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Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......6 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the d..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave to Appeal No.2012 of 2010. (From the judgment and order dated 20.05.2010 passed by the High Cou......6 of 1991, dismissing the appeal, affirming the judgment and decree dated 28.01.1991 of the Subordinate Judge and Artha Rin Adalat, Comilla in Artha Rin Case No.123 of 1990 decreeing the case in part granting simple interest at the rate of 6% per anum from the date of filing till the date of the d..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....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. ......shops to the tenants. Moniruddin is the elder brother-in-law (husband's elder brother) of the pre-emptor and Amajad, son of Moniruddin along with his partner Khokan used to deal in electric goods and power loom parts in a shop in the case land by taking the same on rental basis. The pre-emptor and t............................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarke...... the appellant who seeks pre-emption of a holding claiming as co-sharer transferred by the respondent No.2 in favour of Sultan Uddin Bhuiyan, the predecessor of the respondent Nos. 1-3. Leave was granted to consider on two points, namely; the defect of parties and the limitation. 3. Short f..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......;…....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding......ip;…………....................Opposite Party Judgment June 7, 2011. Result: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked ......s application under section 561A of the Code of Criminal Procedure before this Court and obtained this Rule. 22. In this connection, it may be mentioned that this Court has always disfavoured to grant relief in its extra-ordinary jurisdiction under section 561A of the Code of Criminal Procedure..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
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. ...... 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. ...... of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. 'formal defect' must be given a wide and liberal meaning and must be deemed to connote every kind of defect which does not affect the merit of the case, whether the defect be...... (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 part of a claim with libe..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
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: ......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: ......t Petition No.2005 of 2011. Judgment Farah Mahbub J. - In this Rule, issued under Article 102 of the Constitution of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-......, against BGP Inc., CNPC who is claiming to be the integral part of BGP (Bangladesh) International pursuant to letter dated 24.05.2010(Annexure-F-1) contending, inter alia,- “We have been granted permission from the Board of investment (BOI) for opening a Branch Office in Bangladesh via..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. ......in part. Delay condonation – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has......udgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......which provides that "financial year" shall mean the year commencing on the first day of July ending on the 30th day of June. He submitted that unless the prayer is amended this Court cannot grant substantive relief to the petitioner in Matter No.61 of 2010. Mr. Karim then assailed prayer (..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......দিয়া ডিক্রী প্রদান করিবে। From sub-section (6) of the section 12 of the Ain, it appears that before passing the judgment and decree the Court has the power to order to sell the pledge goods or property mortgaged as the case may be and adjust the same......of 1994 impleading the present respondents as defendants for realization of Tk. 17,07, 996.30. 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous ......t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......s judgment and Order dated 13-11-2008, held inter alia:— a) Under Article 142 (1 A), the preamble of the Constitution, amongst others, can only be amended by a referendum. b) The judicial power of the Republic is vested upon the Supreme Court under Part VI of the Constitution but section...... Vs. Adilur Rahman Khan and others.............Respondents Judgment May 16, 2011. Result: The Petition is dismissed Cases Referred to- Governor-General's Reference No.1 of 1955, 7 DLR (FC) 395; Sindh High Court Bar Association......nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment of the loan, the Adal......q ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: The Rule is made absolute. Case Referred to- SDS Dairy Limited Vs. Bangladesh and others. ( unreported decision) Lawyers Involved: S...... stating, inter alia, that the petitioner was willing to pay the entire outstanding dues if the petitioner was allowed to sell the mortgaged property by private negotiation. The petitioner prayed for granting a certificate authorizing him to sell the property. He also expressed his intention to sell..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......f law that notwithstanding the ouster of jurisdiction of the High Court Division by any legislative provision or even under Article 102 itself, this Hon’ble Court is yet entitled to exercise its power of judicial review under Article 102 if the action complained of is found to be coram-non-jud...... Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted by the authority concerned subject to any law or rules s......timately, the petitioner regained his health around 09.09.2007 and after being recovered from illness vide letter dated 10.09.2007 he made an application to the Secretary, Ministry of Education for granting him extraordinary leave for the said period without pay and for posting him to any Degree ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......As soon as a piece of land is acquired by the Government, the acquired land absolutely vests in the Government free from all encumbrances. Learned Counsel for the writ petitioners did not dispute the power of the RAJUK or the Military Estate Department to remove unauthorized constructions. His main ........Appellant (In Civil Appeal No.89 of 2010) Vs. Md. Gias Uddin Chowdhury and Others…………………………..Respondents (In both the appeals) Judgment May 15, 2011. Cases Referred to- Md. Khairullal Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338; Jilubhai Nanbhai Khachar......lam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 88-89 of 2010. Judgment Surendra Kumar Sinha J. - Leave granted. 2. The points involved in these appeals are whether the Rajdhani Unnayan Katripakha (RAJUK..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......d the learned Judge of the Tribunal rightly convicted him and therefore, the rule should be discharged. 11. Learned Deputy Attorney General raised a question of law as to whether this court is empowered to scan the evidence on record in a criminal miscellaneous case under Section 561 A of the C......dshah Mollah, 41 DLR 11. Lawyers Involved: Rabiya Bhuiyan with Rafiqur Rahman Patwary, Nikhil Kumar Biswas and Shahanara Bhuiyan-For the Convict-Petitioner. K.M. Zahid Sarwar, Deputy Attorney General with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Mis......nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......bjection has been raised with regard to issuing of a suo moto Rule by the High Court Division.
3. Generally, the High Court Division under Article 102 (2) of the Constitution of Bangladesh, is empowered to make an order, firstly, on an application, and secondly, the said application is to be ma......hellip;…………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh Hasina and another, (2006) 60 DLR (AD) 90; ......departures from this conservative view was taken by Lord Denning in 1957, in the case of R V. Thames Magistrate’s Court, ex p. Greenbaum, where as a Law Lord he indicated that certiorari may be granted even to a stranger.
Since 1968, Lord Denning M.R., in the Court of Appeal, allowed stan..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....rdquo; (emhasis supplied) 25. The phrase কমিশন যদি মনে করেন যে, used in Rule 11, and the similar expression used in Rule 8 of the ACC Rules, 2007 have conferred discretionary power in the ACC to decide as to whether it would allow the accused person an opportun......্ষ কমিশন হইবে। 15. Indeed, sub-section (2) of section 3 of the Act lays down the condition subject to which the ACC has been created and it has been vested with certain powers and discretion. Sub-section (2) of section 3 of the Act guides the exercise of all the powers......s. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Referred to- Rahit Pulp Paper Mills Vs. Collector of Central Excise, AIR 1991 SC 754; Indu Bhushan Chatt......of Acts or and deeds done in bad faith. 18. Sub-section (2) of section 3 does not vest either expressly or impliedly any power or discretion in the ACC to be exercised in a biased manner in granting sanction to submit charge sheet or in launching a prosecution as has been done in this par&..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......adduced by the P.W. and D.Ws, let us see whether law permits the Court to exempt any interest receivable by the bank. 15. It appears to us that law is very clear that the Court does not have any power to exempt any interest or charges as receivable by the plaintiff bank for the period from the ...... in his plaint stated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff ......tated inter alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the d..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......ntinues and every director, manager, secretary, other officer who is knowing by a party to the default shall, be liable to a like penalty. (6) Nothing in sub-section (3) shall prejudice any power of the company to register as shareholder or debenture holder any person to whom the right to ...........................Respondents Judgment May 8, 2011. Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a mova...... admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the Secretary of the defendant No.1 giving 10% dividend for the year 1988 was marked as Exhibit-1. ii) Dividend granted at the rate of 6% per each share for the year 1986 was marked as Exhibit-2. iii) Divide..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......third party. The ship management agreement as alleged by the plaintiff is a fictitious agreement only to gain unlawful profit. 17. In his examination-in-cross the D.W.1 stated that he has filed power of Attorney on behalf of the defendant Nos.1 and 3 in the office of this court when the applic...... Present: AFM Abdur Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh…….........-9-2009? Is there any cause of action against the defendant Nos. 1-3 for filing the instant suit? Is the plaintiff is entitled to the relief as prayed for? or any other relief or relieves granted to the plaintiff? Is the defendant acknowledges receipt of the invoices for supply of ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......……Accused-Appellant Vs. State………………………….......................Respondent Judgment May 2, 2011. Result: The appeal is allowed. Cases Referred to- Bhagirath-sinh Judeja Vs. State, AIR 1984 (SC) 372; Habibur Rahman Chowdhury Vs. State, 3 B......3). The appellant along with other accused persons voluntarily surrendered before the High Court Division and after considering the merit of the case a Division Bench of this Court was pleased to grant them anticipatory bail for a period of six months. On expiry of the aforesaid period they have..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......nbsp; Present: AFM Abdur Rahman J M/S. Ace Traders, Zerin Mansion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship ha...... 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transshipment and during any variation of the adventure arising from the exercise of a liberty granted to ship-owners or charterers under the contract of affreightment. 49. The plaintiff admit..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
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