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Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....ear would be considered on written undertaking, that the concerned Money Changer would fulfill the target. This opportunity will be available to the concerned Money Changer for once during its entire business period. 4. The petitioner submitted an application on 14.10.2003 along with original M......D) 104; Maneka Gandhi Vs. Union of India, 2 SCR (1978) 621; Kanara Bank Vs. V.K. Awasthy, 6 Supreme Court Cases 2005321; Charan Lai Shahu Vs. Union of India, AIR 1990 (SC) 1480; Bangladesh Vs. Professor Golam Azam, 46 DLR (AD) 192; Russel Vs. Duke of Norfolk; Wiseman Vs. Sorneman (supra); Pear-berg ......C) 209, Farid sons Ltd. Vs. Pakistan 13 DLR (sc) 233 and Swadeshi Cotton Mills Vs. India AIR 1981 sc 818 the Court of this sub-continent held that the principles of natural Justice should be deemed incorporated in every statute unless it is excluded expressly or by necessary implication by any statu......t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....rty and changing the nature and character of the suit property was passed on 18.06.1996 and that order of status-quo was still in force. The further case of the defendant was that he used to carry on business with the father of the plaintiff in Al-Faisal Real Estate and Housing Limited and as such h......dani and another.......................................Respondents Judgment January 15, 2012. Result: The Petition is dismissed. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Abdul Wad......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ......, from the above discussion it is evident that there is no merit in this civil petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 231. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Jakir Hazi Vs. State, 2011, 40 CLC (HCD)
....essional statement is baseless and proceeding against this accused-petitioner is purely abuse of the process of the law. 13. An accused can be punished only for an offence in law and not for any business relationship with another accused-person not amounting to an offence. Even there is any att......ellip;…………….......Opposite-party Judgment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated i......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ......as it relates to the petitioner is hereby quashed. Send down a copy of this judgment and order to the court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 274. ..Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......pondent Judgment November 24, 2011. Result: The Appeal is allowed in part. Cases Referred to- Sivaji Bobade Vs. State of Maharashtra, (1973) 2 SCC 793; Sogaimuthu Padayachi Vs. Emperor, AIR 1926 Madras 638; Kallam Narayana Vs. Emperor, AIR 1933 Madras 233; Abdul Ghani Vs. State of ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520.......seriously burnt and as a result her face turned ugly and her left eye was completely blinded. That both the children of Anita also received serious burn injuries on their faces and other parts of the bodies. That hearing hue and cry raised by Anita and her children, the husÂband and other inmates o..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)
.... induce any persons by deceiving him to or omit to do anything which he would not do or omit if he were not so deceived; or (e) do any act or practice or engage in a course of business, of omit to do any act which operates or would operate as a fraud, deceit or manipulation u......al Revisional Jurisdiction) Present: Enayetur Rahim J Sheikh Md. Zakir Hossain J Professor Mahbub Ahmed and others.......Petitioners Vs. Securities and Exchange Commission............. All the Rules are discharged. Securities and Exchange Ordinance (XVII of 1969); Section 24 Where the person guilty of an offence referred to sub-section (1) is a company or other body corporate, even Director, Manager or other Officer responsible for the conduct of its affairs shall,...... 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. ..Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....e impugned Memo in violation of Section 46 of Bangladesh Telecommunication Act, 2001 (BT Act, 2001) which requires issuance of show cause notice. 4. The appellant-company in due course of its business in order to obtain a licence for allocaÂtion of frequency in UHF band V Channel No.40-50 .............Appellant Vs. Government of Bangladesh & others.....................Respondents Judgment November 16, 2011. Result: The appeal is allowed-in-part. Words and phrases Complete justice The term "complete justice" cannot be defined and it ...... and 4 respectively before the High Court Division statÂing, inter alia, that the writ petitioner-appellant No.1 (hereinafter referred to as the appellant-comÂpany) is a private limited company incorporated under the Companies Act, 1994 with the objects, inter alia, to apply for procurement/ob......pany) is a private limited company incorporated under the Companies Act, 1994 with the objects, inter alia, to apply for procurement/obtaining of licence from relevant Government, Semi-Government bodies or any other statutory authorÂity for the purpose of opening, floating, running and operati..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....Kumar Saha used to purchase and sell the foreign articles collecting from the person who used to come at Dohar and Nobabgonj area from abroad. Accused Matiur Rahman @ Mati used to do the same type of business like the deceased as such there was a business relation between them. They would exchange v......e 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 offence While tryi......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. ......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. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....of the said Labu Miah; that the aforesaid persons never released the documents from the bank nor paid the aforesaid amount; that on proper inquiry is found that the Ahmed Enterprise is a non-existing business concern. It has been mentioned that the said Labu Miah is not intentionally implicated in t...... 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. ......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. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....s Act, now pending in the Court of Sessions Judge, Naogaon should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule, is that the petitioner is a citizen of Bangladesh and businessman by profession. He is a renowned businessman of Bangladesh having the business of export ...... Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. Lawyers Involved: Golam Ahmed, Advocate - For the Petitioner. Dr. M Zahir with ASM Abdur Razzak, Advocates - For the Opposite Party No...... 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. ..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....earned Advocate Mr. M. Moksadul Islam directed him to the fact whether he is deposing in his personal capacity or as an Attorney of the plaintiffs, upon which the P.W.1 stated that he is personally a businessman, being the Director of the Shipping business concern M/S Hai Shipping Lines Limited and ......RD, 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: ......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: ..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. ...... Vs. People's Republic of Bangladesh, and others.......Respondents Judgment August 17, 2011. Result: The Rule is made absolute. Cases Referred to- Tariq Transport Vs. Sargodha Vera Bus Service, 11 DLR (SC) 140; Bangladesh Sangbadpatra Parishad Vs. Government ......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. ......eness as guaranteed under Articles 27 and 31 of our Constitution. Therefore, we are not inclined to allow this kind of approach by the BTRC—because if we allow it, we will allow other statutory bodies to take recourse to the same practice. On the other hand, since respondent No.12 has not cont..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. ...... Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J M Muhammad Imman Ali J Md. Momtazuddin Ahmed J Md. Shamsul Huda J Dhaka Electric Supply Authority (DESA) represented by the Chairman, 1, Abdul Ghani Road, Dhaka-1000.................................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. ......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. ..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 complaint do not disclose an offence. In that case a complaint was made on the allegation that the accused borrowed from time to time from the complainant some money for the purÂpose of their business. One accused issued two cheques for repayment which were dishonÂoured. The complainant a...... appeals and the leave petition are dismissed. Cases Referred to- ACC Vs. Dr HBM Iqbal, 15 BLC (AD) 45; Haryana Vs. Bhajan Lai, AIR 1992 SC 604; Dhaka Ware House Ltd Vs. Assistant Collector, 11 BLD (AD) 227; Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Iqbal Hasan Mah......n Bangladesh, came here with a substantial sum of money and injected the same in the compaÂny, limited by shares. The Company is engaged in the business of garments packaging prodÂucts. It was incorporated in Bangladesh on 1-1-1996 pursuant to a joint venture agreement dated 14-9-1996, execute......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brothÂer, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....in exclusive possession of the suit property after purchase from the original owner Capital Ship Breakers Limited by registered kabala dated 12th December, 2009. Thereupon it started ship breaking business in the suit property and that the respondents have been threatening to dispossession. ...... Judgment July 17, 2011. Result: The leave petition is dismissed. Lawyers Involved: M. Qumrul Haque Siddique, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, ...... 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. ...... 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. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....e instant Admiralty Suit is that the plaintiff is a private limited company having industrial undertaking for refining and production of Edible Oil which are imported from abroad and in course of the business the plaintiff intended to import Crude Degummed Soyabean Oil (CDSO) from Argentina and acco...... (Special Original Jurisdiction) Present: AFM Abdur Rahman J M/S. Hasan Vegetable Oil Mills Ltd.6/A, Shashi Bhushan Chaterjee Lane, Gandaria, Dhaka-1204. Represented by its Managing Director Fazlur Rahman……………………………..Plaintiff Vs. 1. M. T. SCEPTRE Flying the F......he carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants. This rule cannot be contracted out of where the Rules are incorporated into the bill of lading by section 1 of the Carriage of Goods by Sea Act, because Art. V ...... 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: ..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....land (low lying area) and at present there are shops and that the purchasers improved the case land. This witness suppressed some facts regarding the exact date from which the tenants have been doing business but he has practically admitted the pre-emptees case. This witness being a close neighbour ......rs, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khatun Vs. Md. Abdul Hye and others, 4 BLC (AD) 14. Lawyers ......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. ......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. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....before the Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881) alleging, inter alia, that in order to discharge liability arising out of the business relationship of the accused with the complainant, the accused issued a cheque in favour of ...... Result: The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 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 pay......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. ..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....t subscribe 60% to the paid up capital and the rest 40% shall be open to be subscribed by the public subscribers. This provision of the Insurance Act, 2010 is not applicable to the companies starting business under the repealed Insurance Act, 1938. At the relevant time of incorporation of the respon......dgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......0 and submitted that those regulations are mandatory in nature in view of section 17 of the Companies Act and whether or not company adopts those regulations; the same shall be treated to have been incorporated in the Articles of Association. Elaborating the scope of the aforesaid Regulations, Dr. Z......any qualification shares. Provided that the qualification of a director from public subscribers shall be his holding minimum shares to the face value of Taka 10,000 (Taka ten thousand) statutory bodies, trust and such like that he/ she represents, at least six months before the date of election..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)
....a Rin Case No.326 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 r......n (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result ......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
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Material facts necessary for disposal of the rule, in short, are as under: The petitioner Major (Retd.) Rafiq Hasan Faruq, Managing Director of M/S Blue Bird Garments (Pvt.) Ltd, in course of his business, obtained some loan from respondent No-3. Sonali Bank, Ramna Corporate Branch, Dhaka (short......ndant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... 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. ...... 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
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