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Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......pondent Nos.2A and 2B contented the said application by filing respective affidavit-in-opposition denying material allegations set out in the petition. All these respondents although concurred to the prayer for condonation of delay for holding of the AGMs for the aforesaid years but opposed the cons..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)
....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: ......ay the loan obtained by the defendant No.1. Subsequently, the defendant by filing an application under Order VI, Rule 17 read with section 151 of the Code of Civil Procedure amended the plaint with a prayer to pass an order to allow the plaintiff to sell the pledged goods to adjust the sell proceed ..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......laÂdesh, represented by the Secretary, President's Secretariat and 4(four) others including the Truth and Accountability Commission filed the Civil Miscellaneous Petition No.897 of 2008 and on their prayer the learned Judge in Chamber of the Appellate Division, by his Order dated 16-11-2008, stayed..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
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: ......etary, Ministry of Education for granting him extraordinary leave for the said period without pay and for posting him to any Degree College situated within Dhaka (Annexure-I). The similar nature of prayer was allowed in the case of one Mr. Ahmadul Bari, a Lecturer of Bengali Department, in Dhaka..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......e but defendants did not give any suggestion to these witnesses to the effect there was no road on the suit but dismissed the suit as on some portion of the road homestead standing on the road and no prayer in the suit having been made for removing the constructing on the road the suit is barred und..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....€œmay consider the change of the western alignment of the proposed road after the C.S. plot No.433 towards the western part of the land which is the land owned by Military Estate Department or in the alternative to acquire the petitioners land in order to facilitate the construction of the said road......under Article 102 of the Constitution traveled beyond the rule in granting the reliefs in directing the appellants to file a partition suit to demarcate the acquired land and having no nexus with the prayer in the rule and as such the judgment is illegal and may be set aside. (b) the notice issued..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....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. ......e lodged the F.I.R. at the instance of the accused of arson case of the house of the petitioner. There was a Salish over the matter of pregnancy of his daughter. The Salish held on Friday before Juma prayer. The Salish was held in between his house and the house of Hashem. He denied the suggestion t..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ffidavit-in-opposition. Let it, we hope, be the once for all warning to the other District Magistrates, the magistrates and the Police Officers.”
115. In view of the above, I find no other alternative but to give my own views as to the power of the High Court Division to issue suo motu Ru......Republic.
Although the power of 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, ..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....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: ......able to pay the loan amount within the stipulated time. In this circumstance the defendant continued to maintain relation with the bank by giving letters requesting the plaintiff bank to consider his prayer. He paid some amount of loan money to the plaintiff bank. Up to 30.12.1991 all together he pa..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
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. ......pital 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 prayer of the plaint it has been made for recovery of possession of shares. The shares got its marke..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)
....ree months. The owners defendant No. 3, asked the BBC charterer the defendant No.2, to re-deliver the vessel. As the defendant No. 2 i.e. the charterer is about to go bankruptcy, the plaintiff has no alternative but to institute the instant suit in Bangladesh to recovery their legitimate dues. ......iff’s claim and therefore the plaintiff instituted the instant suit for realization of U$ 15,90,442.76 equivalent to BD. Tk. 11,02,97,152.70 against the defendant jointly and severally along with a prayer for pendentility interest @ 20% per annum on the decreetal amount. This P.W. denied the defen..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... the accused appellant was taken into custody. He further prayed for bail but by the impugned order dated 19-1-2011 the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria rejected the prayer for bail holdings as follows: "He was enlarged on bail on condition to compromise the ma..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
.... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ......ction 56 (Ga) of the VAT Act upon the company, asking the respondent No.1 not to make any supply of any goods without prior permission from him (Annexure-G to the writ petition). But on his prayer dated 25-05-1996, the appellants No.1 by his Order dated 28-05-1996, agreed to stay the opera..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ......submits that the petitioners were shown as guarantors of a defaulting borrower but not as defaulting borrowers. He further submits that the petitioners failed to produce any papers showing that their prayer for loan was any refused by any bank as they were shown as defaulting borrowers in the CIB re..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......l to supply fuel to the petitioner's filling station is malafide. 5. Mr. Sayyid Shahid Hussain, learned counsel appearing for the petitioner, has taken us to the writ petition particularly the prayer made therein, the relevant documents annexed with the petition and argued that in the absenc..Category: Others | Date: 7 Apr, 2011 | Hits: 7
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. ......t Petition No.601 of 2011 with certain directions upon the Election Commission. 2. The petitioner filed the above mentioned writ petition before the High Court Division making the following prayer: "(A) Issue a Rule Nisi calling upon the respondents to show cause as to why the no..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ishu Case No.97 of 2010 arising out of G.R. Case No.127 of 2010 corresponding to Narail P.S. Case No. 11 dated 7.4.2010 under section 7/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000, rejecting the prayer for bail of the appellants. 2. On 7.4.2010 one Sabeda Begum lodged an FIR with the Narai..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....t suggestion that she had not been raped by the accused. She strongly denied that suggestion that she had been conceived by the 'Debor' of her sister and in order to harass the accused and finding on alternative, to take shelter, she falsely implicated the accused in the alleged occurrence. She furt......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......oletium was paid in full. From the record it appears (hat by order No. 37 dated 16-8-86 the defendant appellants were transpired in place of the plaintiff respondent in HRC case No. 224 of 1983. That prayer for transposition was not opposed by the plaintiff respondent. From the record it further app..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Alomgir Hossain alias Abdul Aziz Vs. State, 2011, 40 CLC (HCD)
....t liberty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......n Special Tribunal Case No. 42 of 2009 arising out of G.R. Case No.100 of 2009 corresponding to Kashiani P.S. Case No. 3 dated 04.07.2009 under section 25B(2) of the Special Powers Act, rejecting the prayer for bail of the appellant. 2. 435 bottles of phensedyl was alleged to be recovered from a ..Category: Criminal Law | Date: 15 Mar, 2011 | Hits: 76
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