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AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......nuation of the suit/case and there is no dispute that in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an ind..

Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45

Gour Netai Sri Sri Modan Mohan Das Bigraha Vs. Jahanara Islam Chowdhury and others, 2008, 37 CLC (HCD)

....pect of possession until disposal of the aforesaid matter by the learned District Judge. Send down the record at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 141. ......ain able by a Court of law in order to find that such transfer was genuine and for the interest and benefit of the deity. In this case, the entire transaction is alleged to be tainted by fraud. No period of delay can defeat fraud, if any practiced, since time does not run against fraud. 34...

Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22

James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......ppellant paid the sum of 5,63,685.31 paisa between 17-4-1982 to 30-4-1995, both days inclusive, on account of crane charges though no such crane service was pro­vided to the appellant during that period. Similarly the appellant also paid crane charge amounting to Taka 1, 01,257.50 between 12-6-1..

Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7

Nazimuddin (Md.) Chairman Vs. Government of Bangladesh, 2008, 37 CLC (HCD)

.... and discussions as made above, we do not find any merit in this Rule which is accordingly, discharged without any order as to cost. This Case is also Reported in: 61 DLR (HCD) (2009) 81. ...... his wealth statement and the respondent No. 2 accordingly, allowed his prayer vide memo No. দুদক/২২০-২০০৭ (অনুঃ২) ৯৫৭৫ dated 24-10-2007 by extending the staid period for another 7(seven) days. But the said extended time was also not enough to submit the state..

Category: Anti-Corruption Laws | Date: 4 Dec, 2008 | Hits: 149

MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....ia Ispahani; and (iii) 3,000 ordinary shares (pre-bonus), i.e., 7,500 ordinary (post-bonus) owned and acquired by the Petitioner No.3 from his sister, Mariam Ispahani. 31. The other claims stipulated in amended paragraph 29 of the Application did not merit any substantive consideration fo......owever, remained a director of the Company from 1971 to 1977. Thereafter, up until 1991 the peripatetic Petitioner No. 1 acted in an advisory capacity to the Company during the entire length of which period, as is evident from his deposition as P.W.1, he divided his time between Bangladesh, Pakistan..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Habibur Rahman Molla Vs. State, 2008, 37 CLC (HCD)

.... the prescribed period of 60 "working days" for the purpose of completion of investigation; and in the instant case the investigating officer has completed the investigation within the said stipulated period. Moreover, non completion of investigation within the prescribed period is not man......ire proceedings pending before the Special Judge, Court No. 10, Dhaka on the ground that neither the sanction as required under section 32(1) of the ACC Ain, 2004 has been obtained nor the prescribed period for investigation under Rule 10 of ACC Rules, 2007 has been followed to submit the police rep..

Category: Anti-Corruption Laws | Date: 20 Nov, 2008 | Hits: 157

Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)

....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ...... prayer. Thereafter the petitioner was arrested by the police and he was taken into custody. On 10- 4-2007, the learned Judge of the Adalat sentenced the petitioner to suffer civil imprisonment for a period of six months. 7. Feeling aggrieved by the aforesaid order the petitioner preferred the..

Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168

United Edible Oils Ltd. Vs. London Steam Ship Owners' Mutual Insurance Association Ltd. and other(s), 2008, 37 CLC (HCD)

....Guarantees (Fourth Edition): (Thomson-Sweet & Maxwell, 2005), 521 by Geraldine Andrews and Richard Milieu: "The club may require the owner to put up counter-security. Sometimes this is stipulated in the club rules, but it may be left to the discretion of the managers on a case by cas......ould otherwise be recoverable by such Assured, notwithstanding that the same may have no connection with the liability in respect of which the original security was provided and may relate to other periods of cover before or after that liability was incurred by the Assured or to another entered S..

Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17

Taj Nahar Begum Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....ias Sabid Miah, of Village Miapur, PS Sonaimuri, District Noakhali be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 843. ......e Ministry of Home Affairs are in the dark about the law applicable to the case. The Government's stand regarding the matter is not clear. As a result, the detenu cannot be detained for an indefinite period. 3. Respondent No.1 filed an affidavit-in-opposition. The case of respondent No.1, in sho..

Category: Criminal Law | Date: 20 Aug, 2008 | Hits: 20

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ......they were the seller of the denationalized and privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The writ petitioner thereafter was elected as Managing Director of the Company for the period until otherwise decided by the Board. On 7-10-2000 the Board of Directors of the company ado..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......the President has got the predominant role as well as independent wisdom in making an Ordinance. Accordingly, Ordinance making power depends on the subjective satisfaction of the President during the period of Caretaker Government and the objective criteria of which is to be determined by the forthc..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

Mohammad Nasim Vs. State and another, 2008, 37 CLC (HCD)

....od of 4(four) months to the sat­isfaction of the learned Chief Metropolitan Magistrate, Dhaka. Communicate the order. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 483. ......it is the "seriousness" of the "illness" which shall be the criteria to be taken into consideration in the matter of granting bail in an appropriate case in an appeal irrespective of the statutory period of 90 days for disposal of the appeal..............................(13 & 14) Case..

Category: Criminal Law | Date: 6 Aug, 2008 | Hits: 4

Md. Karamot Ali Alias Rafique Alias Rafiqul Islam Vs. The State, 2008, 37 CLC (HCD)

....tion with any other case. 24. Send down LCR along with a copy of the judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 250.       ......ent in the court on the date of Judgment due to his sickness but subsequently he surrendered on 23.01.2007. Therefore, the convict petitioner could not prefer any appeal within 30 days, the statutory period of limita­tion. The convict-petitioner invoked the juris­diction of this court under ..

Category: Criminal Law | Date: 30 Jul, 2008 | Hits: 5

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ......ubject to their attainment of suitability to get custody of the child. 9. When dealing with children, detention and imprisonment shall be used only as a measure of last resort and for the shortest period of time, particularly keeping in view the age and gender of the child. 10. If detention is..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....arise at all. And, there­fore, obviously, except availing the revisional jurisdiction as provided in section 115(1) of the Code the petitioner had no other forum. “আদালত” as stipulated in section 42 of the Act, being the District Judge, any order passed by him not being app......powers. Article 136 has empowered the Di­rectors to appoint one or more of their body to be the Managing Directors of the company, either for a fixed term or without any limita­tion as to the period for which he or they is or are to hold such office and also the power to remove or dismiss a ..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Ahmed Hossain (Md.) and others Vs. Nasima Khatun and another, 2008, 37 CLC (HCD)

..... Accordingly, the accused appellants are discharged from the charge. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 828. ......escribed by any special or local law. So, when section 30(1) of the Special Powers Act has, in express terms, specifically provided for an appeal from the judgment of a Special Tribunal and a special period of limitation for filing such an appeal has been pres­cribed therefor, an appeal against a j..

Category: Women and Children | Date: 18 Jun, 2008 | Hits: 28

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ......girl child Radyna Karim was allowed to stay with the plaintiff from Thursday evening to Sunday morning of the week and thereafter to stay with the defendant from Sunday evening, af­ter the school period of the child, till Thurs­day morning of the week. Such an arrange­ment operated till 08.2...

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......vour of the pre-emptee No.1. Admittedly, the pre-emptee Nos. 2-7 were co-sharers and the pre-emptee No.1 was a stranger purchaser. Admittedly, the pre-emption case was instituted within the statutory period of limitation. Admittedly, an area of 64 decimals of land comprising two holdings were transf..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......xception rather than the rule in the realm of legislative activity in most other jurisdictions and in that light the amendments above-referred introduced in the Indian Act of 1956 in the post- 1996 period may be considered as having been so done simply by way of abun­dant caution. Dr. Zahir has..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)

.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ......otiable Instruments Act, 1881 (Act No. XXVI of 1881); section 138 In section 138 of the Act the drawee on receipt of the information from the Bank is bound to issue the notice within a specified period. Cheque has a validity for six months and one can present the cheque for encashment as many t..

Category: Banking Law | Date: 22 May, 2008 | Hits: 227