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Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
....etitioners. In the above case in paragraph 9 and 10 it has been observed by the Appellate Division to the effects; 37. The power to quash a proceeding under this section being in its nature extraordinary, it should be exercised sparingly, carefully and only where such exercised sparingly, ...... preferably within 6(six) months from the date of the receipt of this judgment. Communicate the Judgment and order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 87. ......risdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission...............Opposite..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......tion under section 11(ক) of the Ain 2000 awarded upon the condemned-prisoner Md. Hasibul Hasan alias Loton is maintained. Sentence imposed upon him stands confirmed. Sentence shall be executed in terms of the Judgment passed in Nari-o-Shishu Nirjatan Daman Tribunal Case No.309 of 2004 and in acc......n (Md.)…………………………………Condemned-Prisoner Judgment November 21, 2011. Result: The Death Reference No.33 of 2006 is accepted. The Criminal Appeal No.2022 of 2006 and Jail Appeal No.341 of 2006 are dismissed. The Criminal Appeal No.1712 of 2006 is allowed. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
.... matter pending before it. In the case of Khandker Jillul Bari Vs. The State 2009 BIT (AD) 28 this Division held that it's exclusive power under Article 104 the Constitution applies as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and tha......ision Station of the appellant-company. 8. The writ respondent No.1 alone and the respondent Nos.3 and 4 jointly contested the Rule by filing two separate Affidavits-in-Opposition in identical terms denying the material allegations made in the petition stating, inter alia, that the writ pet......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.........Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tion notwithstanding non-filing of affidavit by reason of the fact that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ......eputy Attorney General-For the Respondents. Writ Petition No. 9988 of 2010. Judgement AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 05.12.2010 was in following terms: “Let a Rule Nisi be issued calling upon the Respondents to show cause as to why the i...... is also Reported in: ..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......he death reference is accepted. The concerned authority is directed to secure the arrest of the absconding convict Matiur Rahman @ Mati with utmost expedience and to execute the death sentence in the terms and conditions of the judgment and order under this reference. Let a copy of the judgment......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
.... we do not find an illegality in the impugned order. The appeal, having no merit, is dismissed. Send down the lower Court records. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......nal to examine such witnesses and record a finding on their statements towards accepting or refusing to accept the FRT. It has also the option, for ends of justice, to direct further investigation in terms of section 18 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 without undertaking any judicial i...... ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......mise petition filed by their predecessor with Paresh Nath Dey in Money Suit No.3 of 1964 on 7th June, 1971 admitting the execution of the contract for sale earlier in January, 1964 and that as per terms of the solenama, the defendant Paresh received Taka 2,000 towards the consideration money and......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ...... alive abroad in their respective countries. The P.W.1 stated that he executed an agreement of employment on 2.12.1999 with M/S. Commodity International Pte. Ltd. Singapore, fixing the salary and the terms of the employment; the service period was for twelve months to be completed by 1.12.2000 and t......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ...... petitioner firm on account of conducting audit on telecom operators in the last three years. Rather, we are of the view that BTRC willfully waived the said disqualification in clear violation of the terms of the tender notice. Further, just because the petitioner firm will not be able to participat......eported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ...... No.323 of 1999 wherein it was held that since the decision to revoke the facilities provided by the circular dated 11.08.1966 was not published in any gazette, such revocation would not affect the terms and conditions of the service given to the petitioner pursuant to the circular dated 11.08.1...... J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000..................................Appellant Vs. Md. Hanif and another...................Respondents Judgment August 14, 2011. Result: The ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... the High Court. 34. In State of Bihar Vs. JAC Saldanha (1980) 1 SCC 554, the Supreme Court of India approved its earlier opinions and observed that the Court disapproved the exercise of the extraordinary power of the High Courts in issuing prerogative writs quashing the prosecution sole......on to pass orders to secure the ends of justice and for that purpose the High Court is competent to entertain applications not provided by the Code. However, it must be clearly understood that the terms of section 561A of the Code do not extend the jurisdiction of the High Court to matters which...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...........................Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......them. All the appeals are allowed. The Rule is made absolute. It is settled Principle of law that a statement of an accused before a Judicial Magistrate would a confession, if it is in terms of the offence charged or any rate substantially all the facts which constitute the offence ch......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......y of its responsibilities or liabilities under said Act or the similar legislation. If any tern of this Bill of Lading is repugnant to the said Act or other similar legislation as to incorporate such terms shall be void to that extent but no further.” 28. In the case of Eximpo Trading Ltd. Vs.......lso Reported in: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......ession without objection from other predecessors, paid earnest money as per market value and entered into agreement with defendant Nos.1-3 and 7-8 who accepted Taka 10,000 towards agreement; as per terms of agreement defendant, Nurul Alam sold 1 gonda of land at Taka 20,000, execute registered k...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....rcumstances it can exercise extra ordinary jurisdiction for doing 'complete justice' in any matter pending before it. This does not mean that in every petition or appeal this Division will exercise extraordinary jurisdiction and reassess the evidence on record as may be done in an appeal under cla......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...............Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....ciation of law and facts do not call for interference. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......dge, Magura against the defendants for declaration of title and recovery of possession of the suit land or in the alternative for partition. Alter contested hearing, the suit was decreed in terms of the judgment and decree dated 31.5.1992 (decree signed on 2.6.1992). Defendant-opposit......lam & others…………Respondents Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia ..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ......the Court is satisfied- (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject-matter of a suit or part of claim. It may, on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or abandon such p......………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 2011. Result: The appeal is disposed of. Words and phrases Formal defect Formal defect includes every kind of defect which is in no way ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ......puty Attorney General -For the Respondents. Writ Petition No.3676 of 2010. Judgment AHM Shamsuddin Choudhury, J.- The Rule under adjudication, issued on 04.05.2010 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why&nb......is Case is also Reported in: ..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......as submitted on 14.06.2010 in the name of BGP Inc., China National Petroleum Corporation, No.189 Fanyang Xi Road, Hebei Province, China instead of BGP (Bangladesh) International in violation of the terms and conditions of RFP Clause-5.1. Respondent no.8, the local agent of CGG Veritas, France on......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......the AGMs for the aforesaid years but opposed the consequential directions prayed for by the petitioner. The answering respondents in their respective affidavits-in-opposition in more or less the same terms contended that the board of directors having recommended for the 19th AGM to be held for the y......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9