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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Pradesh Vs. Raja Mahendra Pal, AIR 1999 SC 1786; Haryana Vs. Bhajan Lal, AIR 1992 SC 604; Pepsi Food Limited Vs. Special Judicial Magistrate AIR 1998 SC 128; WBV Swapan Kumar Guha, AIR 1982 SC 949; State of Bihar Vs. JAC Saldanha (1980) 1SCC 554; Privy Council in Emperor Vs. Khawaja Nazir Ahmed, ...... Md. Abdul Wahhab Miah J Md. lmman Ali J   Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others....................................Respondents Judgment ......ment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

.... in: 18 BLC (HCD) (2013) 53.     ......t Division (Criminal Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgme...... Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ......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

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

.... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... Sultana J Sayed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. ...... Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)

.... it appears that the Provisions of the Carriage of Goods by Sea Act 1925 (Act No. XXVI of 1925) is applicable in the instant case and the Provisions of Section 4 of the Act Provides as follows: “Statement as to application of Rules to be included in bills of lading.—Every bill of lading, or s......man J M/S. Hasan Vegetable Oil Mills Ltd.6/A, Shashi Bhushan Chaterjee Lane, Gandaria, Dhaka-1204. Represented by its Managing Director Fazlur Rahman……………………………..Plaintiff Vs. 1. M. T. SCEPTRE Flying the Flag of Panama now lying at Chittagong Port, Chittagong 2. Ma......ders Vs. Bangladesh Textile Mills Corporation and others, 10 DLR 307 and PLD 1957 Karachi 315; Gladstone Wyllie and Co. Ltd. Vs. Shahidi Trading Corporation Ltd. , 10 DLR 307. Lawyers Involved: Md. Mizanul Haq Chowdhury, Adv. With Hasan Mohammed Riyed, Advocate-For the plaintiff. M. Hafizul...... 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

Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)

.... Revisional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party Judgmen...... (Criminal Revisional Jurisdiction) Present: AKM Fazlur Rahman J SM Zakir Hossain J Kaisar-uz-zaman……………………Petitioner Vs. State and others………………….Opposite Party ......Bangladesh, 63 DLR (AD) 18; Abdus Salam Master Vs. State, 36 DLR (AD) 58; Mahbubur Rahman Vs. State, 44 DLR 342. Lawyers Involved: ASM Abdul Mubin, Advocate - For the Petitioner.  Md. Khurshid Alam Khan, Advocate - For the Opposite Party No.1.  Ashique Rubait, Advocate ...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..

Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2......owever, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162

Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)

....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......ad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repre­sented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and another……………………..Respondents Judgment June 22, 2......owever, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ......w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ..

Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7

Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......urt Division (Special Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………….Petitioner Vs. Artha Rin Adalat and another……………………………………….Respondents ...... once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..

Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....- 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; Nowbul Alam and others Vs. State reported in 45 DLR (AD) 140, and Anwara Khat...... Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others............................Respondents Judgment June 1......r The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......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

Abu Bakkar Lashkar & others Vs. Rostam Ali Mondal & others, 2011, 40 CLC (AD)

.... Judgment June 9, 2011. Result: The petition is dismissed. Cases Referred to- Khairullah Vs. A.D.C. (Revenue) and another, (2002) 54 DLR (AD) 13; Abu Ali Chowdhury Vs. The State, (1997) 5 BLT (HCD) 3; Nuru Mia Vs. State (1998) 3 BLC 423; Momtazuddin and another Vs. Yakub ...... others…………………………………………………………Petitioners Vs. Rostam Ali Mondal being dead his heirs: Abu Kalam & others………&hell......d no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ......ciation of law and facts do not call for interfer­ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 210. ..

Category: Procedural Law | Date: 9 Jun, 2011 | Hits: 100

Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)

....hammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another…………………….............Respon......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Arif-Uz-Zaman…………………………..............Petitioner Vs. The State and another……………………........... 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. ......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)

.... Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Nazir…………………………......................Petitioner Vs. State…………………………….............esent: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Nazir…………………………......................Petitioner Vs. State…………………………&helli....... This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... 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)

....).......................Appellant Vs. 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 ...... in:   ......ance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......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)

.... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Shahidul Islam J Md. Majedur Rahman………………………………...........Appellant Vs. The State and another ..................................Respondents Judgment June 6, 2011. Case......ported in: ......rected to send down the lower’s Court record. Ed. This Case is also Reported in: ......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)

.... 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. ......h Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J Bangladesh Tobacco Company Limited…………………….Appellant Vs. Ashoke Kumar Das & others…………………Respondent Judgment June 2, 20......This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... 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

Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)

....ule is herby vacated. 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:...... Faruque Ahmed J Obaidul Hassan J Chairman, Rajdhani Unnayan Katripakkha, RAJUK Bhaban, RAJUK Avenue, Motijheel, Dhaka-1000.............................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Jud...................Opposite Party-Respondent-Petitioner Vs. Mosammat Rahima Khatun and others.............Petitioners-Respondents-Opposite Parties Judgment June 2, 2011. Lawyers Involved: Md. Hefzul Bari, Advocate-For the Petitioner. K. M. Hafizul Alam, with Mahbub Shafique, Advocates......ule is herby vacated. 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: Limitation Law | Date: 2 Jun, 2011 | Hits: 165

Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)

....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ......d Peace for Bangladesh (HRPB), represented by it’s Secretary, Advocate Asaduzzaman Siddique, Hall No. 2, Supreme Court Bar Association Bhaban, Dhaka, Bangladesh....................petitioner Vs. Bangladesh represented by the Secretary, Ministry of Shipping, Bangladesh Secretariat, P.......hbag, Dhaka Bangladesh and others ...............respondents Judgment June 1, 2011. Result: The Rule is disposed of with direction and made absolute. Lawyers Involved: Md. Manzill Murshid, Advocate-For the Petitioner. Tufailur Rahman, Advocate with A.B.M. Alt......resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in:    ..

Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37

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

....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:  ...... High 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. ......he respondent no. 3 is liable to be declared to have made without lawful authority and is of no legal effect. 6. Per contra, Mr. M. Amir-Ul Islam the learned Senior Advocate appearing with Mr. Md. Nurul Amin, the learned Advocate on behalf of the respondent no.8 assailing the locus standi o......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)

....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. ......CD) (2013) 336. ......r Advocate with Ashraful Hadi, Advocates-For the Respondent No.2A. Company Matter No.61 and 62 of 2010. Judgment Mamnoon Rahman J.- Zeyad Rahman in Company Matter No.61 of 2010 and Dr. Md. Rowshan Ali in Company Matter No.62 of 2010 are the respective petitioners. In both matters resp......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)

.... (Dhaka) (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Resul......ourt Division (Dhaka) (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 20...... This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... 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. ..

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