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KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)

.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..

Category: Property Law | Date: 24 Jul, 2011 | Hits: 71

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ding in the Court of Chief Metro­politan Magistrate, Dhaka. Respondent Ms Ok-Kyung Oh, a South Korean Citizen is the infor­mant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4.  Short ...... Court of Chief Metro­politan Magistrate, Dhaka. Respondent Ms Ok-Kyung Oh, a South Korean Citizen is the infor­mant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4.  Short facts relev...... of Chief Metro­politan Magistrate, Dhaka. Respondent Ms Ok-Kyung Oh, a South Korean Citizen is the infor­mant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4.  Short facts relevant fo......ief Metro­politan Magistrate, Dhaka. Respondent Ms Ok-Kyung Oh, a South Korean Citizen is the infor­mant in GR Case Nos.746 of 2007, 915 of 2008 and 922 of 2007, while the Registrar, Joint Stock Companies is the complainant in CR Case No.3518 of 2007. 4.  Short facts relevant for the ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ......ificate was issued in his favour and thereupon, the Artha Rin Adalat executed and registered a sale deed on 23rd August, 2009 in his favour and also delivered possession to him. 4. The learned Joint District Judge upon hearing the parties rejected the prayer for temporary injunction by judgm...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......owing documents: Exhibit No. Identity of the document A,B. Two letters of authority B(1) Signature C.C(1), C(2) Joint Ullage survey report dated 17.5.1999 and 21.5.1999 D,D(1) Letter of disc...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ...... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

.... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ......or Special Judge con­verted the case a Special Case. 11. As it is a case of offence under section 409 of the Penal Code committed by the officers of a bank, who under section 110 of the Bank Companies Act, 1991, are public servant, exclusive­ly cognizance and triable by the Special Judg..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

....ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ment and decree dated 31.5.1992 (decree signed on 2.6.1992). Defendant-opposite party Nos.1-7 pre­ferred Title Appeal No.115 of 1992 before the learned District Judge, Magura and the learned Joint District Judge allowed the appeal on setting aside the judgment and decree of the trial Court ......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......ase against the petitioner under section 138 of the Act, 1881. The case was registered as Metropolitan Sessions Case No.2939 of 2009. Eventually, the case was transferred to the Court of Metropolitan Joint Sessions Judge, 7th Court, Dhaka for trial. The accused-petitioner appeared before the said Me......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ......h Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 400; 8 LG (AD) (2011) 196; 17 BLC (AD) (2012) 167; 21 BLT (AD) 234. ..

Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....ule is herby vacated. 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:......arty Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned District Judge, Dhaka in Arbitration Appeal No. 127 of 2002 affirming those dated 08.10.2002 of the learned Joint District Judge and Arbitrator, Dhaka in Arbitration Revision No. 110 of 1992 should not be set......ule is herby vacated. 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:......ule is herby vacated. 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:..

Category: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

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:  ......5-11-2009 and 18 B permission from Bangladesh Bank via letter No. FEID/729/B960/2010-154 dated 25/01/2010 as BGP Inc. China National Petroleum Corporation BGP Inc. also registered with register of Joint Companies & Firms under No. F667 issue No.34442-48 dated 25-02-2010 and Tax Identificatio......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:  ......009 and 18 B permission from Bangladesh Bank via letter No. FEID/729/B960/2010-154 dated 25/01/2010 as BGP Inc. China National Petroleum Corporation BGP Inc. also registered with register of Joint Companies & Firms under No. F667 issue No.34442-48 dated 25-02-2010 and Tax Identification Cert..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

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. ......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. ......of issuing 1,50,000 ordinary shares of Taka 100 each through IPO. At the material time, the share certificates of those ordinary shares were issued in paper/script form. At the time of listing on the Stock Exchange with the IPO, there were only 20(twenty) share-holders acting as promoters/sponsors, ......nbsp; May 26, 2011.     Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has th..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

.... 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. ...... 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. ...... 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. ...... 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

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....tions, and shall apply in all cases of hearing and determination of the appeals and petitions before the High Court Division of the Supreme Court. By order of the Supreme Court, M.A. Khaliq Registrar. Appendix IV to the High Court Division Rules, 1973 relate to matters of Special Juri......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ..

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: ......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: ......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: ......t provision of law provided in section 50 of the Artha Rin Adalat Ain. 11. At this stage he referred section 50 of the Artha Rin Adalat Ain. He further submits that as per section 30 of the Bank Companies Act, 1991 the Court’s hands are tied in exempting the interest charged by the bank. The ..

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.     ......e Respondent Nos.2-5. First Appeal No.196 of 2006. Judgment Shahidul Islam J.- The added defendant No.7 being aggrieved by the judgment and decree dated 31-3-2005 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.181 of 1999 has preferred this appeal. ......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.     ......ited in refusing to comply with the inconsistent and confusing instructions made by the plaintiff. That it is stated that the plaintiff on 5-11-1997 filed an application under section 158 of the Companies Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which ..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

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: ......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: ......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: ......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: ..

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:   ......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:   ......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:   ......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:   ..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

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: ......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: ......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: ......ddique J Anwar Cement Limited and others……………............Petitioners Vs. Bangladesh Bank and others…………………......Respondents Judgment April 24, 2011. The Bank Companies Act, 1991 (Act No. 14 of 1991), Section 5 (Ga Ga) and 27 (Ka Ka) The petitioners were/a..

Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....six) months from the date of receipt of the judgment. The High Court Division further directed the Election Commission to intimate the fact of completion of the said process through the office of the Registrar. The High Court Division also observed that the qualified persons who are, however, entitl......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. ......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. ......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. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168