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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. ......of Gujarat and another, 1995 Supp (1) SCC 596; M.I Builders PVt. Ltd. Vs. Radhey Shyan Sahu, AIR 1999 S.C. 2468; Heydon case, (1584) 3 Co Rep 7a: 76 ER 637. Lawyers Involved: A.F. Hassan Ariff, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Appellants (In Civil Appea...... 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. ......ll possession of land or of an estate. 11. In Stroud’s Judicial Dictionary, 4th Edn, the word ‘vested’ has been defined in several senses – it is stated: “as to interest acquired by public bodies, created for a particular purpose, in works such as embankments which are ‘vested’ in the..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....ne of Tk. 35,000/- upon the accused petitioner. On his failure to pay the fine the informant lodged this F.I.R. 21. In his cross-examination he stated that he used to carry on iron scrap’s business. The member held the Salish and he himself attended the Salish at his own will. Salish was ...............................Accused-Petitioner Vs. The State…………………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute.......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. ......pecially the face, breasts, chest, lower part of abdomen, limbs and back should have marks of violence such as scratches and bruises, as a result of struggle. Such marks are likely to be found on the bodies of grown up women who are able to resist.” 41. We have considered the impugned jud..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
...... and others…………………..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 anot......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......o file an application before this High Tribunal, praying for appropriate relief.
39. The purpose of procedural law is for proper exercise and implementation of substantive law so as to avoid busybodies or meddlesome interlopers, otherwise, its real beneficiaries would be lost in their crowd. Th..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....nt contested the said suit by filing a written statement denying all the material allegations made in the plaint by the plaintiff and stated inter alia that he is a disable person. He used to run his business in a rented shop with a name and fame. To extend his business he needed money and applied t......t Vs. Sree Babu Jiban Kumer Shaha ……………Respondent Judgment May 11, 2011. Result The appeal is allowed. Lawyers Involved: Md. Harunur Rashid, Advocate-For the Plaintiff-Appellant. Not represented- the Respondent. First Appeal No. 68 of 1998. ......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: ......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)
....rtificate was issued in the name of the plaintiff. One of the Directors named Sarkum Ali and the plaintiff's husband were friends. b) The plaintiff's husband was in need of money for his business and requested Sirkum Ali to purchase/mortgage/lien of the shares and to provide him necessa...... 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 movable property of the company having market value. By the amended praye......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. ......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. ..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)
....e principal-defendant jointly and severally. 3. The factual aspect of the plaintiff’s claim, inter alia, is that the plaintiff is a company incorporated in South Korea and engaged in shipping business as Ship Manager and ship managing agent who in course of its business upon a negotiation ma...... Ed. This Case is also Reported in: ......uivalent to U$ 15,90,442.76 to be realized from the principal-defendant jointly and severally. 3. The factual aspect of the plaintiff’s claim, inter alia, is that the plaintiff is a company incorporated in South Korea and engaged in shipping business as Ship Manager and ship managing agent w......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)
....d ex parte against the other defendant sand now the same is being disposed off by this judgment. 2. The facts leading to institution of the suit, is that, the plaintiff being a sole proprietorship business concern, represented by its Proprietor Md. Nurul Islam, engaged in import trading. In cours......bsp; 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 hav......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: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
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: ......Vs. The State …………………………………........... 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......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: ......nto the house breaking the door and kidnapped her daughter Rina Begum. As she and her husband had obstructed them, they beat her and her husband causing swelling injuries on different places of their bodies. They also snatched away her ornaments, saris, lather suitcase and cash money. She and the me..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....is sine qua non for an offence under section 5(1) of the Prevention of Corruption Act, 1947, when a decision is taken collectively or even individually by following rules of procedure or the rules of business, criminal intention behind such decision should not normally be inferred. If any loss is in......te and 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 pass......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. ......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
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....haka in First Appeal No.159/Coy's Cirle-15/Taxes Zone-05/2008-2009. 2. Facts leading to the filing of this Reference Application, in short, are that the applicant is engaged in share trading business as a limited company and a regular tax payee. Under section 53BBB of the Ordinance as ......................................Respondent Judgment March 21, 2011. Case Referred to- Desh Petroleum Service Co. Ltd Vs. Commissioner of Taxes, Zones-5, 12 MLR 48. Lawyers Informed: Rafique-ul-Huq, Senior Advocate with Ms Nazmus Saliheen, Advocates —For the applic......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ......any order as to cost. The Registrar of the Supreme Court is directed to take necessary steps under section 162 of the Ordinance. Ed. This Case is also Reported in: 63 DLR (2011) 676. ..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Chunnu Vs. State, 2011, 40 CLC (HCD)
....more. 3. The prosecution case, as appears from the depositions of P.W. 1 (informant), is that on 17-4-2003 at about 11-30 AM his brother deceased Md. Sazid Alam @ Mongru was going to their business place by rickshaw. When Mongru reached in front of the pan-shop of Munna, situated on the S......(3) The appellant should not get any benefit from the acquittal of accused. In the instant case, the eye-witness versions of the P.W. 3 and P.W.11 and the said dying declaration of the deceased corroborated each other as to the participation and role played by the Appellants in the killing. Thu......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....nterprise or company is submerged into that of the Corporation." 22. Pubali Bank Ltd is a private banking company incorporated under the Companies Act, 1913 for the purpose of doing banking business. Hence, neither it is a statutory body nor local authority as defined in section 3(28) of t......lls Ltd Vs. Income Tax Officer (Investigative), 26 DLR 5; Rupali Bank Ltd Vs. Arab Ali, 7 BLC (AD) 01. Lawyers Involved: AKM Fakhrul Islam—Far the Petitioner. Mahmudul Islam, Senior Advocate with MA Hannan, Advocate with—For the Respondent Nos. 4 & 5. Writ Petitio......eive the benefit of section 4A of the Act No. V of 2010, for, there existed master and servant relations between the respondent No.4 and the petitioner. Moreso, respondent No. 4 has retained it's corporate character for managing its affairs by its Memorandum and Articles of Association. In that ...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....ector. (3) In selecting a candidate for appointment as Managing Director, preference shall be given to persons having knowledge and experience in rural economy or in the field of grameen banking business. (4) The Managing Director shall be the whole-time officer and the chief executive of ......s Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS].
......Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, represented by the Secretary, Ministry of Labour and Manpower, Bangla......gistration of their movement and engagement in the domestic sector as workers must also be monitored strictly. Children between the ages of 14 to 18, who are engaged in the domestic sector, will be incorporated automatically within the provisions of the Labour Act, if and when those provisions are a...... are not aware of the whereabouts of their children and depend on the middleman to trace them. Sometimes they do not see their children at all until it is too late and they get to see only their dead bodies. She points out that some of the cases exemplify how the children are brutally and inhumanely..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
.... Advocate for the accused petitioner has referred to the case decision of Jammu and Kashmir High Court reported in 2003 (2) DCR 332, where it was decided that every person in charge of conductÂing a business would be responsible under section 138 of the Negotiable Instruments Act. With referÂence ...... State, 46 DLR (AD) 67; 17 BLD (AD) 44=2 BLC (AD) 16, 36 DLR (AD) 14; 28 DLR (AD) 38; Poonam Mahahjan Vs. Mohan Lal Swara 2003 (2) DCR 332. Lawyers Involved: Md. Khurshid Alam Khan, Advocate—For the Petitioner. Md. Motaher Hossain, Advocate—For the Opposite-Party No. 2. Md. Shahidul ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ection (1) of the section as noted above. 8. Banker has been defined in clause (b) of section 3 of the Act as under:— "3(b) "Banker" means a person transacting the business of accepting, for the purpose of lending or investment, of deposits of money from the publi.......................................Opposite-Parties Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party....... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
....gaged its property worth of taka 3/4 crore in order to secure the said loan, and approached the creditor-bank to return the cheques, but the bank refused. The petitioner-company incurred huge loss in business because of irresponsible activities and misdeeds of the creditor-bank, for which they have ......¦â€¦â€¦â€¦â€¦.....Respondents Judgment January 26, 2011. The Bank Companies Act, 1991 (Act No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....ing an unauthorized computer function in a computer owned or used by the female or her family members;
vi) entering or loitering outside or near the female’s place of residence or place of business or work or any other place frequented by the female;
v) keeping the female under surve......
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by Salma Ali, Executive Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhaka......ision “Section 10(Ka)” after section 10. He submits that since the proposed amendment covers all the relevant mischief, the situation would be effectively taken care of once the same is incorporated in the statute book after completion of all formalities. He further submits that after in......ns to be taken in the light of the directives/guidelines hereinabove.
Md. Imman Ali J. - I agree.
Ed.
This Case is also Reported in: 31 BLD (HCD) (2011) 324, 18 BLC (HCD) (2013) 290.
..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....ther at present he is accused of any criminal offence or not; (c) whether he has any past criminal record, and if any, the judgment of the case; (d) description of his profession or business; (e) probable sources of his income; (f) a statement of property or r......b Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statute...... The word "ultra" means beyond and the word "vires" means powers. Therefore, the term "ultra vires" means beyond powers. The doctrine of ultra vires drives itselves from the mother theory of corporate law i.e. theory of perpetual succession. If a company is estabÂlished for a particular ......xtent of such inconsistency be void. 15. As per provision of Article 59 of the Constitution the Local Government in every administrative unit of the Republic shall be entrusted to the elected bodies, composed of perÂsons elected in accordance with law. In the case of Kudrat-e-Elahi Panir V..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
.... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ...... High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Hassan Arif J Bangladesh Legal Aid and Services Trust (BLAST), represented by its Deputy Director (Legal Aid), Farida Yeasmin and another…………….........Petitioners Vs. Secretary,...... circular prohibiting corporal punishment in all educational institutions. We would strongly recommend that the awareness drive must continue. In addition the authority concerned must take steps to incorporate imposition of corporal punishment as ‘misconduct’ within the service rules for teacher......fficers (DPEO) and Assistant Thana Education Officer (ATEO) in every Upazila. He told us that the ATEOs act as Inspectors. Then he gave us details regarding the Education Boards, which are autonomous bodies under the control of the Ministry of Education. There are nine Boards, of which three are in ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
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