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BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....respondent no.8 is presenting RFP by BGP Inc., CNPC for being a separate entity from BGP (Bangladesh) International. In view of the same the arguments so made by Mr. Amin is of no substance in the facts and circumstance of the case. The fact remains that Petrobangla considered the EOI of B......ision (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J BGP Inc., China National Petroleum Corporation…...........Petitioner Vs. Bangladesh and others…………...........Respondents Judgment May 29, 2011. Result: The......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)
....r around the same factual aspects and the same question of laws are involved, both the matters are heard together and being disposed of by this common judgment which will govern both the matters. The facts of these two matters are as follows: 2. Company Matter No.61 of 2010. The case ......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......sp; Mr. Karim then referred to section 31 of the Companies Act and submitted that a certificate under the common seal of the company specifying any share of stock held by any member shall be ex facie evidence of the title of the member to the shares. Mr. Karim then by referring to the consent given ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
....amined none. The accused persons were examined under Section 342 of the Code of Criminal Procedure but they claimed their innocence. Thereafter, upon hearing both the parties and considering the facts, circumstances and evidence on record the learned Special Judge passed the impugned judgm......al Hossain Ahmed J Md. Emdadul Haque Azad J Sk. Nurul Islam..........................Appellant Vs. The State...................................Respondent Judgment May 4 and 19, 2011. Result: The appeal is allowed. Cases Referred to- Abdul Awal......ns were examined under Section 342 of the Code of Criminal Procedure but they claimed their innocence. Thereafter, upon hearing both the parties and considering the facts, circumstances and evidence on record the learned Special Judge passed the impugned judgment and order of convicti..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)
....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: ...... (Civil Appellate Jurisdiction) Present: Faruque Ahmed J Obaidul Hassan J Manager, Rupali Bank Ltd..........................Plaintiff-Appellant Vs. M/S New Music Corner and another …….......Defendants-Respondents Judgment May 18, 2011. Result T......dering the pleadings of the parties, the Judge of the trial court framed as many as three issues. The plaintiff No.1 and defendant No.1 examined themselves as P.W.1 and D.W.1. After considering evidence adduced by the witnesses and the pleadings of the parties, the learned Judge, Artha Rin Ada..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....f no legal effect." By the Rule issuing order the proceeding of the said Execution Case was stayed initially for 3(three) months and subsequently extended till disposal of the Rule. 2. Material facts necessary for disposal of the rule, in short, are as under: The petitioner Major (Retd.) Ra......urt Division (Special Original Jurisdiction) Present: Md. Emdudul Huq J Md. Abu Zafor Siddique J Major (Retd.) Rafiq Hasan Faruq ........................Petitioner Vs. Bangladesh and others.................................Respondents Judgment May 16, 2011. Result: Th...... 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. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tment letter dated 16.10.1996 issued by the Ministry of Education. Subsequently, his service was made permanent by the authority concern on 04.11.2003 (Annexure-E). 11. From the chronology of facts as narrated in the writ petition it appears that allegedly on his application the petitioner ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ...... 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)
..... 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. ......rds at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......issions of the learned Advocate for the opposite parties and judgments of the Courts below and exhibits. It appears that trial Court without discussing any exhibits filed by the parties, only on oral evidence of P.W.2 held that there are construction on the pathway. Learned Judge of the Appellate Co..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....enal Code, now pending in the Court of Divisional Special Judge, Dhaka, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this Rule, in brief, is that on 17-06-2002 one Kazi Samsul Islam, I......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca......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)
.... Md. Giazuddin Chowdhury purchased the lands by different deeds, mutated his name, paid rent to the Government and with prior approval of the plan from RAJUK constructed the buildings. These admitted facts proved that the writ petitioners are not in joint possession with the Military Estate Departme......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ...... 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)
....5(five) years more in Nari-0-Shishu Nirjaton Damon Case No.447 of 2000 should not be quashed and/or such other or further order or orders passed as to this court may seem fit and proper. 2. The facts relevant for disposal, in short, are that the accused petitioner Md. Abul Hashem was implicate......lip;…………....For the Opposite party Judgment May 15, 2011. Result: The rule is made absolute. Cases Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44; Mofazzal Hossain Mollah and others Vs. The State, 45 DLR (AD) 175; Abdul...... submits that the allegation of commission of rape upon a girl of 12 years by a person aged about 55 years in a densely populated area in the morning is unbelievable. Moreover, as it appears from the evidence on record that the house of the accused is situated adjacent to the house of the informant ..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
....he necessity and purpose of an application?
Generally, the application contains the information of the concerned person, his grievance and his prayers. The learned Judges on consideration of the facts revealed in the application, exercise their discretion.
44. A formal application, however......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals......ll questions arising for determination of such petitions shall be decided ordinarily upon affidavits but the Court may direct that such questions as it may consider necessary be decided on such other evidence and in such manner as it may deem fit and in that case it may follow such procedure and mak..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)
....nnot proceed with the case pending in the Court below and that being so, the proceedings of the case are liable to be quashed. 4. Mr. Md. Khurshid Alam Khan, however, candidly concedes that in the facts and circumstances of the case, there may be some ingredients of cheating as defined in Section...... High Court Division (Criminal Miscellaneous 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 Rul...... 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)
....g in the Court of Special Judge, Court No.7, Sher-e-Bangla Nagar, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assistant Director of t......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocates - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Nazneen (Rosy), Assistant Attorney General - For the Opposite Party No.1 (State). Md........ 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: ...... Not represented- the Respondent. First Appeal No. 68 of 1998. Judgment Obaidul Hassan J. - This appeal is directed at the instance 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,......was valued at taka 10/15 thousand. After taking loan he became ill. He further stated that he informed the bank about his illness in writing but the bank did not receive it. He further stated that as evidence he could not file any paper. Since 1989 he was ill. He denied the suggestion that he did no..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
.... No.1 submitted a written statement contending inter alia, that the suit is not maintainable, barred by the principles of estoppels, acquiescence, waiver, bad for insufficient of Court fees. The real facts of the written statement were as under:— (i) That the plaintiff, Tahsia Khanam in 1......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ......ore relief the plaintiff is entitled to get? 8. The husband of the plaintiff named Altaf Hossain was examined as the sole witness for the plaintiff and the following documents were admitted into evidence :— i) Dividend notice dated 29-6-1989 signed by the Secretary of the defendant N..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)
....ien on the vessel and therefore the defendant No. 1 vessel is not also liable for repayment to the plaintiff. 40. This is all about the Admiralty Suit No. 28 of 2009. We will now entire into the facts of the Admiralty Suit No. 27 of 2009. Facts of the Admiralty Suit No. 27 of 2009 41.......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co......dant Nos.1 and 3 nor he deposed as a witness upon having summons served from this Court. Moreover, the defendant Nos.1 and 3 exhibited documents which being the photocopy, hit under Section 65 of the evidence Act 1876 and as such cannot be taken into consideration and therefore the legal implication..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....de to a decision, reported in 3 BCR (SC) 50, in the case of Habibur Rahman Chowdhury Vs. State, it has been held that- "As a general rule bail should not be withheld as punishment unless the facts warrant such course." 12. Further reference may be made to a decision, reported in 35 D......wyers Involved: Sk Muhammad Serajul Islam, Advocate - For the Accused Appellant. KM Zahid Sarwar, Deputy Attorney-General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney-General and Monzu Naznin (Rosy), Assistant Attorney-General - For the State. Criminal Appeal No. 457 o......d be detained by way of punishment but whether the presence of the accused would be readily avail able for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidence." 11. Further reference may be made to a decision, reported in 3 BCR (SC) 50, in the..Category: Women and Children | Date: 2 May, 2011 | Hits: 171
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....een 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. The facts leading to institution of the suit, is that, the plaintiff being a sole proprietorship busines......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne......ted 28.4.1983 15. The parties cross-examined the respective other side witnesses at length and the learned Advocates appearing on behalf of the parties summarized and assessed the entire evidence before this Court at the time of argument. 16. The learned Advocate Mr. M. B. Taj Moham..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
....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: ......General-For the respondent. Criminal Appeal No. 2797 of 2002. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act, 1958 is directed against judgment and order dated 29.8.2002 passed by the Special Judge, Sylhet in Special Case No.123 of 2001 convict......esses. After the prosecution was closed, the learned Judge examined the appellant under section 342 of the Code of Criminal Procedure, to which he reiterated his innocence, and declined to adduce any evidence in defense. The defense case, as it transpires from the trend of cross-examination that the..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: .......- 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: ..Category: Banking Law | Date: 24 Apr, 2011 | Hits: 363
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