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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. ...... 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. ...... 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)
....sent opposite party Nos.1-3 received the compensation money with objection through their lawful attorney. The compensation money was inadequate. Thus the opposite party Nos.1-3 were entitled to get a total some of Tk. 5 crore 76 lacs from the opposite party No.4 as the value of the land along with c......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)
.... nature. The picture as projected, which we can judicial notice of, is gruesomely gloomy indeed. 13. Pitiable though, reality has it that ecology of the Republic as a whole is on the verge of total annihilation, some unscrupulous people being bent to throttle the same to nihility. 14. ......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)
....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: ......ke complaint against one of the short listed contractors whose REP is yet to be scrutinized and finally selected by the Evaluation Committee of Petrobangla. 5. He also goes to argue that the jurisdiction to declare a short listed contractor responsive or non-responsive squarely lies upon t..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....ner that the shares issued by the respondent No.1 are ordinary shares, with equal voting rights ranking pari passu to each other. Since its incorporation, the respondent No.1 company had issued total 3,00,000 ordinary shares and some of them are yet in script/paper form, while majority share h......the respondent No.1, CDBL or the holders of dematerialized shares themselves are unable to ascertain whether the shares they are holding are either sponsor shares or public shares, and further in the absence of any discrimination between voting rights of all the issued shares of the respondent No.1,......arry different rights. Those shares then constitute different classes of shares. [..........I" 56. Classification of shares by way of attaching different rights thereto is recognized in our jurisdiction as well. This is why section 71 of the Companies Act, 1994 provides protection of varia..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... 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. ......ioning authority. Thus, we are of the opinion that this order on the face of it seems to be too mechanical and is no sanction order in the eye of law as required to prosecute a public servant and the absence of sanction cuts at the very root of the prosecution affecting jurisdiction of the Cour......riated and the manner and date of misappropriation and such a sanction is not valid in the eye of law and the prosecution must fail on that ground inasmuch as that cuts at the very root affecting the jurisdiction of the Court. Mr. Siddique further submits that the prosecution could not even prove th..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....ock and key for 10/12 years as a result the defendant had to incur a huge financial loss. The plaintiff bank is liable for such losses of the defendant, which should be assessed and deducted from the total amount to be decreed. The trial court is also directed to consider that the suit was filed aft......t record. 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: ......t record. 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: Banking Law | Date: 18 May, 2011 | Hits: 209
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....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. ......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. ......ne 2008, much beyond the tenure of 90(ninety) days of the Non-Party Care-taker Government, established under the provisions of the Constitution (Thirteenth Amendment) Act, 1996, consequently, without jurisdiction being made by an illegitimate Government, as such, void ab initio. However, the normal ..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ...... নিলাম দরপত্র ইস্যু করা হউক।” 12. It is evident from the impugned order as quoted above that the learned Judge of the Adalat refused to exercise his jurisdiction under Order 21 Rule 83 of the Code along with section 57 of the Ain on the ground that ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... 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: ......Subsequently, the petitioner vide letter dated 10.09.2007 (Annexure-I) narrating the cause for not being able to join the respective College made a prayer to respondent no.1 to treat the period of absence as “extraordinary leave” without pay and with a further prayer to place him in any Coll......ioner referring to Annexures I, K and O respectively as annexed to the writ petition submits that acceptance of the resignation letter of the petitioner after its withdrawal is illegal and without jurisdiction inasmuch as after tendering his resignation on 18.04.2007 and withdrawal of the same o..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)
..... 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. ......tian and exhibits filed by both the parties found that there is a road mentioned in the khatian and these finding with reference to the exhibits on record is binding upon this Court in its revisional jurisdiction. 9. I have considered the submissions of the learned Advocate for the opposite parti..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....his process, an amount of Tk. 25,00,000 (twenty lakh) was transferred by TT No.27 dated 2-9-2001 and another amount of Tk. 25,00,000 (twenty lakh) was transferred by TT No.28 dated 04-09-2001, thus a total amount of Taka 50,00,000 was transferred. The further allegations are that Mr. Tofail Ahm......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....ing to the said dictionary means: “Two or more persons who jointly own and hold title to property i.e. joint tenants, and also partners and tenants in common.” 15. The High Court Division has totally misconstrued the expression ‘co-owner’ and made the above observations. The term ‘join...... 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. ......ellants to resort to partition suit for recovery of encroached acquired land. c) the High Court Division committed gross error of law and traveled beyond the scope of judicial review in exercise of jurisdiction under Article 102(2)(a)(i) of the Constitution in directing the appellants to institute..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....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. ......ioner after suffering in hajot for a considerable period obtained bail and he faced the trial but on the day of pronouncement of judgment he remained absent as a result the judgment was passed in his absence and thereafter he was arrested, as a result he could not file appeal in due time and as such...... record in a criminal miscellaneous case under Section 561 A of the Code of Criminal Procedure, as it is done in disposing of regular criminal appeal or not, inasmuch as the petitioner may invoke the jurisdiction of the High Court under Section 561A of the Code of Criminal Procedure in a case which ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....uch, the persons who are unable to file a formal application, cannot be without remedy in vindication of their rights guaranteed under the Constitution and the laws of the land. If so, it would be in total negation of the spirits enshrined in our sacred Constitution.
14. In the back-drop of the...... আজ ফতোয়াবাজদের সালিশে ভাগ্য নির্ধারন হবে গৃহ বধু সহিদার”, was justified in issuing a Rule in the absence of a formal ‘application’ of an ‘aggrieved person’, apparently witho......itution guarantees the fundamental rights of the people and Part II narrates the fundamental principles of State Policy which are also pro-people.
35. Similarly, Article 101 narrates the general jurisdiction of the High Court Division while certain extraordinary powers of the High Court Divisio..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
.... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357....... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 357...Category: Banking Law | Date: 12 May, 2011 | Hits: 251
Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)
..... 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. ......itioner? (8) Why the statement of Ahmed Abdul Gani, another Director of the Sports Council and a peer of Mr. Habibur Rahman, should be recorded, to make out a case against the petitioner, in the absence of any allegation that the accused-petitioner received bribe from Mr. Habibur Rahman or from....... 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)
....aintiff. 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: ......aintiff. 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: ...... নামঞ্জুর করিতে পারিবেনা। 13. We have also gone through the provision of section 30 of the Bank Companies Act, 1991 which runs as follows: “The jurisdiction of Court as to rates of interest. - Whatever be contained to the contrary in any law fo..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... submitted that in the instant case the shares have been transferred by the plaintiff in favour of the defendant No.7 by executing an instrument of transfer of share form on 30-5-1994 transferring in total 30347 shares for Taka 3034700 only and that transfer form was executed by the defendant No.7 d......mber to the shares or stock therein specified." After perusal of section 31 of the Companies Act it appears to us that the argument made by the learned Counsel for the plaintiff was good in absence of Exhibit "X' and Exhibit 'Tha'. After admitting the fact of transfer of s......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..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)
....3211.33, on 30-11-2008 for US$ 88102.26, on 31-12-2008 for US$150728.52, on 31-1-2009 for US$ 149636.02, on 28-2-2009 for US$ 71829.51, on 31-3-2009 for US$ 49569.98 and on 30-4-2009 for US$ 44187.24 totaling an amount of US$ 15,90,442.76. Although the plaintiff supplied the statement of accounts to......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: ......f supplied the statement of accounts to the defendant No.2, but the same is still outstanding for which the plaintiff is constrained to file the instant Suit finding the vessel within the territorial jurisdiction of this court. 6. It has been asserted in the plaint that the owner of the defend..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
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