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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 ......s such RFP submitted by the petitioner-company on 10.06.2010(Annexure-F) is unlawful, hence BGP (Bangladesh) International has been rightly declared as non-responsive. 23. As has already been noted above, a complaint cannot be made by a sub-contractor against a short listed contractor in vi..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......losure period, as the case may be. 26. Mr. Imam, the learned counsel submitted that this Court has power to fix a new record date in accordance with the above provisions of law. It is to be noted that both the company and the chairman of the company in this affidavit-in-oppositions have co..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......ndoned the past and closed transactions, though provisionally. 19. In the Seventh Amendment Case, although, we provisionally condoned the past and closed transactions but it was deprecated and a note of warning had already been sounded in the judgment of that case that this kind of indulgence m..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
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......ion, has acted with clear bias, inspite of the fact, that the TT related documents bore nothing to connect the petitioner with the questioned telegraphic transfer of money. 13. We have also noted the ratio of the case between Indu Bhushan Chatterjee Vs. State, AIR 1955 Calcutta 430, wherei..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......it to demarcate the acquired land and having no nexus with the prayer in the rule and as such the judgment is illegal and may be set aside. (b) the notice issued upon the writ petitioners clearly denotes that it was issued under section 3B of the Building Construction Act, 1952 for demolition of t..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......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......itution and the laws of the land. If so, it would be in total negation of the spirits enshrined in our sacred Constitution.
14. In the back-drop of the oath of office of the Judges and the above noted provisions of the Constitution we are to read Article 101 and Article 102 of the Constitution...
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 ...... 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
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....ccused-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council was also accompanying him. That, on 20-5-1999 another amount of Taka 7,00,000 (seven lakh) was also handed over to the accused petitioner by Md. Habibur Rahman himself, in the office of the accus......ection (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word 'স্বাধীন' or "independent", has been used in sub-section (2) of section 3, denotes independence from external pressure or influence, a duty to act neutrally i.e. without be..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
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...... acquiescence. In view of the above' the suit was liable to be dismissed as being barred by waiver. Accordingly this issue is decided affirmatively against the plaintiff. 25 (f). It is to be noted her that from the statements made at paragraph No.10 of the plaint it is admitted that th..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......iff company supplied all kinds of supply to the defendant company in terms of the agreement for the period commencing from October, 2008 to April, 2009 and sent invoices, statement of accounts, debit notes and other documents along with the concerned receipt signed by the master of the defendant No...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...... learned Judge of the Nari-o-Shishu Nirjatan Damon Tribunal by passing the impugned judgment has crossed her judicial discretion and she must remember that she is a Judge not Arbitrator. We regret to note the above act and we expect that in future the learned Judge who is dealing with the Nari-o-Shi..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....f Samudrajatra shipping Lines Ltd. dated 23.8.93 12 Letter of Ace traders dated 5.8.93 13 Letter of People’s Insurance Co. Ltd. On the other hand the defendant No. 4 examined Mr. Anisul Mawla as D. W. 1 who exhibited the following documents;...... 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 3-12-..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)
....র্থ ভিন্নভাবে বা সুনির্দিষ্টভাবে ব্যবহারের উপযোগী হয়; ........................... 9. On the other hand, a construction company is defined in the second schedule to the Act under the heading S004 wit...... Court Division in Writ Petition No.1953 of 1996, is set-aside and the appeal is allowed, however, without any order as to cost. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 119. ..Category: Fiscal/Taxation Law | Date: 26 Apr, 2011 | Hits: 217
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....ellant at no point of time, was in charge of the godown, or kept the key with him. In any view of the matter, the appellant cannot be held liable for the shortage of stock, if any. 8. On the other hand, Mr. Md. Shohrowardi, learned Deputy Attorney General appearing for the State referring to the ......side. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....um. In crossexamination he stated that he recorded the statement on blank paper. It was not mentioned as to where she made the statement and whether she made it voluntarily. 15. P.W.11 Nikhil Chandra Mondal, the then Officer-in-charge of Babuganj Police Station and Investigating Officer state......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....urt by way of granting leave. 10. Mr. Fida M. Kamal, learned Counsel, appearing for respondent Nos.11-13 and Mr. A. J. Mohammad Ali, learned Counsel, appearing for respondent No.10, on the other hand, have contended that the whole purpose to file the writ petition by the petitioner was to ......we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
....c) that the defendants claimed their land from Meher Mondal, who allegedly got it by deed No.7374 dated 22.5.1967, but they failed to produce any khatian or rent receipt in their favour. On the other hand, the plaintiffs produced two R. S. Khatians in their predecessors’ names (vide exhibit-1 seri...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
....accused asked for Tk. 10,000/- but hearing negative sound, the accused being infuriated assaulted upon the victim with a Ram dao, with intent to kill her. Then the victim tried to save herself by her hand, her wrist of right hand got cut and it was hanging and the complainant fell on the ground. Soo...... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....sing of the evidence of the prosecution the convict appellant Md. Atiq Ullah Khan Masud was examined under section 342 of the Code of Criminal Procedure where he again pleaded innocence. On the other hand, the present appellant ATM Qumruzzaman Khan was absconding. 6. Con......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
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