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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:            ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:            ...... No. III of the memorandum of association is proposed to be amended to include a further provisions as object sub-clause No. 1(a)-1(e) and 39(a) to the following extent: “1(a) To acquire land by purchase or on lease and to construct building/flats thereon and to sell the same in whole ..

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: ...... equipment in the machine which was immediately informed to the respondent No.1 who upon admitting the fault committed by them assured the petitioner that they will address the matter and shall not encase the L/C amount. However, the petitioner intends to invoke the arbitration clause for which the ......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: ..

Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ...... তৎমর্মে তাহাদের বিরুদ্ধে চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, l...... property along with other property, died, leaving eldest son, Nawab Habibullah Bahadur, who became owner of the suit property by inheritance, made heba-bil-ewaj of the suit property along with other land on taking Quran Sharif and a Diamond Ring, to his wife, Ayesha Begum by registered heba-bil-ewa..

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.     ......me of issuance of the Rule on 09.04.2012. 2. In this matter, petitioners challenged the memo dated 2.4.2012 issued by respondent No.1 (Arinexure-D series) directing the petitioners to vacate the case premises within seven days. At the time of issuance of the rule, we stayed operation of the imp......ioners they will give allotment in the shopping complex. 5. The learned Advocate for the petitioners by filling a counter affidavit has stated that the petitioners have taken lease of the vacant land from the Pourashava wherein they have constructed shops at their own cost and that the Pourasha..

Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1

Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ......o reflects and arbitrary abdi­cation of duty by a public authority and in the facts and circumstance also involves a violation of the elementary principles of natural justice. In the instant case, the petitioner is the only teacher in the post of Sociology in the Higher Secondary Level of t......0-6-2012. There is no order as to costs. Communicate this Judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013)110.         ..

Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8

Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379.   ......ed 1-12-1998 dismissed the appeal and affirmed the judgment and decree of the trial Court (decree signed on 7-7-1996). 4. Thereafter, the Government as peti­tioner filed Miscellaneous Review case No.06 of 2003 in the Court of learned Sub­ordinate Judge, Artha Rin Adalat against the judg......ce of the petitioner, was issued calling upon the respondents to show cause as to why the respondents shall not be directed to receive rent from the petitioner by mutating in his name 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 T..

Category: Others | Date: 22 May, 2012 | Hits: 9

Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)

....ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ......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.................Respondents (In Civil Petition No.872 o......ng order and 1(one) week thereafter, the respondents shall file concise statements to make the appeals ready for expeditious hearing. Ed. This Case is also Reported in: 9 ADC (2012) 745. ..

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)

....ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ...... Islami Bank Ltd. Motijheel, Dhaka filed Artha Rin Case No.115 of 2005 in the Court of the 4thy Artha Rin Judge, Dhaka which was decreed on 30-11-2005. The respondent No. 2 filed Artha Execution case No. 790 of 2005 for recovery of decreetal amount. By the impugned order No. 7 dated 27-7-2006 t......ication under section 34(1) of the Ain, if so advised, in this regard. Communicate this order to the Court concern at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 79. ..

Category: Banking Law, Corporate Law | Date: 15 May, 2012 | Hits: 4

Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)

....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......t, 1965 which is to be considered as per the section 25(d) of the said Act.  He further submits that although the Bangladesh Labour Act, 2006 came into force during the pendency of the complaint case before the Labour Court the judgment passed by the said Court could not be appealed against to ......reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ..

Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23

Advocate Murshedur Rahman Chowdhury Vs. Bangadesh and others, 2012, 41 CLC (HCD)

....an application which does not call for issuance of rule and do reject the application summarily.   Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 63 & 69   ......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 in the present Writ Petition have not been decided. Let a Rule Nisi be...... of age and hails from a village of Chittagong district. Over the decades question of standing has been dealt with by the superior Courts of the sub­continent and even by the House of Lords in England. True it is that Courts of different juris­dictions have taken view in favour of liberaliza..

Category: Constitutional Law, International Crimes Tribunal Law | Date: 13 May, 2012 | Hits: 6

Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)

....e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. .........Opposite parties Judgment May 13, 2012. Result: The Rule is made absolute. 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 enmit......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..

Category: Criminal Law | Date: 13 May, 2012 | Hits: 6

Maisha Corporation (Pvt.) Ltd Vs. Bangabandhu Sheikh Mujib Medical University (BSMMU) and others, 2012, 41 CLC (HCD)

.... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ......through the impugned judgment, the Award passed by the Tribunal and the documents available in the paper books. It appears that the learned Additional District did not consider the main aspect of the case as to whether the claimant company supplied machineries of the Washing Plant in accordance with...... as to costs. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 194.     ..

Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16

Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......on for pre-emption under section 96 of the State Acquisition and Tenancy Act before the learned Senior Assistant Judge, Companygonj, Noakhali stating, inter alia, that he is a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the seller-respondent ......f inheritance and purchase. Because of misunderstanding, the seller-respondent No.3, Rai Mohan Das (full brother of the pre-emptor) without serving any notice upon the pre-emptor transferred the case land to the pre-emptees by a registered deed of sale dated 05.06.2002. The pre-emptees are strangers..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......s filed Title Suit No.56 of 1983 for declaration of title, confir­mation of possession and for permanent injunction in respect of the land described in the second sched­ule of the plaint. The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar ......f, are as follows: The appellants herein as the plaintiffs filed Title Suit No.56 of 1983 for declaration of title, confir­mation of possession and for permanent injunction in respect of the land described in the second sched­ule of the plaint. The case of the plaintiffs, in short, is t..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

.... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ......n file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of land­lord. In the instant case defendant being a defaulter cannot restrain the plaintiff landlord from evicting him from the s......n 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 plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of land­lord. In..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ....... Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others...........Respondents (In both the cases) Judgment May 5, 2012. Result: The writ petition is dismissed. Cases...... 4. Grameen Bank Ordinance, 1983 (Ordinance No. XLVI/83), was promul­gated on 4th September, 1983 with a view to establishing a Grameen Bank for providing credit facilities and other services to landless persons in rural areas and other matters connected there with. Section 14 authorizes the Go..

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)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ....... 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. Special law prevails over general law Arbi......c­tor doing construction business and the second party is the registered Co­operative Society of the Rajuk Emplo­yees and run by its by-laws. b. That the second party got 2 bighas of land from Rajuk by a registered lease deed and they decided to construct a 10-storied building there..

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. ......of 2006 dismissing the appeal and affirming the decision dated 19.05.2003 passed by the learned Judge, Administrative Tribunal, Chittagong in Administrative Tribunal Case No.51 of 2002 dismissing the case of the petitioner on contest. 3. The facts, leading to the filing of this petition, in a n......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. ..

Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......um facts to have the background in filing the same. However, from the impugned order and the other materials, such as, the order passed by the Administrative Tribunal in the Administrative Tribunal case, the Memorandum of Appeal of the Administrative Appellate Tribunal Appeal No.235 of 2005 file......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

....essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......the judgment and order of conviction and sen­tence dated 03.05.2006 passed by the Nari-O-Shishu Nirjatan Daman Tribunal, Natore, in Nari-O-Shishu Nirjatan Case No.31 of 2004. 3. The prosecution case, in short, was that the accused-respondent Md. Kamal Hossain alias Md. Kamal Pramanik was near ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27