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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. ...........................Respondents Judgment May 8, 2011. Result: The appeal is allowed. share "Share" means a share in the capital of the company, and includes stock except when a distinction between stock and shares is expressed or implied. So, share is a mova......e plaintiff upon form 117 for transfer of 30347 shares the name of purchaser was not written as it was not known as to who would be the purchaser. The plaintiff's husband and Sarkum Ali failed to sell or mortgage shares and ultimately requested the defendant No.7 to purchase the shares. The defe..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)
....the plaintiff is a company incorporated in South Korea and engaged in shipping business as Ship Manager and ship managing agent who in course of its business upon a negotiation made a ship management agreement with the defendant No.2, the disponent owner/charterer regarding the vessel M. V. TINAI an...... Present: AFM Abdur Rahman J Kyung Hae Maritime Co. Ltd 1197-2 choryang 3, Dong Dong-Gu Pusan City Republic of Korea as Manager / M.V. BF Glory (Ex-Kunai) represented by their Constituted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……......... lien upon the vessel accrued and as such the vessel is liable for due compensation payment and since the defendant failed to repay the dues of the plaintiff the suit is required to be decreed and to sell the vessel to realize the plaintiff’s claim. 38. On the other hand the learned Advocate ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....f entered into a contract for sale of the suit land on 18-7-1970 at a consideration of Taka 3, 33,000 with the defendant Nos.1 and 2's vendor. The defendant Nos.1 and 2 subsequently purchased the agreement as well as all assets of the 2nd party of the agreement and instituted the Other Suit No.4......t Appellants Vs. Imperial Chemical Industries Bangladesh Limited.........Plaintiff-Respondent Judgment March 20, 2011. Result: The appeal is allowed. Cases Referred to- Wali, 19 DLR (Sc) 143; 28 DLR 392. Lawyers Involved: Fazlul Karim with Md. Omar F......een ceased to claim any title in the suit land. In a suit for specific performance of contract the plaintiff is required to prove existence of a valid contract, due execution of agreement by the seller and payment of earnest money or entire consideration money. In the earlier suit those re..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......011. Lawyers Involved: Abdur Razzaq, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate on Record-For the Petitioners Not represented-the Respondents Civil Petition for Leave to Appeal No.1450 of 2009. (From the judgment and order dated 12.05.2009 passed by the High Court ......g appointed as guardian of his minor siblings and was appointed the guardian in Title Suit No.41 of 1980 and thereafter in Miscellaneous Case No.260 of 1988 Shamsher Dulal was granted permission to sell 115/16 and on behalf of minors. On 24.11.1979 Shamsher Dulal sold 1 decimals of land from sch..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....o. 4 had also paid a sum of Taka 16 (sixteen) crores to the government in consideration of the said transfer. 9. It has further been contended that according to clause 6 of the deed of agreement of transfer dated 15-9-1983 (Annexure-3) respondent No.4 was to abide by the Pubali B......………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is discharged. Cases Referred to- MH Chowdhury Vs. GM, Titas Gas Transmission and Distribution Co. Ltd. 1981 BLD (AD) 61; Baj...... 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)
....and participated by new Banks and Bangladesh Krishi Bank. 36. Section 37 of the Ordinance envisages that notwithstanding anything contained in any other law for the time being in force or in any agreement or contract or other instrument, upon the Establishment of the Bank, the Grameen Bank Proj......inancial Institutions Division, Ministry of Finance and others …………… Respondents Order March 8, 2011. Result: The writ petition is summarily rejected. Case referred to- United Commercial Bank Ltd and another Vs. Rahimafrooz Batteries and others, 7 BLC (AD) 73.......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. ..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
....nt case arbitration shall be governed by the Arbitration Act, 2001. Section 10 of the Arbitration Act, 2001 envisages power of the Court to stay illegal proceedings where there is an arbitration agreement between the parties to refer the Arbitration. It is pertinent to re-produce section 10 of ......titioner
Vs.
M/s. Abdul Mannan and anothers.................Respondents
Judgment
February 23, 2011.
Result:
These leave petitions are dismissed.
Cases Referred to-
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation, 8 MLR (AD) 4 = 55 DLR......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
....ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......he petitioner. Md. Mozibur Rahman Miah, Advcoate-For the respondent. Writ Petition No. 9069 of 2008. Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question two orders dated 16.10.2008 and 4.11.2008 r......s credit. The decree holder bank filed Artha Rin Execution Case No. 75 of 2005 before the Artha Rin Adalat No.1, Chittagong for execution of the decree, and filed an application seeking permission to sell the pledged goods and adjust the sale proceeds against the decretal amount. The executing Court..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....e limited company got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Chairman of the company on 19-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alh......Court
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and oth......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.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ......ondent Nos. 3-6. Civil Appeal No.134 of 2007. Judgment Surendra Kumar Sinha J. - Only point involves in this appeal is whether the Artha Rin Adalat can draw up a final decree beyond the statutory period of three years from the date of preliminary decree. 2. To decide this point let us re......ut of which this appeal has arisen. Appellant Rupali Bank Limited instituted a suit in the Artha Rin Adalat, Dhaka shortly, the Adalat, for realization of Tk.48, 68,970.270 against the respondents by selling the mortgaged property. The Adalat ultimately by judgment and order dated 5th February, 1997..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
....ment or in an establishment, but may not be made to work unless they have a certificate from a registered medical practitioner. Section 35 prohibits parents or guardians of any child to enter into an agreement concerning the employment of the child. However, she submits that the Labour Act defines a...... Division, Represented by Cabinet Secretary, Bangladesh Secretariat, Dhaka and others .........Respondents
Judgment
February 15, 2011.
Result:
The Rule is made absolute.
Case Referred to-
Ain O Salish Kendra (ASK), represented by its Executive Director and another Vs. Bangladesh, ......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].
..
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: ......titioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is discharged. Cases Referred to- 15 MLR (AD) 96, 13 BLC, 391; 14 BLC, 107 and 716. Lawyers Involved: Sk. Zulfiqur ......on contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The executing Court committed no wrong in issuing the warrant of arrest agains..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 ......………..Respondent Judgment February 9, 2011 Result: The Rule is discharged of. Artha Rin Adalat Ain, 2003; Section 32 The party (plaintiff-petitioner) took a wrong way to ventilate his grievances, other than the recourse prescribed by specific provisi......at Monikrishna Sen executed a will on 8-4-1991 in favour of Shankar Basu, who obtained probate vide Probate Case No.43 of 1992 wherein, it has been stated that the executor of will is not entitled to sell the schedule property but to enjoy the same; that Shankar Basu established Monikrishna Sen Decr..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....of the above, the Rule is discharged. The order of stay passed at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... 2. Facts relevant for disposal of the Rule are that a private company named Zarin Design Ltd. availed credit facilities from Southeast Bank Ltd., Uttara Branch (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the petitioner......nd machineries, and the petitioner mortgaged his property in favour of the creditor-bank. As the borrower-company failed to adjust the loan, the creditor-bank published the impugned auction notice to sell the petitioner’s mortgaged property. In that event the petitioner has moved the present writ ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 162
Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from the account by an agreement made with that bank, such person shall be deemed to have committed an offence..............................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, 2011. Result: The Rule is discharged. Cases Referred to- Sher Ali Vs. State, 46 DLR (AD) 67; 17 BLD (AD) 44=2 BLC (AD) 16, 36 DLR (AD) 14; 28 DLR (AD)......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ..Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361
Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)
....ank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, w...... Judgment February 3, 2011. Result: The Rule is discharged. Lawyers Involved: Meah Mohammad Kausar Alam, Advocate—For the Petitioners. Md. Sohrowardi, Deputy Attorney-General—For the State-Opposite-Party. Hossain-al-Amin, Advocate—For the Oppo...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..Category: Others | Date: 3 Feb, 2011 | Hits: 4
M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)
.... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ......gment January 26, 2011. The Bank Companies Act, 1991 (Act No. XIV of 1991) Section 44 read with Section 45(C) Mere inaction of a functionary of the state or of a local authority is not open to challenge under writ jurisdiction, unless it comes within the scope of article 102 of the constit......ank served a legal notice upon the petitioner-company on 12.12.2009 asking for payment of its outstanding dues amounting to taka 3, 64, 53, 434, 59/-. Later on the bank published an auction notice to sell the mortgaged property. In that event the petitioner-company moved Writ Petition No.5410 of 201..Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185
....epth and perspicacious analysis of the provisions mentioned hereinabove reveal that they are simply not enough to deal with the prevailing situation in this country, and to that extent we are in full agreement with the submissions put forward by the learned advocate for the petitioner organization. ......
(Special Original Jurisdiction)
Present:
Md. Imman Ali J
Sheikh Hassan Arif J
Bangladesh National Women Lawyers Association (BNWLA), represented by Salma Ali, Executive Director of BNWLA, Monico Mona Tower (1st & 2nd Floor), 48/3, West Agargaon, Shere Bangla Nagar, Dhak...... Nirjaton Daman Ain, 2000, Mobile Court Act, 2009 and Dhaka Metropolitan Police Ordinance, 1976. Section 292 of the Penal Code provides for three months imprisonment or fine or both for exhibiting or selling pornographic or obscene materials etc.; section 354 provides for two years imprisonment for ..
Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....ion declared that all existing law inconsistent with the provisions of part III of the Constitution (fundamental right) is void to the extent of such inconsistency. 40. We are in respectful agreement with the observation of this Division in 41 DLR (AD) 165 that validity of a law is to be ......Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petition for Leave to Appeal is dismissed. Words and Phrases Amendment and Amendment of a statute. ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ner. Mrs. Fowzia Karim Firoze - For the Respondents. Writ Petition No. 8197 of 2010 Judgment Md. Ruhul Quddus J.- This Rule Nisi, at the instance of a legal heir of a judgment debtor in a mortgage decree, was issued calling in question orders dated 1.7.2009 and 6.9.2009 passed b......in the Artha Rin Adalat, Faridpur on 19.6.2005. In course of proceedings in the said execution case, auction notices were published under section 33 (1) (4) of the Ain and attempts were made twice to sell the mortgaged property. As no bidder participated in the said auctions, the decree holder-bank ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
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