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Chairman, Rajdhani Unnayan Katripakkha Vs. Mosammat Rahima Khatun and others, 2011, 40 CLC (HCD)
.... K. M. Hafizul Alam, with Mahbub Shafique, Advocates-For the Opposite Parties. Civil Revision No. 5831 of 2007. Judgment Obaidul Hassan J. - This Rule was issued calling upon the opposite party Nos.1-3 to show cause as to why the judgment and order dated 28.05.2006 of the learned Distric......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:......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)
....th above directions the Rule is made absolute, which shall live on as a continuous mandamus. The matter shall be taken up on 1st December 2012 again for review and further orders. 21. Before parting we would direct the office to treat this as a Writ Petition involving public interest by ex......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: ......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)
....ecision of the respondent no.3 communicated under memo No.IMED/CPTU/RP-01/90-2011/151 dated 10.02.2011(Annexure-A) contending, inter alia, that it had undertaken seismic survey projects in various parts of the world, including Bangladesh, for different public and private sector clients. The peti......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)
....bsp; May 26, 2011. Result: Both the applications are allowed in part. Delay condonation – an inherent right of the applicant Section 81 of the Compa......ngs and on written resolutions of members, as appropriate; or (3) the right, in a winding up of the company, to participate in the distribution of the assets of the company after the payment of debts." 55. However, often the companies limited by shares issue shares with so......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
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....of giving adequate security by the defendant, the bank did not allow him to enter into the shop and godown rather kept the shop and godown under lock and key. 4. Considering the pleadings of the parties, the Judge of the trial court framed as many as three issues. The plaintiff No.1 and d......a showroom and in a godown under the supervision and control of the bank. Thereafter, on 30.05.1988 the defendant repaid the entire amount of loan under pledge with interest and on 05.06.1988 he made payment of cash credit hypothecation loan to the bank. Thereafter, on 11.06.1988 the defendant upon ...... 3. The plaintiff in his plaint stated inter-alia that the defendant No.1 being a businessman, used to deal with electronics goods. He filed an application to the plaintiff bank to renew his previous loan, thereafter, on 11.06.1988 vide sanction letters No.45 and 46 the bank sanctioned loan for an a..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....ion) and on payment of their unaccounted for incomesthey were exonerated of the charge of corruption by the said Commission. 5. In Writ Petition No.6488 of 2008, the present petitioners were not parties but since the High Court Division, in the said case, not only declared the impugned Ordinanc......t their replies were not satisfactory. In due course, their cases were forwarded to the সত্য ও জবাব্দিহিতা কমিশন (Truth and Accountability Commission) and on payment of their unaccounted for incomesthey were exonerated of the charge of corruption by the said......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)
.... the loan. So, the Bank filed Artha Rin Suit No. 491 of 2004 in the Artha Rin Adalat, 1st Court, Dhaka (shortly, the Adalat) for recovery of the loan with interest. Eventually, the suit was decreed exparte for an amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution ......ution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment of the loan, the Adalat has no lawful authority to grant permission for selling the property......y for disposal of the rule, in short, are as under: The petitioner Major (Retd.) Rafiq Hasan Faruq, Managing Director of M/S Blue Bird Garments (Pvt.) Ltd, in course of his business, obtained some loan from respondent No-3. Sonali Bank, Ramna Corporate Branch, Dhaka (shortly the Bank) by mortgagi..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....eriod without pay and for posting him to any Degree College situated within Dhaka (Annexure-I). The similar nature of prayer was allowed in the case of one Mr. Ahmadul Bari, a Lecturer of Bengali Department, in Dhaka College who remained absent from 05.06.1998 till 26.08.2003 without leave was g...... 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
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
....ction) Present: Sharif Uddin Chaklader J Md. Badar Uddin and others…………………………..Petitioners Vs. Mst. Rezia Parvin and others…………………………...Opposite parties Judgment May 15, 2011. Result: The rule is discharge. Lawyers Involved: No....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ....... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....n Improvement Act, 1953 and the Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 without demarcating the lands by metes and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and th......ght is changed by way of mutation in accordance with the procedure provided in section 117 (1)(c) of the State Acquisition and Tenancy Act by a competent authority and if such mutation is effected by payment of rent, then with such separation from a joint holding other co-sharers ceased to be co-sha...... 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
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
.............Accused-Petitioner Vs. The State…………………………………………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Refe......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
....igious Affairs and others…………………..Respondents (In both the appeals)
Judgment
May 12, 2011.
Result:
Both the appeals are allowed in part with the orders.
Cases Referred to-
Government of Bangladesh and another Vs. Sheikh H......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)
....laneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni..........Petitioner Vs. The State and another .....................Opposite parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: ......f 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 Bank Ltd., Bayzid Bosta......omplainant and the husband of the accused-petitioner were very friendly with each other and at one stage, the husband of the accused-petitioner took a sum of Tk. 30 lac from the complainant by way of loan in two installments on the stipulation that he would repay the loan within a period of 6 (six) ..Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
....idul Kader (Md.)………………………Petitioner Vs. State……………………….Opposite party Judgment May 11, 2011. Result: The Rule is made absolute. Cases Refe....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ....... The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 425. ..Category: Anti-Corruption Laws | Date: 11 May, 2011 | Hits: 223
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....ce 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 Adalat, Sherpur decreeing the suit in part. 2. The appellant as plaintiff instituted Artha Rin Case No.14 of 1996 impleading the resp......endant admitting his loan amount filed another application to the plaintiff bank for extension of time to repay the loan amount. Accordingly, the time was further extended by the plaintiff bank for repayment of the loan amount. But subsequently the defendant did not pay the loan to the plaintiff. Th......er alia that he had been running a grocery shop opening an account being Current Account No.619 with the Rupali Bank, Sherpur Town Branch on 23.03.1987. The defendant applied to the bank for granting loan for an amount of Tk. 1,00,000/- as C.C., hypothecation. The plaintiff bank asked the defendant ..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....#39;s husband and Sarkum Ali jointly placed the said signature to the concerned officer of the bank to get verified the signature of the plaintiff's with the signature lying with the share department (the signature as contained with the signature taken in form 117) and the concerned of.......7 to purchase the shares. The defendant No.7 having had a discussion with the plaintiff and being requested by the plaintiff, the defendant No.7 paid the entire money of those shares. At the time of payment of such money it was agreed upon that the plaintiff and her husband if failed to repay the m......f Directors of Pubali Bank Ltd asserted that it was the duty of the defendant Nos.1-4 to hand over share certificate to the plaintiff. By another letter dated 5-4-1994 she disclosed that, to pay loan of Hotel Zakaria she need to transfer her shares and she prayed for getting back her shares. Sh..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)
....Ex-kunai) now berth at CUFL, Jetty P.S. Bandar, Chittagong, represented by their local agent defendant No.5 M/S/Mariners transport system Co.67, Agrabad Commercial Area, Chittagong. 3. Owner and parties interested of the vessel M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S. B......r bunkers and the owner of the defendant No.1 vessel never consented to transfer the right of such obtaining any supply or repair work from anybody, the owner of the vessel is not liable for any such payment. The plaintiff cannot carry out any service on the vessel without the order of the owner of ......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)
....he defendant Nos. 2-6 jointly and severally with interest at the rate of 18% per annum. The suit has been contested only by the defendant No. 4, the People’s Insurance Company Ltd. and proceeded ex parte against the other defendant sand now the same is being disposed off by this judgment. 2. Th......4-1993 that the goods under the plaintiff’s L/C is lying in the Narayanganj port and it is in the auction list of the customs authority and unless the shipping documents are released immediately on payment of entire L/C amount, the same may be auction sold. In the said letter the L/C opener bank f......n money amounting to Tk. 5,40,000.00 through the plaintiff C.D. A/C No. 1223 maintained with the defendant No. 8 on 5-12-1992 and the rest of the L/C value was allowed by the bank to the plaintiff as loan. The plaintiff submitted an amendment of the aforesaid L/C and further requested the defendant ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....eiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the appellant was innocent; he was released in a departmental proceeding on the self same allegation; he was not in charge of the godown at any point o......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
Anwar Cement Limited and others Vs. Bangladesh Bank and other, 2011, 40 CLC (HCD)
....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: ......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: ......ank 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 borrowers and lo..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
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