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Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....e year ended December 31, 2007. (3) To appoint Auditors for the term until the next Annual General Meeting and fix their remuneration. (4) To elect Directors. (5) To transact any other business with the permission of the Chair. 7. Petitioner Nos.1-3 are sponsor shareholder Direct......ha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners Vs. Export Import Bank of Bangladesh Limited and Others……….Respondent Judgment ......2009. 3. In the application, it was contended, inter alia, that respondent No.1, namely, Export and Import Bank of Bangladesh Limited (EXIM Bank) formerly Bengal Export Import Bank Limited was incorporated with respondent No.6 under incorporation certificate No.7864(2154) dated 02.06.1999 as a ...... 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

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

.... complaint before the Chief Metropolitan Magistrate, Chittagong against the leave petitioner (hereinafter referred to as the accused-petitioner) alleging, inter alia, that he is the proprietor of his business establishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the...... Case Referred to- Golam Sarwar Him Vs. State, 13 MLR (AD) 103 =14 BLC (AD) 26. Lawyers Involved: SK. Zulfiqur Bulbul Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to A......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... necessary for disposal of the case are as follows:- The petitioner, ABC Attire Limited (hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obtained some loan for running facto­ry from respondent No.9 i.e. Sonali Bank ......ive Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Awal Bhuiyan, 1 BCR 8; Elite Lamps Ltd. Vs. Secretary, Ministry of Industries, 61 DLR 641; Professor Abdur Rahim Khan Vs. Bangladesh, through the Secretary, Ministry of Industries, 7 BLT (AD) 313; M...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....ruption Commission before this Court. 11. This case has a history as to that the oppo­site party No.1 Unipay To You, Bangladesh Ltd. was registered as Private Limited Company and started its business. After some days Bangladesh Bank by its circular MLPRO circular No.2 of 2010 dated 13-5-201...... also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......48(1)2011 is hereby quashed. The trial Court is directed to pro­ceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Commissioner of Customs and another Vs. Equity Construction Pvt. Ltd., 2012, 41 CLC (AD)

....r, we find merit in this petition. Leave is, therefore, granted to consider on additional grounds as under: "I. Because, the goods in question imported by the petitioner showing for construction business under clause 24.10 of the Import Policy order, 2003-2006, which is not applicable to the Co......ar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Commissioner of Customs, Customs House (Import), Chittagong and another.................................................Petitioners Vs. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ......extended till disposal of the appeal. Let this appeal be heard along with the appeals arising out of C.P. Nos. 1396-1397 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 876. ..

Category: Fiscal/Taxation Law | Date: 15 Mar, 2012 | Hits: 87

Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)

....gladesh. It is the only shopping complex having open roof. It has been contended that the layout and master plan of the market has been prepared in such a way that all the shoppers can go about their business without filling congested. It's specious design to make the shoppers of the city comfor......eme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Dhaka New Market......................Petitioners Vs. City Corporation…………...........Respondents Judgment March 14, 2012 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ..

Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2

Swadhin Chandra Mandal and others Vs. Bangladesh University Grants Commission (UGC), 2012, 41 CLC (HCD)

....gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......ssion (UGC) and others........Respondents Judgment  March 14, 2012.   Result: The rule is made absolute Lawyers Involved: Md. Badruddoza, Advocate—For the Petitioners. Mahbubey Alam with ABM Bayezid—For the Respondents No.1, 4 & 6. ......gy University be allowed to continue with their regular studies accordingly. However, there shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 166. ......ests powers in the UGC to assist and co-ordinate the affairs of the universities within Bangladesh but not to boss around the functions of the universities inasmuch as, both of them are the statutory bodies having equal status in the eye of law. He submits that the UGC acted bonafide and in accordan..

Category: Others | Date: 14 Mar, 2012 | Hits: 5

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....ported machineries from abroad to the tune of Taka 16,00,000, appointed emplo­yees, workers and thereafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did not execute registered lea......so Reported in: 18 BLC (HCD) (2013) 12.  ...... 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.  ...... 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.  ..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e by some unscrupulous employees, who are in charge of managing and selling the tickets. In addition to the same, the petitioner further alleged that all the international airlines, who are in the business today, do not allow extra weight to be carried, along with the passengers, unless a specif...... ......able in the passenger list of the said flight, in order of the hierarchy as set out in the Warrant of Precedence. 2. In the writ petition it is stated that the Bangladesh Biman is a statutory corporate body run by its Board of Directors, who, by exercising its discretion, passed an order, a...... 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)

.... of its property or properties as the directors of the company deem fit and necessary. To purchase, takeover or otherwise acquire and undertake, the whole or any part of or any interest in the business goodwill, property, contracts, agreements, right privileges, effects and liabilities of a......s directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in:    .............. of the memorandum of association is proposed to be amended to include a further provisions as object sub-clause No.35A and 35B to the following extent; “35A & 35B: To provide corporate guarantee or any other guarantee for or on behalf of itself or for any other company/sis...... 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

Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)

.... Advocate, appearing on behalf of the leave petitioner, submits that the High Court Division failed to notice that a com­pany in liquidation cannot reinstate respondent No.1 to his former post as no business is carried out by a liquidated company and that the business and com­mercial activities of...... Md. Ali Hossain and another................................Respondents Judgment March 4, 2012. Result: The appeal is dismissed. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Altab Hossain, Advocate-on-Record-For the Petitioner. Abdur Razz...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ...... appreciation of law and fact do not call for interference. Accordingly, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 624. ..

Category: Labour and Industrial Law | Date: 4 Mar, 2012 | Hits: 238

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ......te Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J M/s. Sadharan Bima Corporation.........................Petitioner (In both the cases) Vs. United Fish Exports ......e judgment and decree of the trial court. 6. The case of the plaintiff of Money Suit No.19 of 1993 (the present respondent No.1), in short, was that the plaintiff was a private limited company incorporated on 31st December, 1987 and had been carry­ing on fish processing and exporting busi­nes......The accident of leakage of ammonia in the insured factory took place on 22.05.1992. Admittedly, immediate after this accident the plaintiff informed the insurance company and also all other concerned bodies including the lending bank, police etc. about that accident and filed its claim of insurance ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

....n in Annexure "E" should not be declared to have been published without lawful authority and is of no legal effect. 2. The petitioner is owner and proprietor of M/s Saimon Enterprise a business firm having countrywide representatives. The respondent No.3, South-East Bank Ltd. represen...... The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur Rahman, Advocate—For the Petitioner. Ziaul Hasan, Advocate—For the Respondent No.3. Md. Mozaliarul Isl......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....er the Court will grant any interest on this amount for the period beginning form 13-12-71 to filing of the suit on 29-12-74. As the company came under total disability in the matter of operating its business as well as the Bank accounts for no fault for its own, it can legitimately ask for not gran......lso Reported in: 68 DLR (HCD) (2016) 73     ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ......dismissed without any order as to cost. Send down the LC record with a copy of the judgment at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 73     ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....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. ......ct. 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. ......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. ......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. ..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Major General Amjad Khan Chowdhury (Retd.) Vs. Parle Agro Products Ltd. & another, 2012, 41 CLC (HCD)

.... the register, having been contested by the respondent, the same is disposed of by this judgment. Facts of the case: 2. It has been asserted in the application that the petitioner is engaged in business of manufacturing and marketing of fruit juice of international quality and launched the pro......e "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ......rade mark No.31112 in Class -32 for the Trade Name "FROOTI", in accordance with law. However, there shall be no order as to costs. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 730. ..

Category: Intellectual Property Law | Date: 12 Feb, 2012 | Hits: 91

Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)

....d to maintain possession of the part of the property where the par­ties are holding for their respective dwelling pur­poses but the remaining properties which are being held by tenants or for business purpose shall be brought under the control and management of the Receiver. The Deputy Commi......ip;.....Respondents Judgment  February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapoor (2001) SCC 118. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ..

Category: Property Law | Date: 7 Feb, 2012 | Hits: 4

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ng the relevant times. Section 4 provided the purpose for which a non-agricultural tenant may hold non-agri­cultural land i.e. for (a) homestead or residen­tial purposes; (b) manufacturing or business purposes; or (c) religious or other purposes. The word 'homestead' includes gardens......s Judgment  February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanc­tion of the Administrator. The language used in this section is so explicit that the mut......wn the con­struction and restrict the scope of its opera­tion. In such cases the non-obstante clause has to be read as clarifying the whole posi­tion and must be understood to have been incorporated in the enactment by the legis­lature by way of abundant caution and not by way of lim......bdul Wahhab Miah J. I agree with the reason­ing and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33.   ..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment January 26, 2012. Result: The petition is dismissed. When any license is issued to any busi­ness enterprise for the purpose of running any business, it is a pre-condition that Rules, Regulations, terms and conditions attached to the licens......ultana J Syed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgmen......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....r and the owner of the land to sign the contract of such forward sale along with the prospective buyer which is called a tripartite agreement. And now this kind of transaction is known as real estate business. It is also to be noted that in this kind of deal or transaction, the entire financial inve......Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For the Petitioners.  Mahmudu......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ......the supplementary agreement dated 16-8-2004. With the above observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 27, 18 MLR (AD) (2013) 65. ..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87