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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. ...... the same. Holding of petition against order of assessment of customs duty made in the cases of Hannan and Dhaka Warehouse Ltd. should remain confined to the fact of each case and has no universal application in view of the holding in Mohammad Brother's case and the provisions of law and the con..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......l Court rejecting its prayer for temporary injunction pending disposal of the Suit. 2. Petitioner, a Private Limited Company, after filing the suit being Other Class Suit No.3 of 2010 moved an application for temporary injunction restraining the respondents from disturbing its possession in..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
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: ...... the Provisions of the Carriage of Goods by Sea Act 1925 (Act No. XXVI of 1925) is applicable in the instant case and the Provisions of Section 4 of the Act Provides as follows: “Statement as to application of Rules to be included in bills of lading.—Every bill of lading, or similar document ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....Taka 8,70,000 from Juned Ahmed, which they deposited against their respective accounts. But the money had not been entered in their accounts. Accordingly in that case final report was submitted and a fresh FIR was lodged by Sabiur Rahman, Sub-Inspector of police, attached to Sylhet Kotwali Police St......te Party No.2. Sakila Rowshan, Deputy Attorney-General - For the Opposite Party No.1. Criminal Miscellaneous Case No.2956 of 2005. Judgment AKM Fazlur Rahman J.- On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
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. ......arties, by judgment and order dated 29.06.1991, the miscellaneous case was allowed on condition that the applicants deposit Tk.50,000/- within 30 days and file the receipt in Court, failing which the application for restoration would be deemed to have been rejected. The deposit having not been made ..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. ......arties, by judgment and order dated 29.06.1991, the miscellaneous case was allowed on condition that the applicants deposit Tk.50,000/- within 30 days and file the receipt in Court, failing which the application for restoration would be deemed to have been rejected. The deposit having not been made ..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ...... Decree Execution Case No.08 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said execution case is pending before the Adalat and in the execution case on an application filed by the decree-holder-Bank under section 34 of the Artha Rin Adalat Ain, 2003 (the..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
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. ...... of parties and that the Court of appeal below without assigning any reason abruptly came to the finding on the point of defect of parties. This finding of the High Court Division is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)
....k and the junior of the deceased Advocate Mr. Lutfor Rahman. But they expressed their inability to return the certified copy of the impugned judgment. Then the plaintiffs-petitioners collected a fresh certified copy of the judgment and decree of the Appellate Court on 23.7.2009 and filed the pr......t and order dated 27.04.2010 passed by a Single Bench of the High Court Division in Civil Rule No.1024(Con) of 2009 discharging the Rule for condonation of delay of 5791 days in filing the revisional application, challenging the judgment and decree dated 11.11.1994 passed by the learned Subordi..Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100
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. ......politan Joint Sessions Judge, 7th Court, Dhaka for trial. The accused-petitioner appeared before the said Metropolitan Joint Sessions Judge and obtained bail. 3. The accused-petitioner filed an application in the case under section 265C of the Code on 23.06.2009 for discharging him from the ca..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. ......e was shown arrested in the present case on 11-2-2009 and produced before the learned Judge of the Tribunal, who sent him to jail to undergo the sentence. The petitioner thereafter submitted an application for certified copy of the impugned judgment and order and other relevant papers for pref..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....d a ‘naraji’ petition before the Magistrate, but subsequently he withdrew the said ‘naraji’ petition. Thereafter one Khorshed Alam, who was cited as a witness in the aforesaid ejahar, filed a fresh complaint before the Magistrate against the same accused persons. The complaint was registered...... Ain and discharged co-accused Riaz Uddin as there was nothing specifically mentioned against him in the petition of complaint. In course of trial, the prosecution examined two witnesses and filed an application for adjournment on 7.7.2008 in absence of any more witnesses. 5. On the other hand, t..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....uit. Failure of the plaintiff's counsel to incorporate a Prayer in the plaint was a defect constitutes 'sufficient ground' for permitting the plaintiff to withdraw his suit with liberty to file a fresh suit..………………………..(13) Formal defects and withdrawal of the suit T......f Bangladesh executed the deed and after purchase plaintiff mutated its name, paying rents and maintaining possession. 7. Mrs. Sigma Huda, learned Advocate, appearing for the appellant, filed application under Order XXIII Rule 1 of the Code of Civil Procedure for withdrawal of the suit stat..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
....ule is herby vacated. 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:......ict Judge and Arbitration Court, Dhaka challenging the assessment of value along with compensation of the said acquired land fixed by the opposite party No.4. The present opposite party No.1-3 in his application stated that the present opposite party No.4 acquired the land in question against L.A. C..Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ondent no.3 is declared to have been passed without lawful authority and hence, of no legal effect. 29. However, CGG Veritas, France, a short listed company is at liberty to file a complaint afresh, if so desires and the respondent no.3 is hereby directed to adjudicate the complaint, if so......ritas, France without due authorization of the Principal-Contractor (Annexure-G,G-1 and G-2 respectively). Being aggrieved by and dissatisfied with the petitioner company had preferred the instant application and obtained the present Rule. 3. Respondent no.8 entered appearance by filling a..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....aid periods. It is stated by the Petitioner that in the event this Court condones the delay in delay in holding AGMs for the aforesaid years, the respondent No.1 company would need to fix a fresh record date as per SCE Notification No.SEC/CMRRCD/2008-183/Admin/03-36 dated 5-10-2009; to con...... Judgment May 26, 2011. Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant ..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)
....ed by the Subordinate Judge, Artha Rin Adalat, Bogra passed in Artha Rin Case No.326 of 1994 dismissing the case is hereby set-aside and the case is sent back on remand to the learned trial court for fresh disposal in the light of observations as made above. The learned court is directed to dispose ......s 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 loan, thereafter, on 11.06.1988 vide sanctio..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
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. ......ers Involved: Shah Md. Munir Sharif with Mohammad Imran Jahangir, Advocate - For the petitioner. Md. Faruk Hossain, Advocate - For the respondent No.3. Writ Petition No. 4213 of 2010. (An application under Article 102 of the Constitution of the People's Republic of Bangladesh.) Judgme..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: ...... sell his personal household goods belonging to him. Ultimately, 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 sa..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. .......04.01.126.2002-579 dated 26-8-2002, authorizing intiation of the prosecution against the accused-petitioner. 4. The accused-petitioner thereafter obtained bail and moved this Court by filing an application under 561A of the Code for quashment of the impugned proceedings and obtained the instan..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
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