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Displaying 161-180 of 1636 results.

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

....ny. Section 76 of the Insurance Act, 2010 does not deal with voting rights to elect directors and Rule 15B of the said Rules is inapplicable and/or overridden by the CDBL system having a non-obstante clause in the governing law i.e.  The Depository Act, 1999 and the Depository Regulations, 2003..

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

Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)

....as been held by this Division in Md. Khairullah Bhuiyan Vs. Hazi Nurul Alam Chowdhury, 35 DLR (AD) 338, Separation necessarily means sub-Division of a joint tenancy and falls under and is governed by clause (c) of section 117. "Effect of separation of a share from the joint holding falls upon a..

Category: Property Law | Date: 15 May, 2011 | Hits: 100

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

....ncient times, gave way to procedural fairness based on the notion of dispensation of justice to the people for whom the judiciary exists. 30. The ‘due process of law’ as appearing in clause iv of the Petition of Right, 1354, and in Fifth and Fourteenth Amendments in the Constitution..

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

Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)

....fendant No. 1 vessel and under Article 27 of the said agreement the defendant No. 2 was debarred from transferring his right acquired under the agreement to any third party. But by violating the said clause the defendant No. 2 executed a ship management agreement with the plaintiff, obtained the sup..

Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70

M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)

....e defendant No.2 and the invoice dated 5-1-1993 issued by the defendant No. 6 and a so-called claim bill for damage for an amount of Tk. 18,3,800.00 wherefrom it appears that the bill of lading was a claused bill and not a clean one. Therefore, the defendant No. 4 rejected and repudiated the claim o..

Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64

ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)

....endants is in possession, for which the public servant cannot reasonably account, of pecuniary resources or of property disproportionate to his known sources of income. Explanation—In this clause "depend­ent" in relation to a public servant means his wife, children and step ..

Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3

GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....udgment the appellant decree holders (defendant Nos. 1 and 2 of Other Suit No. 41 of 1974) were directed to pay a soletium of Taka 1,00,000 to the judgment debtor within 30 days. There was no default clause, in the said judgment. In the case of wali reported in 19 DLR (Sc) 143 it has been held that ..

Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2

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

....this regard respondent No. 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 ..

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. ..

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

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....ty is entitled to ask for such proceedings to be stayed so as to enable the arbitration agreement to be carried out. It is, however, to be clearly understood that the mere existence of an arbitration clause in an agreement does not by itself operate as a bar to a suit in the Court. It does not by it..

Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10

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

....ther limitation or restriction excepting what is indicated by the words used therein. To do justice is the special preserve or domain of a court of law and this has been stressed by the words used in clause (b) as aforesaid. Since the point raised by the appellants required the deter­mination of..

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)

....e applicable in this matter. 7. Sub-rule (1) of rule 4 of order 34 provides that in a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned in clause (a), (b) and (c) of sub-rule (1) of Rule 2, and further directing that, in default of the def..

Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....ther person" cannot be read in isolation and has to be understood in the context of the other expressions used in subjection (1) of the section as noted above. 8. Banker has been defined in clause (b) of section 3 of the Act as under:— "3(b) "Banker" means a perso..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Bangladesh National Women Lawyers Association (BNWLA) Vs. Government of Bangladesh, 2011, 40 CLC (HCD)

....asure is evolved and/or enacted by our legislature. 24. Keeping intact the definition of “sexual harassment” given by this court in the above mentioned case, we wish to add a new sub-clause (m) to address the issue of ‘stalking’ of women and girls and for this purpose th..

Category: Women and Children | Date: 26 Jan, 2011 | Hits: 246

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....2008" giving its effect on the same date. Due to this amendment Article 12 of the Representation of the People Order, 1972 (hereinafter referred to as RPO, 1972) has undergone a change by inserting clause (3a) and clause (3b) after clause (3). 3. The writ petitioner challenged the legali­t..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11

Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)

....ion of the guidelines dated 31st October, 2010. The Constitution in Article 35(5) provides that no person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment. This clause relates to punishment upon conviction for a criminal offence. In our view it is all the more ..

Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248

Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....ved that the respondents failed to perform their part of the contract and make any payment of the outstanding loan and interest amounting to Taka 63, 54,326.33 by 1-1-1984. 24. As per Article 32 clause (b) of the Bangladesh Shilpa Rin Sangstha Order, 1972 the violation of the terms and conditio..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)

.... Rule, in short, is that the petitioner Gulshan Club Ltd. a company limited by guarantee, was incorporated under the Companies Act 1913. It was established in 1978 and is situated in Gulshan area. In clause 4 of Memorandum of Association of the Company it has been clearly stated: "The income an..

Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....hly tenant. In this regard it is pertinent to refer to the decision of the case of Shamsuddin Ahmed Vs. Mohd Hassan reported in 31 DLR (AD) 155 where tenancy was created for a period of two years. In clause 1 of the agreement it was not mentioned that the appellant was taking the prem­ises at a ..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Ms. Syeda Rizwana Hasan Vs. Bangladesh and others, 2010, 39 CLC (AD)

....power of the people." 14. B.B. Ray Chowdhury J. while endors­ing those arguments added as under: "In this backdrop the meaning of the expression "person aggrieved" occur­ring in the aforesaid clauses (1) and (2) (a) of Article 102 is to be under­stood and not in an isolated manner. It canno..

Category: Environmental Law | Date: 8 Nov, 2010 | Hits: 258