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Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......ears from condition 'ka' of the said memo dated 20-11-2008 and, as such, the respondents are legally bound to comply with their promise to give licence and the respondents shall be estopped by the principle of promissory estoppel from refusing to issue licence or to stop transmissions and broadc...... and not taken in public interest. (5) The Doctrine of legitimate expectation has no role to play where the State action is as a public policy or in the public interest unless the action taken amounts to an abuse of power. The Court must not usurp the discretion of the public authority……..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......en did not reach finality for want of approval of the Ministry of Finance. Secondly, Bangladesh Bank did not give its clearance in respect of write off of the entire loan specially the capital amount. Thirdly, the move on the part of the Bank was tainted with external pressure. Fourthly, it ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......persons collusively by forging the signatures of Labu Miah filed an application on 16-1-1985 for issuing a Letter of Credit for importing Tyres and Tubes from Messrs Suzi Sutten, Osaka, Japan, for an amount of US $99.880 @ 10% margin after depositing the said margin amount of Taka 2,50,600 for ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ...... learned Deputy Attorney-General appearing on behalf of the State, submits that this is not a fit case for quashment as the contention of the accused-petitioner is misconceived in view of the settled principle of law as decided by our superior Courts in several cases, namely Shahera Khatun Vs. Abdur......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......otiable Instruments Act stating that the petitioner took loan in several occasions from the said bank but failed to repay the same that on the pressure of bank, he issued cheque on 30-4-2008 for an amount of Taka 10,00,000 (ten lakh) being cheque No.33214308, Bank Asia Ltd. Scotia Branch, Dhaka; t..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
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: ......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: ......r the restoration of these suits the plaintiffs of all the suits made amendment of the plaint, through the application dated 26.4.2010, to include a further prayer for a decree to be passed for “an amount payable as on 15th June, 2000 with compensation payable under the provision of Section 146 of..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. ......d the said view has been adopted by our Appellate Division in the Sangbad Patra Parishad case. The case of Sangbad Patra Parishad on locus standi has been decided on a particular set of facts and the principle of locus standi as decided in the said case has not been accepted by our Apex Court in sub......Thus, the more stake (financial or others) is involved in a procuring process, the procuring entity should follow the relevant law more strictly. When Mr. Reza submits that this audit involves a huge amount of money to be realizable by the BTRC through audit on telecom operators, we are not in ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......hether the learned Magistrate has taken cognizance of the offences pursuant to the filing of the charge-sheet. Admittedly, the appellants are fugitive from justice and thus, in view of the settled principles of law, they are not legally entitled to any relief from a Court of law unless they surr......ested to him by filing a writ petition and that the alternative remedy given under section 194 of the Customs Act is not an equally efficacious remedy because it stipulated deposit of 50% of the amount of Penalty of the duty demanded. At the hearing preliminary objection was raised as to the..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. ......antial depends considerably an a Judicial evaluation of the totality, not isolated secreting. when dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be taken into consideration. a) The onus of prating everything essenti......the Privy Council in the case of Pakala Narayan Swami Vs. The King Emperior reported in AIR 1939 PC 47(52) wherein Lord Atkin observed that "No statement containing self exculpatory matter could amount to confession if the exculpatory statement was of some facts which if true could negative the..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: ......tion? Does the plaintiff have any cause of action against the defendant Nos. 1, 2 and 3 for filing the instant Admiralty Suit? Is the suit barred by limitation? Is the suit barred under the principles of estoppels, waiver and acquiescence? Whether the defendant No. 1 has received 17,000......bsp; 3. The claim of the plaintiff not being satisfied, the plaintiff instituted the instant Admiralty Suit for realization of the claim from the defendants to the extent of an amount of US$ 34192.35 equivalent to BD. Tk. 18, 80,579.25 along with an interest @ of Tk. 18% per a..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......(1) of the Act provides that the provisions of the ode of Criminal Procedure shall in so far as they are not inconsistent with the Act apply to the proceedings of the Court of a Special Judge. So the principle of law enunciated in the case of Abdus Salam Master quoted above is applicable in this pro......obtaining sanction of the Commission by the investigating police officer. After investigation the police officer submitted charge sheet against two accused persons for defalcation of a huge amount of money of the Bank, one of whom made confessional statement implicating himself and so..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
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. ......ory means bearing some correspondence with, or resembles to, similar in certain circumstances or relation. In trying cases analogously Court is to see whether the suits governed by the same general principle. Excepting schedule of land, that too, one of the schedule out of 4 schedule of Other Suit......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. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....illa (plaintiff in the Artha Rin Case and petitioner herein). The loan was taken to purchase a bus and in due course the bus plied on the permitted route. The respondent No.1 duly paid the bank's installments, but could not continue to do so as the bus was not yielding sufficient income. Due t......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. ......t No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comilla for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....illa (plaintiff in the Artha Rin Case and petitioner herein). The loan was taken to purchase a bus and in due course the bus plied on the permitted route. The respondent No.1 duly paid the bank's installments, but could not continue to do so as the bus was not yielding sufficient income. Due t......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. ......t No.1 to pay the loan as stipulated in the loan agreement, the petitioner filed Money Suit No.19 of 1987 in the Court of 1st Subordinate Judge, Comilla for a sum of Tk. 6,25,486.05, being the loan amount and accrued interest thereon. The respondent No.1 filed written statement admitting that he..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. ......s to the pleadings, the evidence on record, the judgments and submits that the manner in which the High Court Division interferes with the judgment of the lower appellate Court is against the settled principles of law, inasmuch as, the lower appellate Court upon proper sifting of the evidence on rec......ourt of appeal, on the other hand, after reassessment of the evidence of P.Ws.1-4 held that the pre-emptor's witnesses had admitted the pre-emptee’s claim of development of the case land except the amount of costs spent towards such development, that the improvement and constructions were made in ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......s 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account. Legislature very well knew about section..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
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. ......be investigating officer to maintain the neutrality and acceptability of the trial of the case…........ (18) Evidence of police personnel should not be discarded It is a well settled principle of law that the evidence of police personnel should not be discarded simply because they b......itial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amounts to an abuse of the process of the court. (3) Where there is a legal bar against t..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......tinguishing the said decision of the Appellate Division, ignored it only by saying that “the case law does not match exactly with the facts of the present case” and arrived at his decision on the principle of rejection of plaint as provided in Order VII rule 11 of the Code of Civil Procedure and......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
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: ...... which is the integral part of the petitioner company, non-responsive vide impugned order is without jurisdiction. Lastly, he submits that the impugned order further fails for non-compliance of the principle of natural justice since neither BGP (Bangladesh) International nor BGP Inc. CNPC has bee......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: ..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. ......all ordinary shares with no special rights and privileges attached to any particular class of shares; accordingly all share-holders enjoy equal rights in respect of voting and dividends which are the principle rights that shares carry. 21. Mr. Imam also submitted that since all issued shares we......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. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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