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Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
.... the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......nce. The accused A.K.M. Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then transferred to the Court of Sessions Judge, Dhaka and at the time of hearing of discharge application under section 265C of the Code of Criminal Procedure, the......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....th the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......g his majority and, as such, he cannot be added as party, has no basis. On the other hand, the learned Advocate for the respondents herein submitted that since the applicant was minor at the relevant time his father cannot sell his property and, as such, he a necessary party in the suit and for prop......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....enda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
......7864(2154) dated 02.06.1999 as a Public Limited Company. The authorized capital of the company was taka 100 crore divided into 1, 00, 00,000 (one crore) ordinary shares of taka 100.00 each and at the time of incorporation, its paid up share capital was taka 22, 50, 00,000-00 (twenty two crore fifty ...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....ering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......tablishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner ......he mortgaged property even the cheque(s) returned unpaid as argued by Mr. Chowdhury. 15. A close reading of sub-section (1) of section 138 of the Act, 1881 shows that it has nothing to do with the recovery of loan amount. The whole scheme of the law as discussed hereinbefore, is to haul up the ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......letter requested respondent No.11 to take necessary steps in this regard. Respondent No.11 thereafter, paid balance auction amount after deducting Tk.7 lakh which was deposits respondent No.11 at the time of bidding as earn money. The Bank on receipt of the auction money from respondent No.11, trans......stries along with the Company for rehabilitation. Meanwhile, the Bank on 21-3-2001 instituted Title Suit No.69 of 2001 before the Artha Rin Adalat No.1, Dhaka (hereinafter stated as the Adalat) for recovery of loan amounting to Tk. 4,59,97,042 as stood on 31-1-2000 and interest therein till realiz...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....harged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......ctim and the accused were residing. He is a hearsay witness. P.W.6, Dr. Gopendranath Acharjee, in his deposition stated that he was serving at Rajshahi Medical College Hospital at the relevant time on 5-6-2010 and on that date he examined the victim Shabana, while he was on duty; that he issu......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... others…………............Defendant-respondents Judgment April 3, 2012. Result: The appeal is allowed. Lawyers Involved: T. H. Khan, Senior Advocate with Md. Jalal Uddin and Mahmudul Alam Bhuiyan, Advocates-For the appellants. S. S. Sarker,......by the concern authority, according to the provision of 144 of the State Acquisition and Tenancy Act. The government owned and possessed the suit schedule land, as such, no objection was filed at the time of revisional survey in S.A. plot No. 166, 167, 172, 173 and 171 and the same was recorded as R......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
....t April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. Judgment Md. Ruhul Q......d by law in any British possession or Foreign State to which the provisions of the one hundred and third section of the Patents, Designs and Trade Marks Act, 1883, are under Order-in-Council, for the time being applicable. “479. A mark used for denoting that moveable property belongs to a...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)
....ded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ......to try any other related offences simultaneously if it is necessary to try them together for ends of justice. Therefore, there was apparent oversight on the pan of the Bicharak of the Tribunal at the time of framing the charge. There is no bar for the trial to proceed against the appellants for the ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5
Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)
....me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Md. Mostafa………………………Petitioner Vs. Bedena Khatun and another………………………Opposite Parties Judgment April 1, 2012. Result...... was transferred to Nari-o-Shishu Nirjatan Damon Tribunal No.2, Bogra. Learned Judge of Tribunal No.2 heard the case on 27.3.1997 regarding framing of charge and fixed 30.3.1997 for order. In the meantime, the accused-petitioner moved in this Court with the instant criminal miscellaneous case for qu......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158
....distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
......cturing the Government machinery and reorganizing the Mujibnagar Government accepted the Mujibnagar Employees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing instructions to recruit Mujibnagar Em...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
...... that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 113.
..
Category: Employment/Service Law | Date: 22 Mar, 2012 | Hits: 151
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ...... to the plaint. The case of the plaintiff, in short, is that suit land originally belonged to Nasiruddin Mridha who gifted some land to his wife and sons in 1970 by registered deeds. At the time of War of Liberation, Durgapur Sub-Registry Office was burnt to ashes so the originals were bur......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Abu Azam Md. Yunus Miah and another Vs. State, 2012, 41 CLC (HCD)
....rt records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......Case No.18 dated 11-7-1980 under section 148/448/366(a)/366/380/324/323 of the Penal Code was started. In the First Informant Report it was alleged that the present accused-petitioners on the day and time of occurrence being armed with various deadly weapons entered into the premises of the informan......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ......rdingly, the Rule is disposed of. Send down the lower Court records to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 74. ..Category: Criminal Law | Date: 19 Mar, 2012 | Hits: 7
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....t in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......t Board for a limited period and Nabid Ali being a dakhalkar under said Abdul Latif and there being no materials to show that either Abdul Latif or Nabid Ali was in possession of the suit land at the time of acquisition of rent receiving interest under SAT Act, thus the plaintiff has not acquired an......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ......the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
.......Defendant-Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Co...... Subsequently, the plaintiff made payment rest of the amount on 23.01.2006 and filed Title Suit No. 1449 of 2008 for specific performance of contract against the defendant No. 10.
7. In the mean time, the defendant No.2 received some money from a third party with a condition to sale of shares o......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
......39;s records along with a copy of this judgment at once.
Nozrul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 18 MLR (HCD) (2013) 289, 19 BLC (HCD) (2014) 18.
..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....n accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......consistent findings and observations which justify examination of the same by this Division, inasmuch as, the High Court Division held that the plaintiffs' suit abated as a whole, and by the same time, it remanded the said suit to the trial Court for fresh decision. Learned counsel argued that t......974 executed by the defendant No.2 in favour of the defendant No.1, Azizul Islam, who also instituted Title Suit No.225 of 1983 renumbered as Title Suit No.89 of 1999 for declaration of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence c...... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....end down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......the plaintiffs appellants, submits that, plaintiffs through registered instrument purchased the suit property before liberation of Bangladesh and chain of title having not been broken at any point of time, trial court ought to have decreed the suit. Learned Advocate further submits that, it is admit......tated their names and possessing the same. The Government issued eviction notice on 15-7-2002 as per provision of section 5(2) and (8) of Bangladesh Government and Local Authority Lands and Building (recovery of possession) Order 1972 (PO 85 of 1972) directing plaintiffs to give delivery of possessi......s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
....rants Commission (UGC) and others........Respondents
Judgment
March 14, 2012.
Result:
The rule is made absolute
Lawyers Involved:
Md. Badruddoza, Advocate—For the Petitioners.
Mahbubey Alam with ABM Bayezid—For the Respondents No.1, 4......nd the functions of the universities inasmuch as, both of them are the statutory bodies having equal status in the eye of law. He submits that the UGC acted bonafide and in accordance with law at the time of permitting the PSTU on 29-9-2011 to open up the new Department but its subsequent action in ......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
......gy University be allowed to continue with their regular studies accordingly.
However, there shall be no order as to costs.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 166.
..
Category: Others | Date: 14 Mar, 2012 | Hits: 5
.... for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
...... the writ respondent Nos.2-6 treating her as defaulter of loan under borrower Code No.161447. She claimed that she is the Chairman Meghna Insurance Co. Ltd. and operating her business for a long time with reputation. On 21st May, 2003, the writ respondent No.7, Industrial Promotion and Developm......panies Act, then the position would be that, a guarantor who gave surety to repay certain bank loan but failed to pay within the time agreed upon, no mechanism or machinery prescribed by such law for recovery of the loan from such guarantor and thereby the guarantor would escape from his guarantee, ......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
....mpugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......the learned Attorney General for the petitioners and Mr. Mahmudul Islam, the learned Senior Counsel for the respondents.
8. Mr. Mahbubey Alam has made submissions to the effect that at the time of hearing of the rule before the High Court Division none on behalf of the petitioners could......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
......d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
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