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State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....ated that he visited the spots but the locals did not specifically mention the name of exploders and he did not mention the name of the accused in ejahar. He stated that ejahar was not written by his hand but his dictation and he could not remember who has written the, seizure lists. 19. P.W.2,......fore the statement of accused shall not have the effect to bind them nor could it be binding an other co-accused, ever if there is any element in the evidence lending assurance to such statements Moreover, the confession of one co-accused can not be used for corroborating the confession of another c......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. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
....out of which the plaintiff is entitled to 10000 M.T. of CDSO and as such the defendant No.1 vessel is liable to compensate the plaintiff for the short fall of 76.076 M.T. of CDSO. 16. On the other hand the learned Advocate Mr. Muhammad Ohiullah argued that the Ullage survey report at the load por......nk Limited, Principal Office, Dilkusha C/A, Dhaka, for import of 10,000 M.T. (CDSO) from ANDRE (CAYMAN ISLANDS) TRADING CO. LTD. at a price of US$ 445,000.00. The Plaintiff obtained marine Insurance Cover Note No. CGIC/BBA/MC-112/05/99(CO-INS) dated 12.05.1999 from the City General Insurance Company...... 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
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....endant No.14 there is no mention of baina, there is no mention of 6 dags in kabala'. It is observed by the learned Sub-ordinate Judge that price of land shown in the baina at Take 12,000 on the other hand, in the exhibit, it is showing at Taka 20,000 as price in the kabala and plaintiff's Advocate s......y the sons of their vendor as P.W.2 and 3 have denied the case of undertaking, as such, the plaintiff's case for specific performance of a contract having not been proved, plaintiff acquired no title over the suit property. Learned Advocate further submits that suit for specific performance of a c......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad & others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113; Abdur Rashid Sarker (Md.) and others Vs. Dines Chandra Das and others, 58 DLR (AD) 159; Samad Sikder @ Somed Sikder Vs. State, 50 DLR (AD) 24; Nowbu......-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on different occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with her husband at different places and so she could not visit ......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
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....shall totally make the section itself nugatory……………………(12) Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- ......he holder in whose favour it was issued. So, by no means, a crossed cheque “account payee” looses its character as a negotiable one within the meaning of section 138 of the Act, 1881. Moreover, section 13 of Act, 1881 which has defined “Negotiable instrument” has not made any......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
Nazir Vs. State, 2011, 40 CLC (HCD)
....eading towards the place of occurrence from Dhaka. At the time of searching the baby taxi, 5 suspected persons tried to flee away from the baby taxi. However, the informant and others caught them red handed and carried out a search and recovered a pipe gun loaded with one round bullet from the waist......from Dhaka. At the time of searching the baby taxi, 5 suspected persons tried to flee away from the baby taxi. However, the informant and others caught them red handed and carried out a search and recovered a pipe gun loaded with one round bullet from the waist of the convict, namely, Akram, 9 Cockt...... 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. ..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....s. Md. Kabir Hossain and others...........Respondents Judgment June 6, 2011. Cases Referred to- Abdus Salam Master alias Salam and another Vs. The State 36 DLR (AD) 58; Jotish Das Vs. Chandan Kumar Das, 4 BLT (AD) 258. Lawyers Involved: Not represented- the appellant. Shah Ab...... was going to Madrasha to learn Arabic. Respondent No.1 took her to his house and violated her chastity against her will. Thereafter, she was taken from one place to another and ultimately she was recovered from the maternal house of respondent No.1 on 3.5.2004. On the following day, she went to Gol......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: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....- State Vs. Mozammel and others, 9 BLC 163; Rokeya Vs. State, 5 BLC (AD) 86; Abed Ali Mia Vs. Islam Miah, 12 DLR 578; S.M. Faruque Vs. state, 28 DLR 192; State Vs. Azharul Islam, 3 BLD 387; Gopal Chandra Vs. State, 9 BLD 358; Nawsher Mollah Vs. State, 11 BLD (HD) 295, 39 DLR 16; State Vs. Manu Mi......The accused appellant was granted bail and he faced trial. The Tribunal framed charge against the accused appellant under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. The charge was read over to the accused appellant who pleaded not guilty and claimed to be tried. 6. The prosecution ......ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
....s, 25 DLR 485; Mir Golam Kibria Vs. Rayn Promatha Deb Ray, 39 DLR 586; Kanta and another Vs. Goya Proshad, AIR 1972 All 143; Khawaja Neamatullah and another Vs. Khurshidi Begum and others; Shyamal Chandra Roy Vs. Probhat Chandra Roy, 51 DLR 504; Shahabuddin Ahmed Vs. Upazila Education Officer, B......dant No.1 to anybody else except them. Defendant No.4-8 and defendant No.9 and 10 made contradictory statements as to the sale of land. It is further found from record that defendant No.1 sold an over 0.8800 acres of instead of 0.7187 acres to defendant Nos.4-8 and defendant Nos.9-10 making sa...... 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. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....his Case is also Reported in: ...... sewerage lines linked with river Buriganga and/or pass such other or further order or orders as to this court may seem fit and proper.” 2. Human Rights and Peace for Bangladesh, a non governmental organization has mooted this petition to project the melanchoni that River Buriganga ha......nga, day in, day out, leading its water to doom and gloom. The report has it that disaster would flare to an endemic proportion in no time if measures are not taken to improve the city’s sewerage management without delay. It has been suggested that priority should be given to stop chemical and..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....2009 along with the documents showing its experience /expertise in the respective field. In this connection drawing attention to Annexure-D to the writ petition he further contends that at the left hand corner of the cover page there is a logo of BGP Inc. CNPC. Moreso, the documents relating to ...... part of the internal organizational structure of the petitioner-Company the petitioner, before submitting its technical proposal(RFP) and before the respondent no.8 filed objection, under it’s cover letter dated 10.06.2010 along with a letter dated 24.05.2010 and a statement dated 31.05.2010,......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: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....s of the company shall be elected by the members from among their number in general meeting. Schedule 1, Regulations 80, 81 (dealing with rotation of directors) and 61 (stating that on a show of hands every member present in person shall have one vote of the Companies Act are compulsory re......ant Section 81 of the Companies Act, 1994 provides that, Statutory Original Jurisdiction of the High Court Division has the power to condone the delay in holding AGMs, which have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debit......o elect sponsor directors and vice versa. The answering respondents categorically stated that the litigations referred to by the petitioner have no manner of relevance with regard to the present management and the petitioner has failed to disclose any real and genuine cause of apprehension to j..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....nd the record of the same are also maintained. Nowhere it has been stated that, the bank records has shown that the accused-petitioner was the holder of those two accounts. 10. On the other hand, the allegations that the aforesaid two account holders are friends of the petitioner or t......e impugned proceeding is liable to be quashed at the inception without further prolongation. He also submits that, the sanction accorded by Memo No.23.40.04.04.01.126.2002-579 dated 26-8-2002 by the government is tainted by bias and the same has been issued without application of mind and this is no......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ection 15 of the Building Construction Act, 1952 but the writ petitioners without resorting to the statutory remedy have challenged the actions of the appellants. 8. Mr. Mahmudul Islam, on the other hand, supported the judgment of the High Court Division and submitted: "a) the attempt to demo......) 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
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....er 2-3 months of the occurrence she was feeling vomiting tendency, but she did not disclose the fact even to her mother. She further stated that accused committed rape upon her by tying her mouth and hand with Gamsa, “পৃথক গামছা দিয়ে হাত বেধে পিট......o cause of delay. She further submits that the allegation of commission of rape upon a girl of 12 years by a person aged about 55 years in a densely populated area in the morning is unbelievable. Moreover, as it appears from the evidence on record that the house of the accused is situated adjacent t......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. ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....ladesh (ibid) and others; Bangladesh Legal Aid and Services Trust and others Vs. Bangladesh and others, (2011) 63 DLR 01; Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another (1999)51 DLR (AD)172; Khandoker Delwar Hossain, Secretary, B.N.P. and others vs. Bangladesh Italian Marble Works Ltd., Dhak......llip;…..Appellant (In Civil Appeal No.593 of 2001)
Moulana Abul Kalam Azad…………………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Re......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....s punishable under Section 420 of the said Code; but from legalistic point of view, the proceedings of the case pending in the Court below are an abuse of the process of the Court. 5. On the other hand, Mr. Shirajuddin Ahmed, learned Advocate appearing on behalf of the complainant-opposite-party ......initiate a criminal proceeding against them under Section 420 of the Penal Code, if he is so advised. Besides, the door of the Civil Court is always open to the complainant-opposite-party no. 2 to recover the loan amount of Tk. 30 lac by filing a Money Suit against the party concerned. From the f...... 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...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....osited with the defendant No. 1, namely Pubali Bank Ltd., Head Office, 26 Dilkusha Commercial Area, Motijheel, Dhaka. (b) The plaintiff made a number of requests to the defendant Nos.1-4 to hand over her share to her but with no result. She came to know by the by on 21-5-1990 that, the def......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......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. ..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)
....09 10 Statement of delivery letter 2(a)(b), 6(a),7(a) and 8(a) Signatures. On the other hand the defendant Nos. 1 and 3 examined Mr. Mehedi Hasan an Advocate of this court being the consti......e defendant No.2, to re-deliver the vessel. As the defendant No. 2 i.e. the charterer is about to go bankruptcy, the plaintiff has no alternative but to institute the instant suit in Bangladesh to recovery their legitimate dues. 7. The Admiralty suit 19 of 2003 was contested by the defendant No......a, is that the plaintiff is a company incorporated in South Korea and engaged in shipping business as Ship Manager and ship managing agent who in course of its business upon a negotiation made a ship management agreement with the defendant No.2, the disponent owner/charterer regarding the vessel M. ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....h those cases become emotional and partisan and Sympathetic to the women. Now a days it is admitted by most the jurists that this very law has been rampantly misused and in most of the cases police handles those cases recklessly and submit charge sheet implicating the relations of the principal ac......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447.......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
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