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Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......on (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J Aqua Culture Farms Limited…………………Petitioner Vs. The Registrar of Joint Stock Companies and Firms.........Respondent Judgment May 28, 2012. Result: The application is ......mend its object clause to include a new clause, being sub-clause No.1 (a)-1(e) and 39(a) in the Memorandum of Association to facilitate the company take new venture and to mortgage its property in order to secure any loan which may be availed by the company. 3. The learned Advocate Mr. A.K..Category: Company Law | Date: 28 May, 2012 | Hits: 32
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
....ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ......on (Statutory Original Jurisdiction) Present: AFM Abdur Rahman J H.B. Plastic Industry……………………………………………..Petitioner Vs. Hyundai High Tech Co. Ltd. and others…............Respondent Judgment May 28, 2012. Result: The Application is al......al agent in Dhaka, by opening L/C through the respondent No. 4. But when the consignment came to Bangladesh in the petitioner’s factory it appears that majority equipments of machineries are not in order or deficient of required equipment in the machine which was immediately informed to the respon..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....uit No. 224 of 2004 against the acquisition proceeding where all the papers of land acquisition case No.2/78-79 were submitted. Plaintiffs went to the learned Advocate, Md. Khalilur Rahman, lawyer for the plaintiff of Title Suit No.224 of 2004 and from him, plaintiffs could know that prede......Reported in: 18 BLC (HCD) (2013) 182. ......t, 1948 the suit is barred by limitation. Plaintiff filed written objection against the application filed under Order VII Rule 11 of the Code of Civil Procedure. 6. Learned Judge by the impugned order rejected the plaint. 7. Mr. Mahbubur Rahman, learned Advocate, appearing for the plaintif..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......D) (2013) 16. ......llip;……..Petitioners Vs. The Magura Pourashava and others………………....Respondents Judgment May 24, 2012. Result: The order of stay is vacated. Lawyers Involved: M. Quamrul Haque Siddique with S.M. A. Sabur w..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....esult: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of statutory discretion. He must direct his attention to matters which he is bou......: Syed Refaat Ahmed J Md. Ashraful Kamal J Topon Kumar Roy……………………………..Petitioner Vs. Bangladesh and others.......................Respondents Judgment May 24, 2012 Result: The R......he exercise of statutory discretion. He must direct his attention to matters which he is bound to consider. If he does not obey this rule, Certiorari and Mandamus shall surely lie to rectify his orders………………………. (20) A violatio..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....father of the petitioner notoriously refused the title of Satish Chandra Datta and Ramesh Chandra Datta. Thereafter, the father of the petitioner excavated a pond in the suit land and by operation of law the status of Abdul Aziz as tenant was upgraded under Government. Abdul Aziz snowed his papers t...... High Court Division (Special Original Jurisdiction) Present: Naima Haider J Farid Ahmed J Golam Ambia (Harun)......................Petitioner Vs. Bangladesh and others....................Respondents Judgment May 22, 2012 Result: T...... for 0.2385 acre land under CS Khatian No. 1072 CS Plot No.1075 SA Khatian No.1 SA Plot No.6340 of Mouza Mymensingh Town, Police Station Kotwali, District-Mymensingh and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....31(a) of 2008 and 12157 of 2006) Order Surendra Kumar Sinha J. - The delay in filing Civil Review Petition Nos.6, 7, 8, 10 and 11 is condoned. 2. Common identical question of facts and law being involved in these petitions, they are disposed of analogously by this order. Respondents a......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Bangladesh Biman Airlines Limited and others………Petitioners (In all the cases) Vs. Emran Ahmed and another...................il Review Petition No.11 of 2012) Civil Petition for Leave to Appeal Nos.872, 875, 877-881, 884-891 of 2010. With Civil Review Petition Nos.6-11 of 2012. (From the judgment and order dated 2.6.2009 the High Court Division in Writ Petition Nos.7655, 8730, 1089, 1090, 1091, 2115..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Marzan Abedin Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others, 2012, 41 CLC (HCD)
....005 detaining the petitioner and 4 others in civil prison for 6 (six) months (Annexure-E-1) in so far as it relates to the petitioner only should not be declared to have been passed without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is......qul Islam J Mustafa Zaman Islam J Marzan Abedin………………………….Petitioner Vs. Judge, Artha Rin Adalat No. 4 Dhaka and others.........Respondents Judgment May 15, 2012. Result: The Rule is made a......tition No. 4325 of 2007. Judgment Md. Ashfaqul Islam J.- At the instance of the petitioner, Marzan Abedin, this Rule Nisi was issued calling upon the respondents to show cause as to why the order No. 07 dated 27-7-2006 passed by the learned Artha Rin Adalat No. 4 Dhaka in Artha Execution C..Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....ndent No.1) in Appeal Case No.74 of 2009 (Annexure-E) setting-aside the judgment and order dated 14-5-2009 in Complaint Case No.04 of 2006 by the Third Labour Court, Dhaka has been passed without any lawful authority and is of no legal effect. 2. In this application under article 102 of the Con...... Present: Tariq ul Hakim J Md. Faruque J Seven Circle Bangladesh Ltd...........................................Petitioner Vs. Chairman, Labour Appellate Tribunal, Dhaka and others........Respondents Judgment May 15, 2012. Result: The Rule is made ab......or the Respondents. Writ Petition No.4879 of 2011. Judgment Tariq-uI-Hakim J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order, dated 24-3-2011 passed by the learned Chairman, Labour Appellate Tribunal, Dhaka (Respondent ..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)
.... Act, 1973 by insertion of the expression "any individual or group of individuals" shall not be declared to be ultra vires to the Constitution and also declared to have been enacted without lawful authority and is of no legal effect and why section 19 of the Constitution (Fifteenth) Amendm......sion (Special Original Jurisdiction) Present: Farid Ahmed J Sheikh Hassan Arif J Advocate Murshedur Rahman Chowdhury...........Petitioner Vs. Bangadesh and others...... ......................Respondents Judgment May 13, 2012. ......ional sanction. This question should be examined by this Court. 3. The learned Attorney-General has referred 3 decisions passed in WP No. 7353 of 2010, W.P. No. 5391 of 2010 and the judgment and order passed in Criminal Miscellaneous Case No. 34345 of 2010. In all those cases, the points raised..Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
....র ৩০,০০০/- টাকা পরিশোধের জন্য”. Subsequently the learned Magistrate passed order on giving condition to pay money which is not permitted in the eye of law and while on 08.01.2011 the petitioner is in jail custody then on giving put up before the lea......urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ...... In quashing a criminal proceeding, the court is to consider only the prima facie case against the accused. Any case which is false, collusive and concocted and brought out of enmity in order to materialize the revenge against the accused petitioner cannot be entertained…………..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
....te of BSMMU. But unfortunately it was violated by the Central Purchase Committee of BSMMU vide a letter dated 14-8-2008. The learned Advocate further submits that it is not a proper interpretation of law that the Arbitral Tribunal had no jurisdiction to take up such a settlement decision of the high......sion
(Civil Appellate Jurisdiction)
Present:
Khondker Musa Khaled J
SH Md. Nurul Huda J
Maisha Corporation (Pvt.) Ltd..........................Appellant
Vs.
Bangabandhu Sheikh Mujib Medical University (BSMMU) and others…....Respondents
Judgment
M......Miscellaneous Appeal No.23 of 2010.
Judgment
Khondker Musa Khaled J.- This First Miscellaneous Appeal under section 48 of the Arbitration Act, 2001 is directed against the judgment and order dated 1-12-2009 passed by the learned Additional District Judge, 2nd Court, Dhaka in Arbitrati..
Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
.... the case land, seller respondent No.3 offered the case land to the pre-emptor on whose refusal, a bainapatra was executed and thereafter, pre-emptee No.1 published a legal notice through his learned lawyer in the local newspaper. As per said legal notice neither the pre-emptor nor any other co-shar......ab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. Result: The Leave is gra......instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No.320 of 2010 (From the judgment and order dated 16.11.2009 passed by the High Court Division in Civil Revision No.2331 of 2007) Ord..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....rely on the kabalas of Rashid Ali for the purpose of devolution of title to him from Ranjit and his brother on the ground of Rashid Ali's failure to produce rent receipt ignoring the principle of law that non-payment of rent does not affect the title accrued through lawful transfer from the righ......R (AD) (2012) 127. ......Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No.4. None represented—Respondent Nos.1-3. Civil Appeal No.233 of 2002. (From the judgment and order dated 25th April,2000 passed by the High Court Division in Civil Revision No.2923 of 1994). ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
.... Judgment May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plain...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul......st prove; the onus of proof lies on the tenant in a situation where he asserts that he paid rent on time and not a defaulter or where the tenant claim right of occupancy; no payment was made by money orders; payment of rent as made in lump does not help the tenant the mischief of defaulter. Learned ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....nce having not conferred any power upon the Bangladesh Bank to dictate or determine the terms and conditions under which the Managing Director would serve Grameen Bank, the impugned orders are unlawful, that the Grameen Bank Service Regulations, 1983 have no manner of application to Prof. Muham......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad...... Respondent No. 3 (In both the cases) Not Represented-For Respondent Nos. 4-11. (In both the cases) Civil Petition for Leave to Appeal Nos. 640 and 641 of 2011. (From the judgment and order dated 8.3.2011 passed by the High Court Division in Writ Petition Nos.1890 and 1892 of 2011.) ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....ge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001. Special law prevails over general law Arbitration act is a special law for adjudication of the dispute ......ported in: 18 BLC (HCD) (2013) 285. ..............Opposite-Party Judgment May 3, 2012. Result: The Rule is discharged. District Judge not amenable to the High Court Division No appeal or revision lies against an order passed by the District Judge in an arbitration case as per provision of Arbitration Act, 2001...Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ........................................................Petitioner Vs. The Government of Bangladesh, represented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respondents Order April 30, 2012. Result: The l...... Rajik-Al-Jalil, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.639 of 2009. (From the judgment and order dated 05.01.2009 passed by the Administrative Appellate Tribunal, in Appeal No.206 of 2003). ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....(a) whether an appeal filed before the Administrative Appellate Tribunal could be dismissed for default for non-filing of paper book, (b) whether any limitation has been prescribed in the relevant laws, namely: the Administrative Tribunal Act, 1980 (the Act, 1980) and the Rules, 1982 for filing ......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam..........................ted by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Civil petition For Leave to Appeal No.665 of 2009. (From the judgment and order dated the 28th January of 2009 passed by the Administrative Appellate Tribunal in Administra..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....h Court did not take into consideration these evidence at all. The learned Additional Attorney General has argued that the High Court Division fell in a serious error in not appreciating the relevant law. Referring to section 9(1) of the Nari-O-Shishu Nirjatan Daman Ain, 2000 and the explanation the...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ......eral instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) O..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
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