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Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....14(1) of the Ordinance. 7. Prof. Muhammad Yunus challenged these two orders in Writ Petition No.1980 of 2011 in the High Court Division claiming that he was appointed as Managing Director as per resolution of the Board in accordance with section 14(1) of the Ordinance, that the Grameen Bank Ord......ctor of the Bank, the principle of natural justice had to be followed before removing him from such office; b) this being an essential principle when a quasi-judicial body embarks on determining disputes between the parties, it should not be denied to a person even if he had no legal right; ..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. ......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 between the parties who agreed for holding of arbitration as such it shall prevail over gene..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......ally granted pardon on the basis of the advice of the Chief Minister. 23. In deciding the merit of the above appeal the Supreme Court of India categorically held that; "There cannot be any dispute with the proposition of law that the power of granting pardon under Article 161 is very wide..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ser-petitioner that respondent No.6 should have filed a separate suit for recovery of possession of his land without resorting to the provision of Order XXI Rule 100 of the Code of Civil Procedure as resolution of the contention of respondent No.6 requires determination disputed question of facts no......pted the submissions made by Mr. Rokanuddin Mahmud adding that the plaintiff-bank would be in serious problem in recovering its outstanding dues unless the auction purchaser is allowed to possess the disputed land in which he was inducted into possession through the Adalat. 12. Mr. AM Aminuddin..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......as lodged in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ...... Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed i..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... of the parties as well as the evidence, on record. Mr. Bhuiyan, formulated the following points of argument in support of the Rule; (a) Whenever the tenancy is admitted and whenever there is no dispute about the service of notice under section 106 of the Transfer of Property Act, a suit for ev..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
....lect the Directors", but the agenda was not transacted because of the order of status quo passed by the High Court Division in Writ Petition No. 6653 of 2008 which is very much apparent from the resolution taken in the AGM on the said agenda as has been quoted hereinbefore while stating the fac...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68.
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Rakibul Islam Vs. State, 2012, 41 CLC (HCD)
....used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ...... (AD) 151 and the case of State Vs. Monu Miah reported in 54 DLR (AD) 60. He did not fail to add that the deposition of the prosecution witnesses is not consistent. He has also mentioned that the dispute between the parties was amiably settled, the victim received Taka 1,50,000 being the enter..Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64
Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)
.... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......sion advanced by learned Assistant Attorney General and gone through the petition of complaint, wherein the petitioners have taken the grounds that the allegation of infringement of design is a civil dispute and does not constitute any criminal offence. The complainant has remedy in a suit for perpe..Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218
....s Act and the defendant No.2 was shown as the Managing Director in a meeting held in the Kuliarchar Ground Nut Mill, wherein, defendant Nos. 2-6 were shown present in that meeting and passed the said resolution, though the defendant Nos. 3-5 were out of Bangladesh at the relevant period. On getting ......Respondents
Judgment
March 19, 2012.
Result:
The appeal is allowed.
Following the circumstances of the case, according to the principle of law as laid down, the nature of the dispute is entirely a civil dispute and it can only be resolved by a competent civil Court.
The..
Category: Company Law | Date: 19 Mar, 2012 | Hits: 689
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......xt relied on the case of Shishir Kanti Pal Vs. Nur Muhmmad, 55 DLR (AD) 39 wherein it is held as "A registered document carries presumption of correctness of the endorsement made therein one who disputes this presumption is required to dislodge the correctness of the endorsement.&qu..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
.... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12. ......olation of the terms of the allotment letter. On consideration of the lease agreement as arrived between defendant No. 4 and defend-ant No. 1-3, in clause 15, it is the law that "If there by any dispute in terms and conditions and charges mentioned in the letter of allotment or in the BSIC Leas..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)
.... appeal below. These petitions are disposed of with the above observations and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ......nces of fine reduced by the Court of appeal below in the absence of revision petitions being filed by the complainant against the inadequacy of sentences of fine, if there be any. 4. There is no dispute that the petitioner issued the cheques in question which were dishonoured and thereafter, th..Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....) The Management shall take appropriate steps to ensure that all station managers, check-in staff and others concerned, including the crew on board, are aware of the Warrant of Precedence and this resolution.” 5. Upon placing this supplementary affidavit the respondent No.2 prayed t...... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)
....ociation of the company DULAL BROTHER LIMITED on the ground stated therein. 2. The learned Advocate Mr. Mohammad Hedayet Hossain, appearing on behalf of the petitioner, submits that by way of resolution dated 25.1.2012 the company DULAL BROTHER LIMITED in a extra-ordinary general meeting de...... of receipt of the file in the office. The office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 4 Mar, 2012 | Hits: 28
Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ......ssed by the learned Joint District Judge, 3rd Court, Dhaka directed the petitioner to pay Taka 22,03,240.15 in Title Execution Case No.25 of 2004. 2. Upon the contract dated 1-2-1996 there was a dispute and the dispute was referred to Mr. Justice Abdul Wadud Chowdhury, learned Arbitrator who pa..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......Court can be call for." Submits that unless the appellate Court's judgment is perverse, High Court Division cannot interfere with the decision of the lower appellate Court. 7. We do not dispute the proposition propounded in those cited decisions. 8. Now let us consider the questio..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
....gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
...... Adalat the appellant could not be designated as a bank loan defaulter. This Division, therefore, set aside the judgment of the High Court Division passed in the writ petition arising out of election dispute.
33. In the case in hand, as soon as the name of the appellant’s company, MAQ Enterprise ..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
....one should immediately pay, if not paid already, the fees, charges and VAT to the concerned authorities in accordance with law.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 401.
.......48 as MCF for the Grameen Phone. However, as the BTRC by the irnpugned memo dated 17-10-2011 demanded, amongst others, the said MCF on the 7.4 MHz spectrum assigned to the Grameen Phone in 2008, the dispute arose between the parties as the Grameen Phone refused to pay the same. By the impugned Memo..
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
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