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Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....at may be directed to do the act as prayed for…………….(10) Power of any Bank company If any decision is taken by the Bank that is to be implemented by itself. Bank Company is an independent iden­tity. It has its objectives and internal policy to pur­sue. As the majority shar......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

....The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ......of the vessel MV ACCORD claimed their contracted wages under the agreement dated 2.12.1999 Exhibit 2, and as the plaintiffs have admittedly served on board the vessel M. V. ACCORD since neither their appointment and since the appointing authority nor the owner of the vessel have paid the plaintiff w..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)

....ation of awarding contract if a certificate of public interest is issued by the head of procuring entity. No such exception has been provided to the provisions of sub-rule-(2) of Rule-59, which is an independent provision. However, it appears that not only the notification of awarding contract has b......ation Regulatory Commission (BTRC) (respondent No.2) under the signature of the respondent No.8 refusing to implement the decision/verdict of the Review Panel-01 dated 8-5-2011 (Annexure-I) regarding appointment of Chartered Account­ant Firms by BTRC for Inspection and Special Audit/Information ..

Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20

Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)

....not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ......g held on 15.12.1992 and hence that provision was thenceforth ineffective. It is further claimed that no verbal assurance was given to the writ petitioner of any favourable consideration and that the appointment of the eight per­sons to the post of Assistant Engineer was made on special considerati..

Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....7 is a penal provision for falsifying statement of the company. If those observations remain in the judgment, the trial Court will not be able to adjudicate upon all the points involve in the case independently. Accordingly those observations are expunged. 70. In Civil Appeal No.13 of 2011......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned broth­er, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

....atin Mehedi alias Matinul Islam alias Mahbub Matin alias Mehedi Hasan alias Matinul Haq Mondal, 11. Mohan, 12. Tuhin Reja were implicated by the confessions of co-accused Rinku and Mithun without any independent corroborative evidence. 64. It is well settled that the confession of an accused is......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53.     ..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....improvement and constructions were made in 1995 to the knowledge of the pre-emptor, that the pre-emptor's witnesses being the nearest relations, they could not be relied upon without corroboration by independent wit­nesses and that the pre-emptor failed to prove that in the alleged salish there was......ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169

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:  ......uring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”, which runs as follows:- “সহ-ঠিকাদা..

Category: Civil Law | Date: 29 May, 2011 | Hits: 21

Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)

....n Insurance company shall comprise of 20 directors, out of which 12 directors ought to be elected from the sponsors, 6 directors to be elected from public subscribers and 2 directors to be elected as independent directors. It has been asserted by the petitioner that the shares issued by the responde......foreign to the Companies Act, 1994 as well. It is asserted by the respondents that the Rule, having spelt out the method of appointing Election Com­mission, this Court should not venture into the appointment of an Election Commission in contravention of the said in as much as, when no case been ..

Category: Company Law | Date: 26 May, 2011 | Hits: 9

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: ......Lecturer by the Ministry of Establishment, having been recommended by the Public Service Commission. Accordingly, he joined Netrokona Government College as Lecturer of Philosophy on 20.10.1996 vide appointment letter dated 16.10.1996 issued by the Ministry of Education (Annexure-A series). The po..

Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22

Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)

.... image of the peti­tioner who has been bearing a chequered and unblemished political career since pre-liberation era and who was one of the organizers of the movement that has led to the birth of independent Bangladesh. In these facts and circumstances, the learned Advocate summarises that, the ......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

Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)

....oner will have to pay Tk. 35,000/- as fine and on his failure to pay the said amount the case was initiated after lapse of about 8 months. 9. Learned Counsel further submits that in this case no independent corroborative witnesses have been examined, rather the evidence of the parents and the v......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. ..

Category: Women and Children | Date: 15 May, 2011 | Hits: 95

Mohammad Tayeeb and another Vs. Government of the People’s Republic of Bangladesh (Fatwa Judgment), 2011, 40 CLC (AD)

....mpanions of our Holy Prophet. Our beloved Prophet himself was respectful towards womenfolk and we all should follow his noble example. 112. Under the circumstances, nobody is allowed to function independent of or in derogation of the laws of the land. As such, although a Mufti, Maulana, or Imam......authorized, is maintained. No order as to costs. This Case is also Reported in:                   ..

Category: Civil Law | Date: 12 May, 2011 | Hits: 34

Obaidul Kader (Md.) Vs. State, 2011, 40 CLC (HCD)

....vested in the ACC. The ACC owes it's existence not only to sub-section (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word 'স্বাধীন' or "independent", has been used in sub-section (2) of section 3, denotes inde­pendence from ext....... 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

Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)

....d emotionally influenced by her parents. P.W.3 Shahin Fakir was a minor boy and in the facts and circumstances it is not unlikely that he was tutored by his parents. 23. P.W.4 Ishak Molla, an independent witness stated that he rushed to the house of occurrence immediately after the occurrenc......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159

Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)

....ained the Rule and subsequently got an order of status quo on 6.8.2002. 6. Mrs. Joya Barttacharjee, learned Advocate appearing for the petitioner submits that the lower appellate Court without any independent discussion over the issues mechanically dittoed the trial Court’s judgment and thereby......he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ..

Category: Property Law | Date: 20 Mar, 2011 | Hits: 59

Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

....nally created, it may be said that such compa­ny or enterprise has maintained its corporate character. If, this is not so and its functioning is seen to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalized enterprise or company is submerg...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448.   ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......k. 7. Accordingly, the then Chairman of the Board of Directors of Grameen Bank, shortly the Board, by a letter dated 14.08.1990 requested Bangladesh Bank to accord approval of the petitioner’s appointment under Section 14(1) of the Ordinance stating that the Board, in its meeting held on 13.0..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......rity bond (Exhibit 9) original lease deed (Exhibit 10), letters issued by defendant No. 2 to Alhaj Monsurur Rahman (Exhibit 11 series), complaint petition case No. 5877 of 2001 (Exhibit 14), order of appointment of 10 Ansars with payment receipt (Exhibit 15 series), plaint of Title Suit No. 1 of 199..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Abu Hanifa (Md.) Vs. Md. Shafiul Bashar and others, 2011, 40 CLC (AD)

....dgment and order dated 1-11-2003 passed by a Division Bench of the High Court Division in Writ Petition No.7505 of 2002 is hereby affirmed. Ed. This Caseis also Reported in: 65 DLR (AD) (2013) 243. ......making the Rule absolute and declaring the memo No.1229 Bichar 7/2N-170/78 (Angsha-1) dated 14-11-2002 revoking the licence of Nikah Registrar of the writ petitioner-respondent No.1 and approving the appointment of the writ respondent No. 4 appellant as Nikah Registrar on temporary basis to be witho..

Category: Civil Law | Date: 15 Feb, 2011 | Hits: 8