon them to show cause as to why the prayer for amendment of the plaint should not be allow......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

....ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ................Appellant Vs. Sree Sree Ram Krishna Dev & ors.................Respondent Judgment July 18, 1993. Result: The First Miscellaneous Appeal is dismissed. Cases Referred to- Choumuhani College and another Vs. Md. Ismail Hossain and others, 26 DLR 10; 11 DLR 377; Tara......ia was thus a nullity and it was void ab‑initio. The alleged auction purchaser defendant Nos.1‑3 did not get actual delivery of the suit land. The plaintiff however claimed to know about the so‑called auction sale later on and then filed two Misc. Cases being No.528/73‑74 and 527n3‑74 befo......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

Category: Property Law | Date: | Hits: 113

Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)

.... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ......of 1998. Judgment AFM Abdur Rahman J.- This Admiralty Suit filed by the plaintiff Mizanur Rahman Khan against the defendant No.1 American Liner Systems, USA, the owner of the Vessel 'MV Vladivostok Senator’ V-747, represented by its Local Agent: Aquamarine Ltd., defendant No.(2) Aquamarine L......e same. The P.W.1 although in his examination-in-chief stated that the defendant's have not given the delivery of the cargo as the same was damaged, but in his examination-in-cross he has categorically admitted that the plaintiff has taken the delivery of the cargo on 26-1-1998 in the following ...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 693

Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)

..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. .......................Petitioners Vs. Md. Sirajul Islam.....................................Opposite Party Judgment January 18, 2009. Result: The Rule is made absolute. Cases Referred to- Noor Mohammad Khan and others Vs. Government of the People's Republic of Bangladesh and other......matullah, Advocate - For the petitioners. Mohammad Nazrul Islam, Advocate - For the opposite party. Civil Revision No.1674 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule calls in question the legality and propriety of the judgment and decree dated 22.01.2006 passed by t....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

Category: Civil Law | Date: | Hits: 181

M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)

.... as Paltan Police Station Case No.60 dated 28.01.2010 corresponding to G.R. Case No.60 of 2010. The case stated in the First Information Report in short, is that, the informant is an established manpower exporter and carrying on business in the name and style of M/S Winner Overseas. He went to S......an, District-Dhaka.................Accused-Petitioner Vs. The State.......................Opposite party Judgment May 26, 2011. Result: The Rule is made absolute. Cases Referred to- Nazurl Islam Vs. The State, 13 MLR (AD) 157 and 184; Ali Akkas Vs. Enayet Hossain and other......bsp; Criminal Miscellaneous Case No. 24031 of 2010. Judgment AKM Abdul Hakim J.- The Rule was issued on an application under Section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of the G.R Case No.60 of 2......ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ..

Category: Criminal Law | Date: | Hits: 104

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

....tion of the Indian Supreme Court in the case of Smt., Indira Gandhi V. Rajnarain reported in AIR 1975 (SC) 2299, as follows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideological aspirations of the peoples."......... 14. T......�…………………….Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racec...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....licating this petitioner is that she after the search of her house held a press conference wherein she alleged some unfair acts of the police personnel and also alleged something against the party in power and she also announced that she will hold another press conference on 3‑11‑96 and to frust......�………………………….Petitioner Vs. State……………………………….Opposite Party Judgment March 23, 1997. Result: The Rule is made absolute. Cases Referred to- Lutfun Nahar Begum Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader & ors Vs. the State, ......Rouf, Assistant Attorney‑General & Serajul Huq, Senior Advocate ‑ For the State. Criminal Miscellaneous Case No.552 of 1997. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause why pending disposal of GR Case No.2923 of......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ..

Category: Criminal Law | Date: | Hits: 82

Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)

....ding arrived at by the lower appellate Court which is a final Court of fact cannot be interfered by the High Court in it's jurisdiction under sections 100 and 115 of the C.P.C. i.e. in exercising the power in appeal as well as revision. In the present case the fact arrived at by the lower appellate ...............................Appellant Vs. Shubhadra Bachar & others..........................Respondent Judgment March 23, 1983. Result: The appeal is dismissed. Cases Referred to- 29 DLR pages 6 and 239; 21 DLR, page 673; 17 DLR page 729, 28 DLR page 421, 29 DLR (SC) 268; ...... the High Court will not interfere with the findings in Second Appeal”. 7. In the present case it appears that the learned lower appellate Court on consideration of material on record categorically found that the transfer in question was for legal necessity which finding being a finding of......n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ..

Category: Procedural Law | Date: | Hits: 81

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....f the District Board or the Government have not yet framed any rules governing the terms and conditions of service of the employee appointed under Works Programme then the appointing authority has no power to dismiss such employees without framing rules. In other words, Mr. B.B. Roy Choudhury invoke...... back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ...... the first order of transfer the learned Subordinate Judge held that the plaintiff was deputed to the post of Assistant Accountant as a measure of punishment. He was not heard nor any explanation was called for from him before such an order was passed. The post of Assistant Accountant, District Bo......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ...... Judgment January 27, 2011. Result: The Death Reference is accepted and the judgment and order of conviction and sentence of the trial court is hereby upheld and affirmed. Cases Referred to- Siddique Munshi Vs. State, 44 DLR (AD) 169; Gouranga Kumar Saha Vs. State, 2 BLC (AD) 126; Il......d Golam Sarwar Hossain Moilah as per Islamic Shariyat. Since after marriage, the husband, the father-in law, the mother-in-law and the sisters in law of Anika Shikder Lucky started torturing her physically and mentally. On 05.08.2001 having beaten up for dowry Anika Shikder was sent to her paternal ......h others came out and saw the door of the place of occurrence room closed from inside. The deceased committed suicide by hanging at about 5.00 p.m. The husband of victim was not at home who went to a meeting in the morning. Hearing about the occurrence the husband of the victim become senseless. Thi..

Category: Criminal Law | Date: | Hits: 97

Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)

....laintiff and Farid Ahmed would invest 40% money and the rest 60% would be invested by the pro-forma defendant Nos.2-7 and the defendant No.1. It is the further case of the plaintiff that by a deed of power of attorney deed dated 18.5.2003 the plaintiff was appointed to be the sole attorney. It is th......y with Ms. Badrun Nahar Begum Rosy-For the Opposite Party Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 28.6.2010 passed by the learned Additi......p; Saifuddin Ahmed Chowdhury with Ms. Badrun Nahar Begum Rosy-For the Opposite Party Nos.3-7. Civil Revision No.3909 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 2......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ..

Category: Civil Law | Date: | Hits: 115

Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)

.... built in a particular form and used for a particular purpose. In this case- the vessel, if she may be so called, was built for a particular purpose, she was built as a hoper-barge; she has no motive-power, no means of progression within herself. Towing alone will not conduct her, she must have a ru......................Plaintiff Vs. Niko Resources (Bangladesh) Ltd. and others................Defendant Judgment February 15, 2011. Result: The application is rejected. Cases Referred to- M/S. Saleha Still Industries Limited Vs. Tss Pacific Abeto' and others, 35 DLR (AD) 188; Polp...... Code of Civil Procedure, 1908 and submits that the portion of the decision which the learned senior Advocate Mr. Rokanuddin Mahmood relied upon is the minority view and the majority view categorically decided that the provision of Order 7 Rule 11 of the Civil Procedure Code, 1908 is not applica......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 649

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