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Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... lodge any GD with the police station about forging her signature in form 117. d) After receiving application from the defendant No.7 the Bank's Board of Directors scheduled a date for holding meeting upon transfer of those shares and at that stage the plaintiff with a view to be bene......pt 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 market value. As per the statements made in the pl..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)
.... a request to the commercial attaché of the High Commission of India along with the defendant No. 6 and the manager of the defendant No. 3, 5, 9 and the defendant No. 8, to be present at the time of holding of the survey which was fixed on 18-7-1993 and this letter has been exhibited as exhibit-8. ......00 on 5-12-1992 to the L/C opening Bank through the plaintiff C.D. AC-No.1213, maintained with the defendant No. 8 the Rupali Bank Limited. Before opening the L/C the plaintiff took marine insurance cover note from the defendant No.4, Peoples Insurance Company Ltd. and paid the insurance premium on ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
National Board of Revenue and others Vs. Lt. Col. Kazi Shahid Ahmed (Retd.), 2011, 40 CLC (AD)
....l receipts, without deciding the status of Gemcon Ltd. or its actual liability under the VAT Act. 12. Under the circumstances, the High Court Division, with respect, committed an error of law in holding that the company being engaged in holding that the company being engaged in ‘অবক......¦®’, as such, it is entitled to pay VAT at the rate of 4.50%. The High Court Division also found that the decision given by the National Board of Revenue to pay at the rate of 4.50%could not be overridden by its subordinate authority. 5. With respect, both these findings of the High Court..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....Khalilur Rahman joined Naoapara godown on 5.1.1991, took over the charge collecting key from the house of Mirza Monowar Hossain. At no point of time, the appellant was in charge of the godown, or was holding the key. There is nothing on records that he abetted Mirza Monwar Hossain or any other offic......Food Controller collecting key of godown from the house of Mirza Monwar Hossain through a cleaner. The inventory of stock was not prepared on 5.1.1991; it was prepared after fourteen days from taking over the charge by new Officer-in-charge. He did not examine the appellant and did not know who was ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....otification under Notification (sic) vide Memo No. নিকস/(১/১(২৪)/২০১০/১৬৯ dated 02.12.2010 issued by the respondent No.1 under the sign (sic) of respondent No.8 for holding Pourashava Election including the names of Pourashavas namely Cox's Bazaar Sadar, Chakor......oter No.22 1373362050. The cause of action to file the writ petition as it appears from the statements made in the writ petition was that in exercise of power as conferred by section 17 of the Local Government (Pourashava) Act, 2009 and rule 4 of the Local Government (Pourashava) Election Rules, 201..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....tion, DMP, Dhaka alleging inter alia that the FIR named accused No.2 Md. Atiqullah Khan Masud on 19-4-1999 applied before the Rajdhani Unnayan Kortipakkha (RAJUK) for approval of a plan in respect of holding No.98 DIT road Malibagh under CS Plot No.642, of Mouza Khilgaon to construct a 15 (fifteen) ...... framed charge under section 5(2) of the Prevention of Corruption Act, 1947 read with section 109 of the Penal Code, 1860 against the appellant and Md. Atiq Ullah Khan Masud. The charge was duly read over to accused Md. Atiq Ullah Khan Masud and to which he pleaded not guilty and claimed to be tried..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....oth the parties examined witness and their documents were admitted into evidence. 7. The learned Subordinate Judge by the impugned judgment and decree dated 2-11-1996 decreed the suit on contest holding that the defendant Nos.1 and 2 (appellants) are not entitled to get any kabala deed exe......hy;ment and decree. 11. Upon considering the case of both the parties as made out in their respective pleadings we need to frame the following issues for determining the matter in controversy between the parties:— i) Whether the defendant decree holders have waived the..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Chunnu Vs. State, 2011, 40 CLC (HCD)
.... by post-mortem report and that the death was caused by those injuries. 26. Now the question is whether the involvement of Chunnu will come under section 302 of the Penal Code as an accused holding common intention under section 34 of the Penal Code as has been held by the Tribunal be......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
M.A. Bari Talukder Vs. Agrani Bank & others, 2011, 40 CLC (AD)
....titioner filed Writ Petition No.8731 of 2008 and obtained Rule. Ultimately, on hearing both the sides, the High Court Division discharged that rule by the impugned judgment and order dated 1.1.3.2010 holding mainly that since the suit was filed on 28.4.2004 the provision of section 47 of the Artha R...... respondent Agrani Bank but failed to repay the same as per stipulation and consequently on 28.4.2004 the loan granting bank filed Artha Rin Suit No.574 of 2004 in Artha Rin Adalat No.1, Dhaka for recovery of Taka 1, 19, 73, 255/- (One crore nineteen lac seventy three thousand two hundred fifty five..Category: Banking Law | Date: 14 Mar, 2011 | Hits: 247
Md. Nazim Vs. State, 2011, 40 CLC (HCD)
....the Sutrapur police station against the petitioner alleging inter alia that on 29.5.04 while the informant along with his forces were engaged in their duty, then at 19.30 hours in front of a house of holding No.48/K Dhalganagar, they challenged 2 boys aged about 14/15 years. One was able to flee awa......of Metropolitan Special Tribunal No.10, Dhaka for trial, who by the order dated 28.11.04 after taking cognizance framed charge under section 19A of the Arms Act against the petitioner, which was read over to the accused persons wherein he pleaded not guilty and claimed to be tried. 6. During tria..Category: Women and Children | Date: 13 Mar, 2011 | Hits: 133
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....re-N by respondent No.3 addressing to respondent No.4, Chairman of Grameen Bank. 2. In the impugned order dated 27.02.2011, it has been judged that it is not valid for the petitioner to continue holding the post of Managing Director of Grameen Bank and in view thereof he is not the lawful Manag......The petitioner, Professor Muhammad Yunus has preferred the instant writ petition under Article 102(2)(a) read with Article 44 of the Constitution of the People’s Republic of Bangladesh against the Government of Bangladesh, Bangladesh Bank, Grameen Bank and 13 others challenging the order issued vi..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....ke notice of this aspect of law. Therefore, we are of the opinion that the learned District Judge has committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the suit was not maintainable for not redressing the dispute through the arbitrato......chedule. The plaintiff then submitted an application on 11.03.2002 to defendant No.6 for withdrawal of the penalty arbitrarily imposed upon him but to no effect. Hence, the suit was filed for recovery of money amounting to total Taka 5, 19,258.00 being the deducted amount of Taka 3, 73,369.00 a..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....pportunity to appear and make their submissions on such statement of account and pass necessary order to its satisfaction. After such adjustment, the executing Court will be at liberty to proceed for holding fresh auction to sell the mortgaged property, if the decree is not yet satisfied. Let a......ty on the plea that a suit was pending. The relevant facts regarding non-selling of the pledged goods are admitted and as such the submission of the learned Advocate for respondent-bank that the controversy cannot be determined in writ jurisdiction, is not tenable. 10. Under the above facts and..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
......ndra Saha, 36 DLR (AD) 220; Muhammad Siddiq Muhammad Umar Vs. Australasia Bank Ltd, PLD 1966 SC 684; Arjan Singh Vs. Kartar Singh, 1951 AIR SC 193; Syed Abdul Khader Vs. Rami Reddy, AIR 1979 SC 553; Government of Bangladesh Vs. Noorjahan Khan, 8 BLT (AD) 1.
Lawyers Involved:
Abdul Wadud Bh..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... any affidavit-in-reply controverting the above fact. His learned Advocate rather has admitted the fact in a passive manner. 7. It appears that in the impugned auction notice, the date fixed for holding auction on 22.8.2010 has already expired and in that view of the matter the writ petition ha......e auction notice was published on 4.8.2010 in respect of the outstanding dues that was unpaid after passing of the said judgment. 6. The writ petitioner has not filed any affidavit-in-reply controverting the above fact. His learned Advocate rather has admitted the fact in a passive manner. ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)
.... a licence of a Nikah Registrar on regular basis from the Government after satisfactory performance as Nikah Registrar at least for three years. If there is any allegation against the Nikah registrar holding temporary license, the government is at liberty to hold an inquiry into the matter after giv......ing heard. When any person is given the temporary licence to perform the responsibilities of a Nikah Registrar, he will be entitled to have a licence of a Nikah Registrar on regular basis from the Government after satisfactory performance as Nikah Registrar at least for three years. If there is an..Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....wful authority and are of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to issuance of the Rule Nisi as follows: A holding of 7.51 acres of land appertaining to C.S. Khatian No.528 of Mouja-Joar Sahra, JL No.271 und......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Md. Nazrul Islam Talukder J Jamiul Hossain……………………Petitioner Vs. Government of Bangladesh & Others…………………………Respondents Judgment Februar..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
.... of the pregnancy or suicide in order to cover up the humiliation suffered by the victims. She points out that the employers, who are committing such heinous offences are very often well educated and holding high position in society and in government, and yet they are committing such offences with i......hat she made in and around the house. After the incident she became ill, but was kept confined in the house and on the third day, seeing her critical condition, the lady of the house took her to the government hospital. The doctors informed the police and the lady of the house was arrested.
3. A ..
Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
....application under Order VII, rule 11 of the Code of Civil Procedure and on considering the contents of the plaint was pleased to reject the plaint by his judgment and decree dated 29-4-2010 holding that the suit property was mortgaged to bank against loan and the Bank for recovery of its l......scharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner d..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....ioner, in his indiÂvidual capacity, asked for the loan of Taka 50, 00,000 and the complainant extended loan to the accused-petitioner accordingly. So, the question of joint liaÂbility of the person holding joint account, even if any, is not at all material. Moreover, the complainant had no reason ......50, 00,000 and the complainant extended loan to the accused-petitioner accordingly. So, the question of joint liaÂbility of the person holding joint account, even if any, is not at all material. Moreover, the complainant had no reason to know whether the cheque was required to be issued on joint si..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
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