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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ....... Lawyers Involved: M Amir-ul-Islam, Senior Advocate with Tania Amir, Advocate instructed by Mahmuda Begum, Advocate-on-Record—For the Appellants, (In all appeals). Ok-Kyung Oh, in person—Respondent No.3. (In all appeals). None represented-For Respondent Nos.1-2. (In all ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......re abscondence can not always be a circumstance which should lead to an inference of guilt to the accused. some times out of fear and self respect and to avoid unnecessary harassment even an innocent person remain absconding for sometime......................(78) Law is now well settled t..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
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: ......damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......2, 2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......2, 2011. Result: The petition is dismissed. Lawyers Involved: M.A. Sobhan, Advocate instructed by Nurul Islam Rhuiyan, Advocate-on-Record-For the petitioner. Abdul Malek (In person)-For respondent No.1. Not represented-For respondent No.2. Civil Petition for Leave..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
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. ......ssed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Nazir Vs. State, 2011, 40 CLC (HCD)
.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ......minal courts………...... (16) Judgment and order based on evidence of intersted witness not sustainable In a case where the informant and investigating officer is the same person, the informant is an interested witness and the impugned judgment and order based on the evid..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......r proceedings of the case. 2. Facts leading to this appeal, in short, are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent Nos.1-3 alleging inter alia, that she was a girl of 12 years and was a ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... action is running with formal defect, it appears that defendant Nos.4-8 claimed purchase from defendant No.1 whom authority found while correcting record of right of BS Khatian to be a fictitious person, did not admit that he sold land defendant Nos.4-8 and also to defendant Nos.9 and 10, as su..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
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: ......ive by the respondent no.3 vide it’s decision dated 10.02.2011(Annexure-A) without making either BGP (Bangladesh) International or BGP Inc., China National Petroleum Corporation a party or giving personal hearing, upon a review petition filed by the respondent no.8 purporting to be the sub-con..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. ......or sponsors are the original shareholders who floated the company. If the promoters transfer their shares then the transferees do not become promoter or sponsor shareholders. This right is a right in personam. This right can be enjoyed by the promoters so long they remain as member of the company&he..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. ......hen the property vested in the Government and since then whatever right the ex-owners had in the said three plots in respect of acquired portion of land ceased to exist. Neither the ex-owners nor any person claiming under them can claim any right or interest whatsoever in the acquired land. The acqu..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....nted with any other case. Send down the lower Court records at once. Md. Rezaul Hasan J.- I agree. Ed. This Case is also Reported in: 16 BLC (2011) 699, 31 BLD (HCD) (2011) 427. ......the petitioner was falsely implicated in this case at the instance of his enemies who set fire at his house upon which he initiated a criminal case against them and some of the F.I.R. named witnesses persons are accused of the said of this case, who managed to file this case after long lapse of time..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357.......nd perused the record. 7. At this juncture, we deem it prudent to refer to Section 138(1) of the Negotiable Instruments Act. Section 138(1) of the Act contemplates that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ......n the position of a sentinel at the door of criminal Courts in order that no irresponsible or malicious prosecution can pass the portals of the Court of justice. It is, therefore, essential that persons charged with the responsible duty of granting sanction, which is a duty of deciding whe..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
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: ......st to the bank. The defendant contested the said suit by filing a written statement denying all the material allegations made in the plaint by the plaintiff and stated inter alia that he is a disable person. He used to run his business in a rented shop with a name and fame. To extend his business he..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. ......and further asserted that if any shares was found to be transferred that was done by forging her signature. Despite of repeated request for getting back her shares there held no enquiry against those persons who were involved with the process of forgery. The plaintiff was not given back her shares. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......of the vessel or had any authority to enter into any agreement with the plaintiff. The plaintiff may realize his alleged claim of U$ 15,90,442.76 from the defendant no. 2 Kysco, Shipping Co. Ltd., in personem and since the plaintiff is a Korean Company and the defendant No.2 is also a Korean Company..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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: ......fore the claim of the plaintiff that he did not know anything about the arrival of the goods is false one made only to shift the liability to the defendant No. 8. The defendant No. 8 also through the personal contact with the plaintiff on several dates, informed and requested to retire the shipping ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64