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Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....assed to the buyer, the unpaid seller of goods, as such, has by implication of law— (a) a lien on the goods for the price while he is in possession of them; (b) in case of......nd (b) approve proper places in any custom station for the loading and unloading of goods or any class of goods." Section 2 (iii) read with section 9 (b) of the Customs Act define Customs Inland Container Deport. Section 9 (b) stipulates; "The places which alone shall be land cus......In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......and on the basis of those documents Customs Authority assessed the petitioner’s duty and tariff. Then, the petitioner on 9-2-2011 paid entire customs duty, VAT and other charges of the goods in question. But, the respondent No.4 did not deliver the aforesaid goods to the petitioner. 3. Mr..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....hich is a punishable offence under section 26(2) of the Anti-Corruption Commission Act, 2004. It is further stated in the FIR that he the properties allowed at Tk. 9,39,67,988 were also found in possession of the accused-petitioner, which appear to be disproportionate to his known sources of in......f the Anti Corruption Commission Act only and, as such, there is no bar to proceeding against the accused-petitioner under section 27(1) of the Anti-Corruption Commission Act, 2004 and this being the landscape, the impugned proceedings should not be quashed. 12. He then submits that investigati......ong with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......ion 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context, the imp..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20
Grameen Solutions Ltd. Vs. Registrar, Joint Stock Com¬panies and Firms, 2012, 41 CLC (HCD)
.... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ...... after its name dispensed with. But this order shall not absolve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......lve the company of its liability, if any, with anybody. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 186 ......e company was properly examined." 7. It thus appears from the record that some of the members are still inclined to keep their investment in the company, as it is. So, I have considered the question whether selective reduction, as proposed in above quoted special resolution, woul..Category: Company Law, Corporate Law | Date: 15 Oct, 2012 | Hits: 11
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....iyan transferred the aforementined total 15 decimals of land to the mother of the plaintiff, Meherunnessa Chowdhury, by a registered sale deed being No.54 dated 28.-08.1962 and thereafter handed over possession of the suit land. The said Meherunnessa Chowdhury while was possessing the suit land muta......e, Dohar Court, Dhaka on transfer which was renumbered as the title Suit No.191 of 2005 against the present petitioners contending that Ahsan Ullah Bhuiyan was the owner and possessor of 7 decimal of land appertaining in C.S. Khatian Nos. 168 and 16 and C.S. Dag Nos. 423, 433 and 434 corresponding t......d another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......s changed the record of right in the Revisional Survey (R.S.) in favour of the government which caused filing of the present suit by the plaintiff-opposite party in the trial court. 27. Here, the question arises how, when and after following what procedure the concerned authority changed the R.S..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ...... private company limited by shares, under the Companies Act, 1994 (the Act) to carry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to dispose the land, plot, apartments or shops by way of allotment, sale, rent etc; that it was stipulated in Artic......rties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ......5-2008 the tenure of 5 years will be expired on 7-5-2013. As such the board resolution dated 6-10-2011, whereby the petitioner has been removed, is totally ultra vires the power of respondent and the questioned resolution is liable to be cancelled as per provisions of clause a of sub-section (3) of ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....er." 2. The petitioner as plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, District-Panchagarh for a declaration of Title and confirmation of possession as well as declaration that the preparation of revisional records of right of the suit pr......dhiram Barman who is the CS recorded tenant. Dadhiram died leaving Aswani Barman and Tipri Barman, they are sister's son of Dadhiram Barman, Aswani Barman and Tipri Barman inherited the suit land along with other land as they are only heirs. Aswani died leaving his full brother Tipri Bar&sh......in: 18 BLC (HCD) (2013) 233. ...... made the Rule ready for hearing on 26-4-1987. 7. It transpires from the record that the revisional application is pending since long before and the subject matter of this application relates to questions of facts and the legal matters are involved in the case. However, since the Rule is of 198..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......mpetent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ......f with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ......o the writ petition that the petitioner’s title stemmed from Title Suit No.84 of 1969, which was filed by late Bashiruddin, who is the father of the vendors of 2.97 acres of land of property in question to the petitioners. It is the vendors' contention that their father, Mr. Bashir Uddin, ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
.... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ...... 8. From the impugned judgment and order, the submissions of the learned Advocate for the petitioner, the learned Advocate-on-Record and the learned Advocate for the respondents respectively; the questions which have emerged for decisions are: (i) Whether the provisions of the Ain, 2004 wer..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ...... this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ......ttagong should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Since both the Rules have arisen from the same CR Case and the common questions of laws and facts are involved in these Rules, they are heard together and are being dispo..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....ide and or such other or further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in respect of possession in the suit land.
3. The Rule is taken up for hearing. Mr. Md. Jahangir Alam, the le......r further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in respect of possession in the suit land.
3. The Rule is taken up for hearing. Mr. Md. Jahangir Alam, the learned Assistant Attorne......
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
October 7, 2012.
Result:
The Rule is discharged.
Section ......বে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Court of law stood abated as a whole and the Court has nothing to decide upon the question involved in the Rule. The Rule stood abated as a whole by statute and that cannot be re-ope..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....004. According to the allegation made out in the FIR and charge-sheet, the accused-petitioner had concealed property worth Taka 4,40,37,375 and the properties valued at Taka 7,38,64,287 were found in possession which was disproportionate to known source of income. Long after taking cognizance, ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......d a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ...... notice is also a nullity. Accordingly, continuation of the impugned proceeding is nothing but mere abuse of the process of the Court and, as such, it is liable to be quashed. 6. In reply to the question raised regarding non-applicability of the referred observations of the apex Court..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....ed property at Taka 4, 00, 46,250. The executing Court rejected the Ragib Ali's application and accepted the offer of Kutub Uddin. Kutub Uddin thereupon obtained a deed and prayed for delivery of possession. At this stage the judgment debtor moved Writ Petition No.5539 of 2004 and Ragib Ali also......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......rvations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......eleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......ated 5-5-2010 and the Bank as Well as its Board of Directors are under statutory duty to comply with4he provision of section 155(1) of me Act. (emphasis added) 22. Besides in this case, the question of increasing paid up capital within the limit of authorized capital, by making further iss..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
Jharna Begum and others Vs. The State, 2012, 41 CLC (HCD)
.... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... their respective bail bonds, forth with. Send down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ...... down the Lower Court Records with a copy of the judgment at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 20 ......sed appellants” 19. In the decision reported in AIR 1972 (SC) 535 it has been held as follows; "The real importance of this section lies in that it imposes a duty on the court to question the accused properly and fairly so as to bring home to him the exact case he will have to m..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....ts and some bank documents and kept him in their custody upto 3-4-2007 at 11-00 PM. Later he was dropped at his residence at 11-30 PM, by a black taxi cab from where he was again arrested showing the possession of arms and bank documents. 8. After trial the learned Judge convicted the accused a......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ......d. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174. ...... 36. We should bear in mind, credibility of testimony oral and circumstantial, depends considerably on a judicial evaluation of the totality, not isolated scrutiny. When dealing with the serious question of guilt or innocence of persons charged with crime, the following principles should be tak..Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10
Nazrul Islam Vs. State, 2012, 41 CLC (HCD)
....ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ed. Send down the lower Court records along with a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......th a copy of this judgment immediately for information and necessary action. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 114. ......ner when she along with her younger sister P.W.5 Asheda and cousin (sister) Taher were returning from Dinajpur after watching a cinema show. P.W.5 Asheda categorically proved the same now a pertinent question is involved if there is scope to quash the impugned judgment and order of conviction. ..Category: Criminal Law, Women and Children | Date: 29 Aug, 2012 | Hits: 8
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......omplainant filed a petition of complaint made allegation against accused-petitioner Md. Hedayetullah and others alleging that they in joint collaboration committed some forgery in respect of the land described in the complain. 3. On receipt of the complain the learned Magistrate took cogni......ated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ......arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272. ..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Khasru Ahmed Vs. State, 2012, 41 CLC (HCD)
....itnesses were reluctant to tell the truth in a bid to save the accused who was either their neighbour or relative. In the instant case Police officials proved the case of recovery of firearm from the possession of the convict appellant by such unimpeachable evidence…………&h......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ......f any, of his sentence, failing which the Tribunal below will secure his arrest and forward him to custody for the said purpose. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 83. ..Category: Arms Law | Date: 22 Aug, 2012 | Hits: 8
Kamal Vs. State, 2012, 41 CLC (HCD)
.... deposed in that the testimony given by the police personnel shall be discarded........(20) It is well settled that to constitute an offence under section 19A and 19(f) of the Arms Act conscious possession and actual control are required. Deposition police personnel must be supported by pu...... the informant of the case, he supported the FIR story, he identified the FIR Exhibt.2 and his signatures thereon which has been marked as Exhibit 2/2 and the arms has been marked as material Exhibit land ammunition is material Exhibit II. In cross-examination, he denied the suggestions given by the...... down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ......wanted in connection with any other case. Send down the lower court records and communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ......is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148. ...... 15. Mr. Rokanuddin Mahmud also argues that the license itself is not a services, but it unable and entitle its holder like the petitioner to render a service. He also submits that the license in question is not a service within the meaning of the Value Added Tax Act, 1991, therefore, not vatabl..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
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