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Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....an application under Article 102(1) & (2) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10......shy;tion. 24. The kernel question in this Rule Nisi is whether the respondents individually or jointly holding the petitioner's goods in questions without lawful authority. 25. From the record it appears that the petitioner opened a Letter of Credit being No. 209610010034 dated 18-3-20......nd documents are not acceptable." 47A:(13) "Beneficiary's certificate confirming that one set of non negotiable documents has been sent to directly to the applicant by courier service within 7 working days after shipment." 26. But, the bill of lading dated 15r4-2010..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
.... with law. Let the lower Court's record along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 1. ......tioner under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004. 4. During investigation of the case, one Md. Aftab Uddin, Deputy Assistant Director, Anti-Corruption Commission recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure and col......section 26(1) is a legal requirement and pre-condition to proceed against any person under section 26(2) of the Anti-Corruption Commission Act, 2004. But there is nothing in section 27 requiring service of any prior notice for initiation of a criminal proceeding under this section. So, the offe..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 ......ith the learned Advocate Sajeda Farisa Kabir for the petitioner, having placed the petition for confirmation of reduction alongwith documents annexed therewith as well as other materials on record, submits that after the proposed reduction of share capital and share premium account, the co...... 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 ..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)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......enue Survey the suit property has been mutated in the name of the present defendant-petitioners government and she was denied to pay rent (খাজনা)for the suit land. After confirmed about the recording of the Revenue Survey (S.A.) in the name of government, the present plaintiff-opposite par......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..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 ......, nor any notice served upon him. 4. The learned Advocate Mr. Jashimuddin Ahmed appearing along with the learned Advocate Mr. Md. Zakir Hossain, having placed the petition and other materials on record and particularly drawing my attention to Article 32 of the Articles of Association ......) of section 3 alongwith Rule 8 of the Companies Rules, 2009. I find no lack of jurisdiction of this Court to pass an appropriate order to hold the questioned board meeting unlawful for non-service of the statutory notice, as required to be served as per provisions of diction 95 of the Act..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ...... matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. Justice would be done if a direction be given upon the Court below to disposed of the suit ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Bangladesh and others Vs. M/S. Sanker Kumar Das, 2012, 41 CLC (AD)
....llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ......2002. 8. We have considered the submissions of the learned Counsel appearing for the parties concerned and perused the impugned judgment of the High Court Division and other connected papers on record. 9. In the impugned judgment, the High Court Division has observed that it appears from......llegality or infirmity in the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: ..Category: Others | Date: 10 Oct, 2012 | Hits: 144
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. ......in Chowdhury (iii) Ahmed Chowdhury and (iv) Nasiruddin and charge-sheet against two accused, namely: Farid Uddin and Iqbal Uddin. The Magistrate concerned accepted the police report and sent the case records to the Sessions judge, Sylhet who registered the case as a Sessions case. Subsequently, on 1...... 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. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... of law and in that count, the impugned proceedings cannot be quashed and in this regard, the submissions made by the learned Advocate for the accused-petitioner Engineer Afsaruddin Ahmed do not hold good and the same fall through. Accordingly, the decisions referred to by the learned advocate for t......881 after complying with all the requirements of law. Hence, this case against the accused-petitioners under sections 138/140 of the Negotiable Instruments Act, 1881. 4. It appears from the record of the case that the accused-petitioner Engineer Afsaruddin Ahmed in Criminal Miscellane......e miscellaneous cases, submits that all the Directors and the chairman of the company have been implicated as accused in the instant case and that notice was served upon accused Nos.1-3 and, as such, service of notice upon the three Directors amounts to service of notice upon the company and in that..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
....g the Government of Bangladesh, represented by the Deputy Commissioner, Dhaka contested the suit by filing written statement contending inter alia that the owner of the property migrated to India for good before 1965 and the property was vested with the Government as per law and that the RS Khatian ......ation of title in the suit land and further it was stated that they purchased the property from Dilip Kumar and Prodip Kumar and their vendor purchased the suit land on 2-11-19962 from one Rojcit, SA recorded tenant and said Rojot got the suit land by way of settlement from original owner Manikko Su......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....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. ......he Anti-Corruption Commission Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with his legal counsel. In consequence of detention order dated 5-7-2007 under t......e same notice was used to bring allegation under section 27(1) as well, such offence cannot be dealt with separately. Consequently, the impugned proceeding as a whole is liable to be quashed for service of illegal notice under section 26(1) of the Anti-Corruption Commission Act, 2004 and, as su..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Mirza Abbas Vs. State, 2012, 41 CLC (HCD)
....earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ......o competence to pass any direction upon the respondents not to arrest or harass the petitioner without due process of law. 4. We have heard the learned Advocates of both the parties, perused the record and other documents. 5. It appears from the FIR that the name of the petitioner has not ......earned Chief Metropolitan Magistrate, Dhaka." With the above observation and direction we dispose of the application. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 164. ..Category: Criminal Law | Date: 4 Oct, 2012 | Hits: 7
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....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. ......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. ......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. ......n of delay. 3. It appears that by an order dated 21-5-2012 the aforesaid Md. Abdul Mia (who had filed Title Suit No.189 of 2011) was added as respondent No.3. 4. It further appears from the record that pursuant to an order dated 30-7-2012 the respondent has filed certain documents today an......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. ..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 ......sely implicated with ulterior motive and the so called occurrence has not been committed by the appellants. 5. After hearing the parties and on consideration of the evidence and the materials on record and in view of the facts and circumstances of the case the learned trial Court came to the fi...... 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 ..Category: Criminal Law, Women and Children | Date: 9 Sep, 2012 | Hits: 3
Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)
....osecution. 30. In cross-examination by the prosecution he denied that he signed in the seizure list after recovery of arms from accused Babul, and did not depose against accused as he had a good relation with him. The defence declined to cross-examination him. On query by the Court he stat......handed over him to Gulshan Police Station with those seized alamats. Then the prosecution was launched by lodging a FIR by SI Md. Roushan Ali (P.W.3) as informant making arrestee as accused which was recorded as Gulshan PS Case No.11(4) of 2007 corresponding to GR No.364 of 2007. 3. The Police,......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. ..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. ......at house. Taking advantage of his absence she fled away from the clutch of the accused-petitioner and after returning home narrated the occurrence to her parents. On the basis of the said information recorded by the OC, Dinajpur, Kotwali Police Station case No.23 (3) 1996 (GR Case No.419 of 1996) wa......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. ..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. ......d obtained the present Rule. 7. No one appears to support the Rule. In view of facts this is an old case of 1996, we are inclined to take it up for disposal on merit considering the materials on record. 8. The learned Assistant Attorney-General appearing for the opposite-party opposes......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)
....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. ......itted charge-sheet against the appellant for the offence punishable under the aforesaid section of law. The offence being subject to cognizance and exclusively triable by a Special Tribunal, the case record was transmitted to the learned Sessions Judge, Ex-officio senior Special Tribunal, Comilla wh......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)
....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. ......ter investigation police found prima-facie against the sole accused-person and submitted a charge-sheet being No.39 dated 5-2-2003 under section 19A and 19(f) of the Arms Act 1878, and the case record was transmitted to the Metropolitan Special Tribunal No.7, Dhaka for trial and registered as ......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
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