Search Options
Judgment Advanced Search
Displaying 321-340 of 3806 results.
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: ......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-......o.6. Writ 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. I......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)
....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. ......r consequential or incidental orders while condoning the delay. The Court, under section 85 (3) of the Companies Act, 1994, also pass consequential or incidental orders, which is deemed expedient for calling, holding and conducting meeting in the event the Court directs to call, hold and conduct the......ders while condoning the delay. The Court, under section 85 (3) of the Companies Act, 1994, also pass consequential or incidental orders, which is deemed expedient for calling, holding and conducting meeting in the event the Court directs to call, hold and conduct the meeting which could not be call..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)
....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: ......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)
....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. ......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)
....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......of Bangladesh.) Judgment Md. Abu Zafor Siddique J. - On an application filed under Article 102 of the Constitution a Rule Nisi was issued in the following terms: "Let a Rule nisi be issued, calling upon the respondents; to show cause as to why the Order No. 28, dated 18.4.2010, (Annexure-E...... 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. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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......ncerned subject to any law or rules so governing the terms and conditions of the service. Until the resignation is accepted the incumbent has the authority to express his willingness or desire to recall/withdraw the resignation letter filed earlier, but not subsequent thereto i.e., not after the...... 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: ..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)
....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......of land is acquired in accordance with law the owner is deprived of his right. A citizen holds his property subject always to the right of the sovereign to take it for a public purpose. This right is called eminent domain. The right of eminent domain is the right of the sovereign State through its r...... 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. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....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...... with Monzu Naznin (Rosy), Assistant Attorney General-For the State. Criminal Miscellaneous Case No.1852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sen......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
....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; ......udges of the High Court Division, on noticing the news item on Shahida, issued a suo moto Rule upon the concerned officials with a direction to produce Haji Azizul Huq, who pronounced the impugned so called fatwa that her marriage was dissolved, just because her husband, in a momentary fit of anger,......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....্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......8. Judgment Md. Rezaul Hasan J.- In this matter, at the instance of the accused-petitioner, a Rule under section 561A of the Code of Criminal Procedure, 1898 (the Code) has been issued calling upon the opposite parties to show cause as to why the proceedings of the Special Case No.4 o....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....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 ......gment delivered by the learned Judge, Artha Rin Adalat, First Court, Sherpur and other materials on record particularly the sanction letters Exhibit-1 (Gha), 1 (Uma), 1 (Cha). In those letters specifically the rate of interest and mode of payment of the loan obtained by the defendant were mentioned.......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: ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....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......ansfered in favour of the defendant No.7 taking resort to forgery but no such declaration has been sought for. At paragraph No.10 of the plaint it has been disclosed clearly and specifically that the shares have been transferred in favour of Moazzem Hossain but he was not made a defen......spahani Ltd. Thereafter, Md. Altaf Hossain (Ashu Mia), the husband of the plaintiff purchased those shares in the name of his wife, Tahsia Khanam bearing Share Certificate No.02401. In the Board meeting of defendant No.1 the share index of the plaintiff was registered as 148 and new share certi..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)
....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…….........quested the plaintiff to do any job or made any supply in respect of the defendant No. 1 vessel and as such the owner of the vessel is not liable for the payment to the plaintiff. It has been categorically asserted that the plaintiff and the defendant No. 2 with ill motive created a fictitious ship ......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: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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: ......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......t, quality, quantity, contents and value of the goods shipped and since the plaintiff raised claim against the insurance company the carrier has got no liability to compensate the plaintiff or his so-called loss caused by the non-delivery of the goods. 6. By an additional written statement dated ......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: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... April 25, 2011. Cases Referred To- 58 DLR 500; 10 DLR (SC) 29; 48 DLR (AD) 294. Lawyers Involved: Abu Taher Md. Saifur Rahman, Advocate-For the appellant. Md. Shohrowardi, Deputy Attorney General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Qud......goods took place only at his instance. 12. P.W.4 Zahirul Islam, a security guard, stated that he joined Naoapara godown in June, 1991. In cross-examination he stated that on receipt of a telephone call, he came to record his evidence. The investigating officer did not examine him during investiga......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ......……........... Respondent Judgment April 17, 2011. Result: The appeal is allowed. Lawyers Involved: No one- For the appellant. Ms. Rona Nahrin, Assistant Attorney General-For the respondent. Criminal Appeal No.914 of 1996. Judgment Md. Ruhul......ere members of Sarbahara Party and used to commit robbery in different places. The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered int......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....a voter of Cox's Bazaar Municipality with voter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Lo......n itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see whether writ ......rections upon the Election Commission. 2. The petitioner filed the above mentioned writ petition before the High Court Division making the following prayer: "(A) Issue a Rule Nisi calling upon the respondents to show cause as to why the notification under Notification (sic) vide ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
.... Sub-Registrar, Sadar Record Room, Tejgaon, Dhaka as P.W.5 in his examination-in-chief stated that on 24-9-2007 investigation officer of this case came to his office and took the photocopy of the two powers of Attorney. He also stated that he gave report in respect of the said deeds. He proved the r......another.........................Respondents Judgment March 29, 2011. Result: The appeal is allowed. Appeal under section 15 According to section 15 of Building Construction Act, 1952 if any person is aggrieved by any order passed by a......) learned Assistant Attorneys General appearing on behalf of the state, on the other hand, submits that the prosecution has able to prove their charge perfectly and all the 10 (ten) witnesses categorically supported the prosecution case to the hilt and prays that the present appeal should be dismiss......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....ecree holder from enjoyment of the fruit of the decree. In the meantime 16years have passed under the coverage of the instant vexatious litigation. In 'view of the above, and in applying our power conferred under section 35A of the code of civil procedure, we award a cost at Taka 1,00,000 (......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court ......for leave to appeal has been directed against the judgment and order dated 12.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4049 of 2006 discharging the rule issued calling in question the judgment and decree dated 07.08.2006 passed by the Joint District Judge, 1st......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
85468818495784775796856254225161886775274976882784968495497466165587890196385312