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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: ......iolation of rule 117 of the Rules, 2008 is obviously maintainable. However, receiving no response the respondent no.8 made complaint to respondent no.7 as well as respondent no.2 to take necessary action. The authority paid no heed to the same. In this connection drawing attention to the EOI (An..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
.... 1994, Articles of Association of the company or any provision of any other law applicable thereto. I do not find that any of the consequential or incidental reliefs as prayed by the petitioners were Cause of delay in holding meeting. Therefore, such consequential or incidental reliefs as prayed by ...... holders of insurance policies and to ensure proper management of the respondent No.1 company. This Court issued a Rule Nisi on 27-3-2007 upon the Chief Controller of Insurance as to why the impugned action as detailed in the writ petition showing continuous failure of the Chief Controller of I..Category: Company Law | Date: 26 May, 2011 | Hits: 9
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. ......rtunity to raise money by mortgage or lease or by private sale of the property. However, he has to obtain a certificate and in granting a certificate the Court must be satisfied that such a course of action would be more advantageous than a Court sale. The 1st and 2nd proviso to sub-rule (2) also sp..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: ......ion 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-judice, without jurisdiction or malafide. Since the ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
....authorized, is maintained.
No order as to costs.
This Case is also Reported in:
...... judicial review was nowhere mentioned either in Article III or anywhere in the Constitution, the Supreme Court in Marbury V. Madison, -(1803), while considering a prayer for mandamus, in an original action, made under the provisions of the Judiciary Act of 1789, found the said law in opposition to ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....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. ...... registered as Company matter No.3 of 1997 but afterwards did not press the matter. The plaintiff in order to harass the defendants filed the said application in the wrong forum with no cause of action. From the actions and conduct of the plaintiff it is abundantly clear that she, with a m..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)
....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: ...... asserted in the written statement that if there was any supply of crew members, spare parts, repairing work supply of bunker and any other services done to the vessel the same shall be business transactions in between the plaintiff and the defendant No.1 and therefore the owner of the vessel is not..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: ......lier, the carrier and others but the claim of the plaintiff cannot be directed, under the terms and condition of the insurance policy, against the insurance company. The plaintiff has got no cause of action against the insurance company and as such the suit is liable to be dismissed against the insu..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: ......s detected in godown No.3 as well. He also stated that in an earlier proceeding late Mirza Monwar Hossain had confessed his guilt of misappropriation of twenty-five metric tons of food grains. If any action could have been taken earlier, the present situation would not arise. Lastly he admitted that..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....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. ......list excluding the names of the Rollings." 3. The writ-petitioner claimed in the writ petition that he was 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 tha..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....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. ......days. In the instant case no one went to the appellate authority against the decision..........................(32) Abuse of official position Criminal misconduct can not be assigned to any action of a public servant when he performs his function in accordance with the prescribed set of ru..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....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. ......s a regular payee he paid tax at the rate of 0.015% at source on the value of shares, debentures, mutual funds, bonds or securities transacted by the company at the time of payment for such transaction. The applicant submitted his return showing his income in two heads (i) income from share tra..Category: Fiscal/Taxation Law | Date: 21 Mar, 2011 | Hits: 123
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... 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. ......stry of Liberation War Affairs: Provided that a public servant, who entered the service of the Republic as a Freedom Fighter, shall be exempted from such verification." 6. The cause of action arose when respondent No. 7, the Deputy General Manager, Nara-yangonj Branch, Pubali Ban..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
.... from today and for the time being the victim will remain as it is, in the safe custody. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ut after expiry of 5 days failing to get his daughter he asked to Chairman but he failed to do anything. At that time the accused Amena Bibi offered him some money and asked him not to take any legal action against them and the matter will be settled as very soon he thus lodged the FIR and further d..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......stablished that Order XL, rule 27, CPC does not confer a right on the party to produce additional evidence. The need for additional evidence must be felt by the Court itself, if the Court hearing the action requires any document so as to enable it to pronounce judgment, it has the jurisdiction to pe..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......ary 15, 2011. Result: The appeal is dismissed. The Muslim Marriages and Divorces (Registration) Act, 1974; section 11 The Muslim Marriages and Divorces (Registration) Rules, 1975; Rule 8(2) No action should be taken against a person without giving him any opportunity of being heard. When an..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
....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].
......vernment hospital. The doctors informed the police and the lady of the house was arrested.
3. A Rule Nisi was issued on 04.05.2010 calling upon the respondents No.1 to 6 in connection with their inaction to take appropriate steps against respondent No.7 (the employer of the domestic child worker)..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ce on 29-9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured cheque within 30 (thirty) days of the date of receipt of the notice. Cause of action for filing the petition of complainant arose on 29-10-2009 when 30 days from the dat......9-2009 by registered post with acknowledgment due requesting the accused to make payment of the amount of the dishonoured cheque within 30 (thirty) days of the date of receipt of the notice. Cause of action for filing the petition of complainant arose on 29-10-2009 when 30 days from the date of issu..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)
.... 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: ......The City Bank Ltd. and others………………….....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 jur..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....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.
......fficers to be on high alert and to deal with this particular menace of stalking/eve-teasing and sexual harassment separately and independently of any other crime and to take appropriate and immediate action against the alleged offenders.
iii) the Secretary, Ministry of Home Affairs and the Insp..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
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