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Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)

....ove, we do not find any merit in the appeal and accordingly, the same is dismissed, however, without any order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......gment and order dated 15th July 2002 made the Rule absolute, set-aside the ex-parte order allowing the pre-emption application and restored Miscellaneous Case No.28 of 1995 to its original file and number. Against the said order of the learned Judge of the single Bench, the pre-emptor-appellant ..

Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....; Ed.                    This Case is also Reported in: 18 BLC (HCD) (2013) 470.   ...... failed to prove their title and possession in the suit land. Now thus it appears to me that the LD. Court below without discussing the evidence on record has clearly erred in placing reliance upon a number of documents marked Ext.1-37 without seeking proof of title and possession." And thus th..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

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

....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. ......nd enforceable by the High Court Division? The resolution taken by the Board of Directors of any Bank does not have the binding force of law and is enforceable by the High Court Division for a number of reasons. Firstly, because the decision that was taken did not reach finality for want of..

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

Humayun Kabir Patwary Vs. Secondary and Higher Secondary School Educa­tion Board, Comilla and 5 others, 2011, 40 CLC (HCD)

.... holding aforesaid election and/or pass such order or furtherorder or orders as to this Court may seem fit and proper. 2. Short facts for disposal of the Ruleare that the petitioner being a guardian voter being No.58 of voter list is oneof the candidates for the post of member in the category of gu......he date of receipt of this Judgment, positively. Order of stay granted at the time ofissuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 64 DLR (HCD)(2012) 65. ..

Category: Civil Law | Date: 25 Aug, 2011 | Hits: 5

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: ...... 2000 and Admiralty Suit No.43 of 2000 were dismissed on 27.1.2010, but restored on 11.2.2010. So also the other Admiralty Suits were dismissed on 4.8.2004 and ultimately restored on 11.2.2010 to its number and file. 4. After the restoration of these suits the plaintiffs of all the suits made am..

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

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

....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. ......ress my opinion separately on the question of the High Court Division's power to quash a criminal pro­ceeding in exercise of powers under Article 102 of the Constitution. We have come across in a number of cases and find the High Court Division is not maintaining uniformity in enter­taining an..

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

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

....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. ......ief that he was present in the salish along with P.Ws. 2 and 3. In this regard, the appellate Court also failed to notice section 134 of the Evidence Act which has clearly provided that no particular number of witnesses is necessary to prove a fact. Thus, it appears to me that the appellate Court to..

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

Nazir Vs. State, 2011, 40 CLC (HCD)

.... this Rule. 30. Accordingly, the Rule is discharged. Communicate this judgment to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 317. ...... within the meaning of section 3 of the Evidence Act........ (18) Conviction can be awarded on the evidence of a solitary witness Section 134 of Evidence Act contemplates that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as such, convicti..

Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2

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

....wed for pursuing election of directors are following: — "Director of the company to be eligible for being elected as director, he himself must be a member of the company. ii. The voters to be eligible to elect a director must be member of the company and none but member of the c......ere issued in paper/script form. At the time of listing on the Stock Exchange with the IPO, there were only 20(twenty) share-holders acting as promoters/sponsors, who had subs­cribed to 1, 50,000 number of ordinary shares prior to the issuance of IPO. 7. Thus, the ratio of share-holding bet..

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

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

....authorized, is maintained. No order as to costs. This Case is also Reported in:                   ......eenbaum, where as a Law Lord he indicated that certiorari may be granted even to a stranger. Since 1968, Lord Denning M.R., in the Court of Appeal, allowed standing to one Raymond Blackburn in a number of cases and made the prerogative remedies available to any responsible citizen (The Discipli..

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

Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)

....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.     ......er name was duly registered in the register book. As per the existing law her share holdership still existing. The valua­tion of each share was at the rate of Taka 100 only. The share certificate number of plaintiff is 02401 and share numbers being 512992-543338. Those shares have been deposited..

Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9

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:   ......nder the same sections of law by order dated 11.3.1999, to which the appellant pleaded not guilty and claimed to be tried. Subsequently the case was transferred to the Special Judge, Sylhet and was renumbered as Special Case No. 123 of 2001. 5. The prosecution in order to prove its case examined ..

Category: Anti-Corruption Laws | Date: 25 Apr, 2011 | Hits: 200

Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)

....ther writ petition itself is maintainable in law or whether the writ petitioner has got any interest in the matter which if not protected he shall suffer injury. Wrong description/inclusion of a voter in the voter list According to section 14 of Act No.6 of 2009, because of wrong descripti......we find no merit in the sub­missions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ..

Category: Election Law | Date: 3 Apr, 2011 | Hits: 168

Chunnu Vs. State, 2011, 40 CLC (HCD)

....icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ......f the Penal Code. 5. The case, being ready for trial, was sent to the Court of Sessions Judge, Nilphamary, wherefrom the same was transferred to the Druto Bichar Tribunal, Rajshahi for trial and numbered as Druto Bichar Tribunal Case No.23 of 2004. The Tribunal on 12-8-2004 framed charge agains..

Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6

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

.... 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.   ......iption giving preference to the Bangladeshi shareholders as on 27-3-72 of the erstwhile Eastern Mercantile Bank Limited referred to as the "existing Bank' in the PO No. 26 of 1972 to buy the number of shares proportionate to their respective shares in the erstwhile Bank. Rest of the shares ..

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

Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)

.... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ......ion procedure. It also appears that the trial Court found that the pub­lication of the proclamation in the local Newspaper (Exhibit-"Ka") has no existence in the locality and there is no declaration number, the publisher, the auditor etc and thus clearly opined that which is a fabricated documents...

Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185

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. ......District Judge, Dhaka for Specific Performance of Contract in respect of the suit prop­erty which was subsequently transferred to the Court of Joint District Judge, Arbitration Court, Dhaka and renumbered as Title Suit. No.102 of 2004. In the plaint the plaintiffs stated, inter alia, that the de..

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

Bangladesh National Women Lawyers Association Vs. Cabinet Secretary, Bangladesh Secretariat, Dhaka and others, 2011, 40 CLC (HCD)

....ARK (SCSD), CHILD DOMESTIC WORKERS – LIVING INSIDE ROOM AND OUTSIDE LAW AND ROLE OF GOVT. AND CIVIL SOCIETIES IN BANGLADESH , 36-37 (2009) [hereinafter SCSD REPORT ON CHILD DOMESTIC WORKERS]. ......ocate for the petitioner has filed in Court a supplementary affidavit annexing paper cuttings relating to several incidents of child domestic workers who have been mistreated by their employers and a number of whom were raped and some of them were either murdered or committed suicide. In a separate ..

Category: Women and Children | Date: 15 Feb, 2011 | Hits: 265

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

.... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... Artha Rin Adalat Ain, 2003 (herein after referred to ‘the Ain’), the said execution case was transferred to newly constituted Artha Rin Adalat No.1, Chittagong for disposal and was admitted on renumbering as Artha Rin Execution Case No.741 of 2003 by order dated 1.7.2003. In course of proceedin..

Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ...... the plaint holding that the suit is barred by section 20 of the Artha Rin Adalat Ain, 2003 which does not call for any interference. 17. Mr. Zafarullah Chowdhury, finally relying on a number of decisions namely the decisions reported in 49 DLR (AD) 135, 8 BLC 411, 59 DLR 695, 51 DLR ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2