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BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....h Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Resu......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: ......on 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 against “Invitation for Engagement of Seismic Contractor” for conduct of 3100 L Km of 2D seismic survey in Block Nos......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)
.... script/paper form, while majority share have been converted into script less/electronic shares. Script shares were converted into script less shares following establishment of the Central Depository Bangladesh Limited ('CDBL'). 3. All shares are required to be traded through the CDBL s......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. ......hich have fallen due. Moreover, High Court Division has to condone the delay in holding AGMs as a matter of course as ex debito justitiae (a remedy which the applicant gets as of right) and no reason for condoning the same needs to be assigned. .............. (50) Court has power to pass conseq......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
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
.... তথ্য প্রকাশ অধ্যাদেশ, ২০০৮, (Ordinance No.XXVII of 2008), before the High Court Division under Article 102 of the Constitution of the People's Republic of Bangladesh in Writ Petition No. 6488 of 2008. 2. The High Court Division after hearing by its j......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. ......or Advocate, instructed by Md. Taufique Hossain, Advocate-on-Record—For 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 th......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
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Re...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ......ondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. ...... 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: ......the Ministry of Education (Annexure-A series). The post of the petitioner was subsequently made permanent vide notification dated 04.11.2003 (Annexure-B). Because of various achievements especially for having academic qualification, professional experience, knowledge about computer and experienc...... 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)
.... this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging......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. ...... 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, Inspector (Task Force-1) Bureau of Anti-Corruption, Bangladesh, Dhaka had lodged a First Information Report (FIR) with Motijheel Police Station alleging, inter alia, that in the course of enq......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)
....me Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman...... 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. ......Joarshahara, Dhaka Cantonment in the High Court Division by a writ petition. According to the writ petitioners, by different deeds they acquired title and possession of .6855 acre of land out of the aforesaid three plots and constructed four multi storey buildings under the name 'Chowdhury Kunjo'. I...... 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
.....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 Religious Affairs and others……&h......r issuing Fatwas in either its legal or theological aspects.
209. For example, the Islamic Foundation established by an Act namely, the Islamic Foundation Act,1975 by integrating Baitul Mukarram Society and Islamic Academy is an autonomous body under the Ministry of Religious Affairs of Banglad...... people of Bangladesh.
6. Article 11 within Part II of the Constitution stipulates that the Republic of Bangladesh shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person, shall be guaranteed. These are not mere empty flowery......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... the plaintiff. That it is stated that the plaintiff on 5-11-1997 filed an application under section 158 of the Companies Act, 1994 to the Hon'ble High Court Division of the Supreme Court of Bangladesh which was registered as Company matter No.3 of 1997 but afterwards did not press the mat&......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. ......ck except 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......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)
.... 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, ......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: ......Bandar, Chittagong. 8. The Commissioner of Customs, Chittagong, Customs House P.S. Bandar, Chittagong. 9. The Deputy commissioner of Police, Chittagong Port, P.s. Bandar, Chittagong……Proforma-Defendants With BIZ & SHIPPING CO., Ltd. RM 1021, Byuksan Kwanghwamunsidae b/d ......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
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....agent of M. V. dijendralal, the carrier vessel and its owner the Defendant No.2. 4. Peoples Insurance Company Ltd., Sena Kalyan Bhavan (3rd floor) 195, Motijheel Commercial area, Dhaka-1000. 5. Bangladesh Inland Water Transport Authority (BIWTA), represented by senior Deputy Director, Narayang......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: ......., Foreign Exchange Branch 9-G, Motijheel Commercial Area, Dhaka-1000…...Principal-Defendants. 9. Deputy Collector of Customs, Customs Excise, vat and Land customs, Khanpur, Narayanganj.......Proforma-Defendant. 10. M/S. Atlas shipping Lines Limited, Hadi Mansion, 9th floor, 2, Dilkusha Comm......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
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Abu Zafar Siddique J Anwar Cement Limited and others……………............Petitioners Vs. Bangladesh Bank and others…………………......Respondents Judgment April 24, 2011. T......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ...... The Bank Companies Act, 1991 (Act No. 14 of 1991), Section 5 (Ga Ga) and 27 (Ka Ka) The petitioners were/are not shown as defaulting borrowers in the CIB report and are only shown as guarantors for the loan obtained by the respondent No.5. There is no scope to treat them as defaulting borrower......fore, the rule is disposed of with the above observations without any order as to costs. The order of stay stands vacated. Md. Abu Zafar Siddique J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
.... station. 2. The respondent No.1 filed the above writ Petition on the averments that pursuant to a resolution of the petitioner approving the proposal for installation of a filling station, Bangladesh Petroleum Corporation approved the proposal and thereupon, the writ-petitioner obtained ......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. ......ucted by Md. Zahirul Islam, Advocate-on-Record-For the Petitioner. Shamem Khaled Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.670 of 2011. Judgment Surendra Kumar Sinha J. - This petition at......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)
.... Syed Mahmud Hossain J Muhammad Imman Ali J Kartic Das Gupta…………………………Petitioner Vs. Election Commission of Bangladesh and others………….......Respondents Judgment April 3, ......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. ...... writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter Writ-petition in question could not be termed as public interest litigation. Before going into the merit of a writ petition the first and primary duty of the writ Bench is to see ......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. Zaved Khan Vs. Anti Corruption Commission and others, 2011, 40 CLC (HCD)
.... J.- Let the supplementary affidavit shall part of the main petition. 2. One Md. Zaved Khan has filed this application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh challenging the legality of the order dated 6-7-2010 in Permission Petition No.76 of 2010......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ......ssion he has annexed a printed downloaded copy from internet Annexure-A and A1 to the supplementary affidavit though it does not disclose his name in any way. The petitioner has to seek relief in the form of releasing the account of Unipay 2U Bangladesh Ltd. as an interested person, contemplated in ......vided by law referred to above. So we are not ready to entertain the writ petition. Hence the application is summarily rejected. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 221. ..Category: Criminal Law | Date: 22 Mar, 2011 | Hits: 75
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....vil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J GK Brothers and another...........Principal-Defendant Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ......ecree dated 2-11-1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; এতএব বাদী নিম্নমতে প্রার্থ...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....s discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Bajya Vs. Smt Gopikabai, AIR 1978 (SC) 793; People's Republic of Bangladesh, represented by the Deputy Commissioner Dhaka Vs. Md. Alauddin alias Alauddin Sarker, 38 ......on irrespective of a subsequent amendment in the adopted Act concerning the adopted provision. In the case of the Secretary of State for India in Council Vs. The Hindustan Co-operative Insurance Society Ltd, reported in 35 Calcutta Notes, 794, the Privy Council has very lucidly explained the pr......from Bangladesh Muktijoddha Sangshad on 4-2-2001 as well as from the Ministry of Liberation War Affairs on 12-6-2003 as recognition of his contribution in the war of liberation 1971. The petitioner before going on LPR lastly served as an Assistant General Manager, Narayangonj Branch, Pubali Bank Ltd...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....-Petitioner Vs. Rabi Chowdhury………………………Opposite Parties Judgment March 11, 2012. Result: The Rule is discharged. Cases Referred to- 32 DLR 168; Government of Bangladesh Vs. Mashiur Rahman, 50 DLR (AD) 205; Shambhu Nath Poddar Vs. Bangladesh Railway, 43 DLR (...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......llaneous Appeal No.11 of 1994 affirming those dated 16-3-1994 passed by the Assistant Judge, in-charge, Singair, Manikganj in Miscellaneous Case No.55 of 1984 should not be set aside. 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous C...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Major (Retd.) Nurullah and another Vs. State and Bother, 2011, 40 CLC (HCD)
....stant application. 5. The learned Counsel appearing for the petitioners submits that the allegations as embodied in the first information report will come within the purview of section 59 of the Bangladesh Army Act. So the proceedings under the Ain, 2000 is an abuse of the process of the Court ......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ......nding in the Court of Nari-o-Shishu Nirjatan Daman Tribunal No.1, Dhaka. 2. Facts, in brief are that on 7-8-2008 at 10-45 am the petitioners kidnapped the minor girl aged about 15 years of the informant from her school premises, thereby they committed the offence under sections 7, 30 of the Ain......n view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 831. ..Category: Women and Children | Date: 8 Mar, 2011 | Hits: 90
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....pecial Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Professor Muhammad Yunus …………………....................Petitioner Vs. Bangladesh represented by the Secretary, Bank and Financial Institutions Division, Ministry of Finan......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......Rahimafrooz Batteries and others, 7 BLC (AD) 73. Lawyers Involved: Dr. Kamal Hossain with Mahmudul Islam, Rokanuddin Mahmud, Kamal-ul-Alam, Sara Hossain and Tamim Hossain Shawn, Advocates - for the Petitioners. Mahbubay Alam, Attorney General, with M.K. Rahman, Additional Attorney Gen......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
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