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Sheikh Hasina Wazed Vs. Government of Bangladesh, 2010, 39 CLC (HCD)
....squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......rhanuddin J.- I agree. Ed. This Case is also Reported in: ......squo;s entirety, but so far as the same relates to the Petitioner only. There will, however, be no order as to costs. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......te; ‘The Court of King’s Bench, which had always been associated with the work of government and had retained jurisdiction over the work of the justices in the sessions and of other local bodies during the hay day of the Council and the Star Chamber, was manifestly the proper superintend..Category: Anti-Corruption Laws | Date: 9 Mar, 2010 | Hits: 228
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......anuddin J. - I agree. Ed. This Case is also Reported in: ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......e; ‘ The Court of King’s Bench, which had always been associated with the work of government and had retained jurisdiction over the work of the justices in the sessions and of other local bodies during the hay day of the Council and the Star Chamber, was manifestly the proper superintend..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......hanuddin J. - I agree. Ed. This Case is also Reported in: ......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......te; ‘The Court of King’s Bench, which had always been associated with the work of government and had retained jurisdiction over the work of the justices in the sessions and of other local bodies during the hay day of the Council and the Star Chamber, was manifestly the proper superintend..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
State Vs. Secretary, Ministry of Home Affairs, 2010, 39 CLC (HCD)
....rection that a copy be kept in the dossier of the two learned Magistrates concerned. Md. Abu Tariq J. - I agree. This Case is also Reported in: 16 MLR (AD) (2011) 254; 30 BLD (HCD) (2010) 265. ......nd others....Respondents. Judgment March 1, 2010. Result: The Rule is disposed of with observations. The Penal Code, 1860 (XLV of 1860); section 82 It is a tragedy that the law enforcing agencies are unaware of the fundamental laws of the country, namely s. 82 of the Penal Code, ......on and arrest of the children or the officer in charge of the police station (OC) were at all aware of the provisions of the Penal Code or the Children Act. For good reason the provisions have been incorporated in our law and it is a mandatory provision which the authorities are bound to follow. Yet......en were arrested on 22.01.2010 by on-duty police party comprising one Habilder and three Constables of GRP, and two Ansar personnel. The children had in total 3 kg ganja taped with a bandage to their bodies. He further reported that the children were enlarged on bail on 25.01.2010 by the learned Jud..Category: Women and Children | Date: 1 Mar, 2010 | Hits: 177
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....facts of the case in brief are that Organon (Bangladesh) Limited, a pharmaceutical company was registered for VAT. The majority shareholder of Organon Bangladesh Limited decided to discontinue the business in Bangladesh. As a result the shareholding and controlling interest in the petitioner c......J Md. Muzammel Hossain J Surendra Kumar Sinha J Nuvista Pharma Limited...............................Petitioner Vs. Chairman, National Board of Revenue & ors......Respondents Judgment January 4, 2010. Result: The leave petition is di......for imposition and realization of VAT is required to be followed. Section 15 of the VAT Act provides for registration of VAT. According to section 2(b) any person includes business organization, incorporated body and any association, section 18 of the VAT Act, 1991 provides that if any person ......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ......olice Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72; Fahima Nasrin Vs. Government of Bangladesh and others, 61 DLR 232. Lawyers Involved: Dr. Naim Ahmed, Advocate-For Aparajeyo-Bangladesh. Ms. Fahima Nasrin, Advocate-For Bangladesh National Women Lawyers Assoc...... is unfortunate that in the case of laws relating to children, the authorities concerned are slow in implementing the provisions of the CRC which has a mandate that all signatory State Parties must incorporate the provisions in their domestic law. He pointed out that when the high and mighty have th......irectorate of Children Affairs, National Children Taskforce and Independent Commission for Children. However, four years have already elapsed and we do not find the emergence of any of these proposed bodies/institutions. Reference has been made by the Committee of the CRC about establishment of the ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....e court of Metro. Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. The case started upon a petition of complaint on the facts, shortly as follows: The petitioner started business on behalf of his firm Angel Computers Limited with the complainant company for selling comp...... Referred To- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and others, 60 DLR (AD)195; SW Palanitkar Vs. State of Bihar, 2002 SCC (Cri) 129. Lawyers Involved: Md. Abul Hossain, Advocate-For the Petitioner MA Muntakim, Advocate - For the Opposite Parties. Civil Miscellaneous Ca......ccessories imported by the complainant company; that a bilateral agreement was executed on 12-5-05 between the accused petitioner and complainant-company in presence of the witnesses wherein it was incorporated that the accused will be given credit facilities on sales and he will place cheques for t......ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....lat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on business at Durgapur Bazar by the plaintiff-Bank by its memo No. R.O. Mymen/442 with a condition to ...............................Appellant Vs. Md. Abdul Khaleque & another…………Respondents Judgment June 23, 2009. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-For the appellant. No one appears-For the respondents. First Appeal No. 9 of 1997. Ju......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......tration of Criminal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond ......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ......cially 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." 40. It appears that the medical report does ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....Dhaka Electric Supply Authority reported in 28 BLD 332 = 60 DLR 1 it has been held- "the rationale in setting up the company is to make independent of the Government and to let it be run as proper business. The above objectives cannot be fulfilled so long a company is functionally and administr......rs…………….....Petitioners Vs. Bangladesh and others…………………Respondents Judgment June 2, 2009. Result: All the Rules are made absolute. The Bangladesh Biman Corporation Employee (Service) Regulations, 1979; Regulation 52(1) Regulation 52 (1) gives the Bi......91 (Law) of 2007 dated 31-7-2007 Bangladesh Biman Corporation was abolished on 31-7-2007 and on the same date a public limited company under the name and style Biman Bangladesh Airlines Limited was incorporated under the provision of the Companies Act, 1994 to take over the functions and works of er......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
...., is that, on 26-05-2005 the Complainant opposite party No.2 filed a petition of Complaint before the Court of Chief Metropolitan Magistrate, Khulna Contending, inter alia, that the complainant was a business man maintaining business for long time with reputation that on the other hand, the accused ......ate and another…………………………Opposite Parties Judgment May 26, 2009. Result: The Rule is discharged. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) For non mentioning of receiving date of the legal notice in the petition of complaint, the case will ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad v. Bangladesh, 2001 BLD (AD) 69; Apparel Export Promotion Council v. Chopra, AIR 1999 SC 625; Micari V. Mann, 481 N.Y S. 2d 967 (Sup, Ct. 1984);......o such discrimination. 38. Our Courts will not enforce those Covenants as treaties and conventions, even if ratified by the State, are not part of the corpus juris of the State unless those are incorporated in the municipal legislation. However, the court can look into these conventions and cove......n (Workers’ Compensation Board), Queen’s Bench, Judicial Centre of Regina, Canada, 2002 SKQB 279 in which Malone, J. held that the plaintiff’s conduct, which involved “leering, looking at the bodies of female employees in an inappropriate manner and making sexually suggestive comments” amo..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....struments Act against the accused petitioner Md. Sirajul Islam alleging, inter alia, that the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-....... State, 53 DLR 403; Abdur Rahman Vs. Moklis Ali, 31 DLR (AD) 118; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Abdul Jalil with Zahida Khatun, Advocates - For the Petitioner. Yusuf Hossain Humayun, Advocate - For Opposite Party No.1. Criminal Miscell......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....ong on 15-5-2006 against the accused-petitioner under section 138 of the Negotiable Instruments Act, 1881, alleging, inter alia, that the complainant is the Director of Messrs MK Trading and carry on business of general merchant and commission agent, the accused-petitioner is the owner of Chittagong......………Opposite Parties Judgment April 29, 2009. Result: The Rule is discharged. Case Referred to- Ahsan Habib Chowdhury Vs. Multidrive Ltd, 14 BLC 66; Ruby Leather Exports Vs. K Venu (1995), 82 Comp Case 776 (Mad) Vol. 86, 943; Stalion Shocks Co (P) Ltd Vs. Auto Tens......t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt." 33. This section has some exceptions: Section 233 embodies the general law and lays down (a) that there must be a separate charge or head of charge for ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......s. Md. Abdul Quader and others....................Respondents Judgment April 15, 2009. Result: The leave petition is dismissed. Lawyers Involved: Moudud Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Mahmudul......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Zahida Ahmed (Liza) Vs. Syed Noor Uddin Ahmed and another, 2009, 38 CLC (HCD)
....o.1 on 27.2.1998. The petitioner is the mother of the detenu child. She has been residing in London, England for the last 6 years. Currently, she has been enrolled in two years' diploma course in business management and marketing at London Reading College, London, England. She has also been...... Syed Mahmud Hossain J Quamrul Islam Siddique J Zahida Ahmed (Liza)……………………………Petitioner Vs. Syed Noor Uddin Ahmed and another………………………&h...... There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 168, 29 BLD (HCD) (2009) 375, 14 MLR (HCD) (2009) 465. ...... of the Convention provides "In all actions concerning children, whether undertaken by public or private social welfare institution, Courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration." 16. We do not l..Category: Family Law, Women and Children | Date: 16 Mar, 2009 | Hits: 182
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....aptitude, performance in education, training and such other matters as he may consider necessary. (2) The governing body of a certified institute shall exercise such powers and shall conduct its, business in such manner as the Director may determine, and the decisions of the governing body shall......Vs. Metropolitan Police Commissioner, 60 DLR 660; State Vs. Md. Roushan Mondal @ Hashem, 59 DLR 72. Lawyers Involved: Ms. Fahima Nasrin, Advocate-In person. Md. Abdus Samad Kamal, Deputy Attorney General, with Ms. Nowazish Ara Begum, Assistant Attorney General-For the respondents. Mahm......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... The distinguishing feature in between the two provision is that in the earlier provision the President himself passes the order through the prescribed authority, as allocated under the rules of business and in the later the order is being passed in the name of the President of Bangladesh by th......ellip;……………Respondents Judgment February 5, 2009. Result: The Rule is made absolutes. Cases Referred to- The State Vs. Chief Editor of Manab Zamin and others, 2 LG 1; Secretary, Ministry of Finance Vs. Md. Masdar Hossain and othe......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
....referred to as “MAI”, “MMI” and “MAHI” respectively and the “Three Patriarchs” collectively). These three siblings, who carried on a successful trading business as a partnership concern in Calcutta in the 1920s and the 1930s, transformed that partnersh......mar and others, AIR 1997 (SC), 3; Freeman Vs. Buckhurst Park Properties, [1964] 1 All E.R. 630; Tamizul Haque Vs. Shamsul Haque, 43 DLR (AD)(1991), 34. Lawyers Involved: Akhtar Imam, Senior Advocate with Ramzan Ali Sikder and Abdullah Mahmood Hasan, Advocates- For the Petitioners. ......“the Act”). 2. This Matter arises in the context of facts and issues pertaining to the Respondent No.1 M.M. Ispahani Ltd. (“the Company”) that straddle several decades of corporate history that follows a historical timeline beginning the second decade of the 20th century...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......………Defendants
Judgment
October 26, 2008.
Result:
The
Applications are dismissed.
Cases Referred to-
"The Fanti" and " The Padre
Island', [1990] 2 Lloyd's Law Report, 191; Imperial Bank Vs. London and St
Katherine Docks Company, [1877] 5 Ch. D 195, 200; MM Ispa......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ...... insured.
Among the wide range of risks covered by P&I clubs is liability incurred by
members to cargo-owners for loss of or damage to cargo carried in an entered
ship.
P&I clubs have bodies of rules
governing the relationships between the club and its members and between one
membe..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
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