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Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477.     ......3 is that the return of allotment shows 6, 17,000 shares in the name of the petitioner respondent No.3. So, this is a prima fad evidence of his legal ownership in respect of those shares and that the documents submitted by the petitioner to support his claim in respect of those shares are vague. In ..

Category: Company Law | Date: 6 Aug, 2012 | Hits: 8

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

.... the lacuna of his case. In view of the above, we do not find any merit in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 112. ......ntiff, the suit was not maintainable and the same was liable to be dismissed. 4. At the trial, the plaintiff examined two witnesses while the defendant examined four witnesses. Both parties proved documents which were marked as Exhibits. 5. The trial Court by judgment and decree dated 16-3-199..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)

....victims. The appeals are, therefore, allowed without any order as to costs with the above observa­tions. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ......tric ton but the customs authority directed the importer to declare tariff value at US $ 220 per metric ton. This Division after examination of the evidence produce by the parties noticed that the documents relied upon by the importer and those taken into consideration by the committee (high pow..

Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....3. 2. We have heard the learned Advocate and perused the application. It appears that pursuant to the provision incorporated in Section 12(5)(ka) of the Artha Rin Adalat Ain, 2003 the petitioner bank filed an application before the District Magistrate, Chittagong for taking necessary steps as p......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ......monthly rental and energy payment bill of the peti­tioner by the respondent No. 2-4 is without lawful authority and is of no legal effect. Moreover, under the same international tender and tender documents and draft agreement, another rental power company namely Aggreko International Projects Li..

Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6

Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)

.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......rt of Magistrate. These two Sections indicate that when an accused is brought for trial before a court of law the court upon hearing the parties and on consideration of the record of the case and the documents may discharge the accused. Theses two Sections have nothing to do with quashing of a proce..

Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1

AKM Shafiuddin Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....on. Accordingly we have decided to dispose this matter with observations. Consequently, this application is disposed of with the observations made above. Ed. This Case is also Reported in: ......t could swing to an unpalatable predicament. During the proceedings, Mr. Manzill Murshid, the learned counsel for the Petitioner, brought to our notice certain media clippings. It transpires from the documents that the Hon'ble Speaker was not briefed on this matter with meticulous precision. Contrar..

Category: Constitutional Law | Date: 24 Jul, 2012 | Hits: 236

A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)

....fact, the Board of Governors of the Federation. The constitution has also designated three office bearers, namely: the President, the General Secretary and the Treasurer, who alone are to operate its bank accounts. The petitioners are two of the members of the club, who claim to be in the General Co...... the High Court Division stands modified accordingly. (d) The office is directed to communicate a copy of this judgment to each of the abovenamed persons. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

.... jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certifi­cate in respect of the mortgaged property under section 33(5) of the Artha...... properly constituted suit, the auction purchasers cannot acquire any right in the said property. 5. On consideration of the facts and cir­cumstances of the matters and upon perus­al of the documents enclosed with the paper book, we find merit in the con­tention of the learned counsel. L..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

....is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ...... (on behalf of his client) before this Court, submits that the respondent-contemner was, indeed, willing to complete jobs assigned to his firm and out of that bonafide intent he had only retained the documents, without knowing that it was his obligation to return the documents imme­diately upon ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

....her contended by way of submission that the defendant-Bank defaulted to appear or obtain the Court’s order granting leave to appear and defend the suit by filing “certified copy” of “entry in banker book” within the meaning of section 4 of the Banker’s Book Evidence Act, 1891 disclosing ...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183.  ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

.... other or further order or orders passed as to this court may seem fit and proper. 2. Facts in a nutshell relevant for the pur­pose of disposal of this rule are that petitioner is a schedule bank of Bangladesh and a public limited company listed with stock exchange. The respon­dent No. ......xpected to take care of the unnecessary delay, if any, attempted by the petitioner in disposal of the appeal pending before him. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 471 ..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ......-Committee constituted by the Parliamentary Standing Committee on Shipping, it was observed, inter alia, that an inexperienced consultancy firm was given the responsibility of preparing the tender documents for appointment of Berth Operator; that some information had been provided in the tender..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

.... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ......n of evidence given in the Evidence Act, 1872. Section 3 of the said Act defines evidence as follows:— Evidence means and includes:— (1)............................ (2) All documents produce for the inspection of the court". Hence, this confessional statement is a doc..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......ot adjudicate the facts which have already been decided by the Court of Settlement and as such, the judgment delivered by the High Court Division should be set aside. He then submits that no original documents relating to the abandoned building were produced by the writ-petitioner and that even thos..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ......ended till 30th July,2012 or till publication of the election result in the offi­cial Gazette, whichever is earlier. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 70.  ..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....the election process, the Deputy Commissioner, Tangail acting as Returning Officer received objections and information about disqualification of the petitioner on two counts, namely default in paying bank loan and telephone bills. 3. The first source was a letter dated 30-11-2008 issued by the ...... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....crore but these agreements do not prove that this amount was given as loan by the  Grameen Kalyan to the assessee-applicant as bridge loan. The assessee ought to have produced cheque /pay order /bank statement, etc. to show that Grameen Kalyan had given loan of Taka 14 crore and not Taka 11 cro...... as bridge loan to the assessee-applicant. 25. The assessee-applicant basically tried to set up a case on the basis of two agreements vide Annexures-E and E-1 to the reference application. These documents are purely agreements to pay loan of Taka 14 crore but these agreements do not prove that ..

Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

.... reached near the Gaibandha Madhyapara Maternity Center, the appellants blocked her way and the victim being frightened started running away towards Khapara lane/Appellants by chasing took her on the bank of Idris Ali's pond and gheraoed her when the vic­tim finding no other alternative jump......on/formation of a firsthand idea as to whether the person is a child or not would be needed or called for. There may be cases when the age of the person so brought is mentioned in the above mentioned documents as 16 or any other approximate age (but not under 16) or even above, there may be cases wh..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30