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BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ion of the People’s Republic of Bangladesh, the respondents have been called upon to show cause as to why the decision of respondent no.3, communicated under memo no. IMED/CPIU/RP-01/90-2011/151 dated 10.02.2011 (Annexure-A), purporting that the petitioner, amongst others, is non-responsive ag......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:  ......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)

....be elected in the manner as prescribed in the Rule. In the Insurance Rules there is no provision of election of directors of sponsor directors, so this silent aspect of Insurance Rules does not invalidate the provisions of Articles of Association for electing directors as any of the provision of the......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. ......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. ..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)

....1997. Judgment Afzal Hossain Ahmed J. - This appeal, at the instance of the convict, Sk. Nurul Islam @ Md. Nurul Islam, is directed against the judgment and order of conviction and sentence dated 11.9.1997 passed by the learned Divisional Special Judge, Khulna in Special Case No.38 of 1994...... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misappropri­ated the said amount of public money of the Doulatpur Upazila Parishad by dishonestly preparing through a cheque being No. Jha 0443259 dated 2.8.87 and obtaining signatures of the concerned authorities ther..

Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157

Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)

.... the Defendant-Respondents. First Appeal No. 635 of 2000. Judgment Obaidul Hassan J.- This appeal is directed at the instance of the plaintiff-appellant against the judgment and decree dated 06.04.2000 (decree signed on 10.04.2000) passed by the Subordinate Judge, Artha Rin Adalat, Bo......t record. 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: ......r, on 03.03.1997 the defendant No.1 withdrew Tk. 2,00,000/- and, thereafter, on 21.03.1987 again he withdrew Tk. 2,00,000/- and, thereafter, as cash credit pledge loan he withdrew Tk. 4,00,000/- by a cheque. Thereafter, upon an application of the defendant the loan amount was increased from Tk. 6,00..

Category: Banking Law | Date: 18 May, 2011 | Hits: 209

Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)

....or the Respondent Nos.1, 2 and 4.  Not represented—For the Respondent Nos. 3, 5-6 and 8-9.  Civil Petition for Leave to Appeal No.1816 of 2010. (From the judgment and order dated 13-11-2008 passed by the High Court Division in Writ Petition No. 6488 of 2008). Judgment......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. ......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. ..

Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267

S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Farah Mahbub J. -  In this Rule under Article 102 of the Constitution of the People’s Republic of Bangladesh the respondents have been called upon to show cause as to why the impugned order dated 22.07.2008 passed by the respondents releasing the petitioner from service on accepting his ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ...... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

....tance the accused-petitioner, has been issued calling upon the opposite party to show cause as to why the entire proceeding of Special Case No.89 of 2002 arose out Motijheel Police Station Case No.54 dated 17-06-2002 under section 5(2) of the Act II of 1947 read with sections 420/206/242 and 109 of ......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. ......s been initiated only out of political rivalry, is appar­ently vexatious, oppressive, harassing and intended to ascribe disrepute to the public image of the peti­tioner who has been bearing a chequered and unblemished political career since pre-liberation era and who was one of the organizer..

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)

....inasmuch as, all subsisting right, title interest in the acquired part of land stand extinguished and vest absolutely in the acquiring body free from all encumbrances on and from Gazette Notification dated 31 May 1951, under section 5(7) of the Act, 1948. b) the disputed land comprised in C.S. Plo...... 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. ......iated manner". The High Court Division is of the view that since 60 families have been possessing in the disputed buildings by purchase from the writ petitioners, who have no knowledge about the chequered history of the property and their interest cannot be affected, who are bonafide purchasers..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....852 of 2007. Judgment Md. Shamsul Huda J.- The instant rule was issued on 13.2.2007 calling upon the opposite party to show cause as to why the judgment and order of conviction and sentence dated 30.3.2005 passed by the learned Judge, Nari-0-Shishu Nirjaton Domon Special Tribunal No.1, Dha......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. ......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

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....ল-মারুফ।- As amici curiae 5 (five) Olayma Kerams.  (As referred by the Islamic Foundation) Civil Appeal Nos.593-594 of 2001. (From the judgment and order dated 1st January,2001 passed by the High Court Division in Writ Petition No.5897 of 2000). Jud......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......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)

.... loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was presented for encashment with the Janata ......851 dated 02.04.2009 for repayment of the loan. The cheque was presented for encashment with the Janata Bank Ltd., Bayzid Bostami Road Branch, Chittagong on the selfsame date (02.04.2009); but it was dishonoured on the ground that the drawer's signature differed. At a subsequent stage, as per the as......n the stipulation that he would repay the loan within a period of 6 (six) months. However, on behalf of the husband of the accused-petitioner, she (accused-petitioner) provided the complainant with a cheque of Tk. 30 lac bearing no. 6669851 dated 02.04.2009 for repayment of the loan. The cheque was ..

Category: Banking Law | Date: 12 May, 2011 | Hits: 251

Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)

....epresented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance of the plaintiff appellant against the judgment and decree dated 30.07.1997 passed in Artha Rin Suit No. 14 of 1996 passed by the Subordinate Judge, Artha Rin ......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: ......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: ..

Category: Banking Law | Date: 11 May, 2011 | Hits: 210

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....mzan Ali Sikder, Advocate—For the Respondent Nos.2-5. First Appeal No.196 of 2006. Judgment Shahidul Islam J.- The added defendant No.7 being aggrieved by the judgment and decree dated 31-3-2005 passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.181 of......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.     ......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)

....gement fee including seamen’s wages to the Bank account of the manager by telegraphic transfer. The plaintiff also supplied bunkers to the defendant No. 1 vessel through lubricants delivery receipt dated 19-10-2008 at the port of Masan in Republic of Korea. 4. The plaintiff also supplied nece......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: ......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: ..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)

....l and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 of 2011. Judgment Md. Shamsul Huda J.- This appeal was pre­ferred challenging the order dated 19-1-2011 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Brahmanbaria in ......-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

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....Water Transport Authority (BIWTA), M/S. Sontosh Overseas Freight, Business Services Corporation and Rupali Bank Ltd., as principal defendants and also added defendant No.10 by an order of this Court, dated 14-8-1996, M/S. Atlas Shipping Lines Ltd., as principal defendant whereupon Deputy Collector o......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: ......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: ..

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)

....ecord-For Appel­lants. AM Aminuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Appeal No.70 of 2004. (From the judgment and order dated 21st July, 2002 Passed by the High Court Division in Writ Petition No.1953 of 1996) Judgm...... 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. ...... 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)

....r the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convicting the ap......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:   ......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

Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)

....n favour of the writ-petitioner on certain terms and conditions. Before issuing the Letter of indent, the Bangladesh Petroleum Corporation cancelled the approval on the basis of the Ministry's memo dated 14th July, 2003 and informed the same to the petitioner. In such situation the petitioner di......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..

Category: Others | Date: 7 Apr, 2011 | Hits: 7

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....e Hossain, Advocate-on-Record- For Respondent No.10. None represented-For Respondent Nos.1-9 and 14-16. Civil Petition for Leave to Appeal No. 511 of 2011. (From the judgment and order dated the 15th day of February, 2011 passed by the High Court Division in Writ Petition Nos. 9748 of......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. ......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