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Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....s, which have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass co...... pass consequential or incidental orders, which is deemed expedient for calling, holding and conducting meeting in the event the Court directs to call, hold and conduct the meeting which could not be called in any prescribed manner or which could not be conducted in the manner prescribed in the Arti......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. ..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)
....f loan as it was offered to him like other borrowers by the government. Since the loan amount could not be realized, the bank was bound to file this case against the defendant and prayed for a decree so that the plaintiff bank can realize the loan amount after selling the mortgaged property. It has ......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: ......forts went in vain. The defendant No.1 further stated in his written statement that on 13.04.1989 his shop and godown were kept under lock and key by the defendant bank, as a result he had to incur a loss of taka 17 to 20 lacs. For this loss the bank was fully responsible. Since for the negligence o..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: The Rule is made absolute. The service of a government servant comes to an end when his resignation is accepted b...... Writ Petition No. 4717 of 2010 Judgment Farah Mahbub J. - In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents r...... 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: ..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....s contested the petition claiming that the writ petitioners constructed the buildings by encroaching the land of Military Estate Department which it had exchanged with the Government and became the absolute owner. The writ petitioners violating the layout plan of the RAJUK made constructions on the ......of land is acquired in accordance with law the owner is deprived of his right. A citizen holds his property subject always to the right of the sovereign to take it for a public purpose. This right is called eminent domain. The right of eminent domain is the right of the sovereign State through its r...... 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. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....ellip;………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazz...... stated that while the Salish was held the victim was carrying 8 months pregnancy. P.W. 6 Nittanandon also stated that she was carrying 8 months pregnancy at the time of Salish. P.W.7 Hafiz Uddin, so-called Salishder and Member of the Union Parishad stated in his examination–in-chief that at t......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. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....haka and others, (popularly known as the 5th Amendment Judgment) (2010) BLD, Special Edition-2; Dr. Mohiuddin Farooq Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, (1997) 49 DLR (AD) 01.
Lawyers Involved:
Muhammad Na......udges of the High Court Division, on noticing the news item on Shahida, issued a suo moto Rule upon the concerned officials with a direction to produce Haji Azizul Huq, who pronounced the impugned so called fatwa that her marriage was dissolved, just because her husband, in a momentary fit of anger,......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
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Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mr. Rezaul Karim, Advocates - For the Pe......of the Act, the account has to be maintained by the drawer of the cheque. The expression 'Drawer' is defined in Section 7 of the Act. As per that Section, the maker of a bill of exchange or cheque is called the Drawer. 9. Coming back to the instant case, the account no. 026112011913 with Al-Arafa...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the sche......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: ......ed that although the shop of the defendant was in running condition but its financial condition was very bad. He further stated that he had an intention to repay the loan but because of his financial loss he could not repay the loan in time. He denied the suggestion that if the defendant had a good ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1......cuments issued by the master and the chief engineer of the defendant No. 1 vessel shall not be treated as made liable the registered owner of the vessel M/S. Doosan Capital Co., Limited to pay the so-called dues of the plaintiff. 25. The learned Advocate Mr. A. K. M. Fakrul Islam, finally submi......Nos. 1 and 2 for filing the instant suit? Is the plaintiff is entitled to the relief as prayed for or any other relief or relieves granted of the plaintiff? Is the plaintiff suffered any losses and damage as alleged? 32. In support of the suit the plaintiff examined one Mr. Ahsa..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)
....poration, 40/5 Strand Road, 6th floor, Calcutta 7000001, India. 7. Business Services Corporation, 29 Airport Road, (1st floor) Dhaka 1215, Bangladesh. Indentor and Local Agent of the supplier M/S. sontosh Overseas Trade Corporation 40/5, Strand Road, 6th floor, Calcutta 7000001, India. 8. Rupa......t, quality, quantity, contents and value of the goods shipped and since the plaintiff raised claim against the insurance company the carrier has got no liability to compensate the plaintiff or his so-called loss caused by the non-delivery of the goods. 6. By an additional written statement dated ......ity, quantity, contents and value of the goods shipped and since the plaintiff raised claim against the insurance company the carrier has got no liability to compensate the plaintiff or his so-called loss caused by the non-delivery of the goods. 6. By an additional written statement dated 4-12-19..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....5. There is no scope to treat them as defaulting borrowers and loan can not be refused to the petitioners by the banks on the ground that they are defaulting borrowers though it may be refused due to some other valid reasons. Lawyers Involved: A. M. Aminuddin with Munshi Moniruzzarnan -For the......nuddin with Munshi Moniruzzarnan -For the Petitioners. Forrukh Rahman-For Respondent Nos. 2 and 4. Writ Petition No.6016 of 2008. Judgment Zinat Ara J.- In this rule nishi the petitioners called in questions the legality of the publication of the names of the petitioners as loan defaulte......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: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....9 of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 while convicting appellant No.2 under section 4 (b) of the said Ordinance and sentencing them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka five thousand for each in default to suffer rigorous impri......ere members of Sarbahara Party and used to commit robbery in different places. The accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered int......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: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....atan Daman Tribunal No.2, Chuadanga in Nari-O-Shishu Case No.176 of 2002 convicting the petitioner under section 11(Kha) of the Nari-O-Shishu Nirjatan Daman Ain,2000 and sentencing him to suffer imprisonment for life with a fine of Tk.10,000/- in default to suffer rigorous imprisonment for 3(three) ......ccused beat the victim and left the house and he did not come back home all daylong. That the complainant went to bed after taking her supper. At about 9.30 p.m. the complainant came back at home and called the victim, in his response the victim opened the door. No sooner had the victim complainant ...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
.... 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 passed by any authorised officer under section 3 of the said Act, he/s......al gain to others or caused any financial loss to the public exchequer. 43. Moreover, the case was started without any prior sanction for lodging -the case against the appellant and the so-called sanction letter issued by the Commission for submitting charge-sheet was not in accordance wi......7, 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 incurred or suffered on account of such decision that can give rise to a civil liability and..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....u Nirjatan Daman Tribunal No.2, Chandpur, in Nari-o-Shishu Case No.85 of 2003 convicting him under section 9(1)/13 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonment for ......otice, who again assured her to marry but ultimately, started to avoid her. Finding no way, she informed the matter firstly, to her Bhabi (brother's wife) and then to all others. The local Chairman called the father of the accused, who agreed in her favour to arrange marriage and also assured to s......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
Uniroyal Securities Ltd. Vs. Commissioner of Taxes, 2011, 40 CLC (HCD)
....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 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 ......rged from tax liability. The further levy of taxes by the Deputy Commissioner of Taxes is illegal" and this judgment has become a binding precedent. The Deputy Commissioner of Taxes (hereinafter called DCT) misunderstood the law and served a notice under section 83 (1) and 79 of the Ordinance f......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
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... Bank (Nationalisation) (Amendment) Ordinance, 1983 the entire undertaking of the Pubali Bank was transferred to respondent No. 4 in 1983. Consequently, vide memo dated 8-11-1983 Pubali Bank stood dissolved on and from 8-1 1-1983. In this regard respondent No. 4 had also paid a sum of Taka 16 (sixte...... Writ Petition No. 6017 of 2010. Judgment Farah Mahbub J.- In this Rule, issued under Article 102 of the Constitution of the People's Republic of Bangladesh, the respondents have been called upon to show cause as to why the impugned office order vide memo No. PBI/N.GONJ/ Release Orde...... 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
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....ession Case No. 85 of 2005 arising out of Manikgonj P.S Case No.19 (2)2003 dated 11.02.2003 convicting the accused appellants under section 302/34 of the Penal Code and sentencing them to suffer imprisonment for life with a fine to pay of Tk. 10,000/-, in default to suffer rigorous imprisonment for ......roboration amongst each other, although it has not been in the charge. Thus this contention subsequently been derived on embellishment and have been floated just to connect the appellants with the so-called incident. But on perusal of the prosecution witnesses we found that this contention was also ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Shammi Yasmin @ Suma alias Sreemoti Rafiqa Rani and others Vs. State, 2011, 40 CLC (HCD)
....hishu Nirjatan Daman Ain, 2000 (as amended 2003) 3. Prosecution case in short is that on 19.03.10 one Rabi alias Sree Rabi Malo lodged an FIR with the Pachbibi Police Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Class –IX of ......Station against 3 accused persons alleging inter alia that the informant’s daughter Rafiqa Rani is a student of Class –IX of Uchai Ozarka High School. At about 1.30 p.m on 28.2.2010 accused Amena called his daughter for plucking potato but thereafter till evening she did not return back home. He...... 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: ..Category: Women and Children | Date: 27 Feb, 2011 | Hits: 82
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
.... ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The Rule is made absolute in part. Lawyers Involved: S. M. Moonir with Lokman Karim, Advocates-For the pet......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......thout selling the pledged goods and adjustment of the sale proceeds against the outstanding loan, was illegal. The bank appears to be irresponsible and negligent in selling the pledged goods, and the loss incurred because of not selling the goods, should not be borne by the petitioner. It will be ju..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
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