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KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......ime that respondent Nos.10 and 11 were also disqualified like the petitioner firm on account of conducting audit on telecom operators in the last three years. Rather, we are of the view that BTRC willfully waived the said disqualification in clear violation of the terms of the tender notice. Further......ity is not bound to implement the said decision of the Review Panel. Mr. Reza further argues that the petitioners have not come in clean hand as they are serving the interest of Grameen phone to sabotage the audit of respondent No.12 on Grameen Phone as huge irregularities were found in the said aud..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. ......and is awarding degrees which are recognised by the University Grants Commission and there is no earthly reason why the degree should not be recognised by DESA. Moreover, he points out that DESA knew full well that the petitioner took permission to study for this further degree and upon qualifying w......E or equivalent degree was applicable to and actually applied by DESA to many of its Diploma-holder Sub Assistant Engineers. The respondent No.1 writ petitioner, with the prior perÂmission of the management of DESA completed his Bachelor of Science and Electrical and Electronic Engineering (BSEEE) ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......ial point at issue concurÂring with that of the trial court. The revisional court, if found any error in that decision, it could have rejected that deciÂsion and given its own decision by writing a full fledged judgment. In the above facts and circumstances we send back the case to the High Cou......der. They are owning and possessing the remaining of the divisÂible land described in schedule "Ka" to the plaint. That during S.A. operation Abdul Gafur was ill and bed-ridden and taking that advantage Ismail Chowkider got excess land than his actual share recorded in his name and in the name of h..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
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 brothÂer, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......1 AC 495; Babhutmal Vs. Laxmibai, AIR 1975 SC 1297; Rex Vs. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137; Achutananda Baidya Vs. Profulla Kumar Gayen, AIR 1997 SC 2077; Harun-Or-Rashid Vs. Pubali Bank 60 DLR (AD) 18; Haryana Vs. Bh......ve entertained petitions under section 561A of the Code of Criminal Procedure on the same subject matter. Some Benches are of the opinion that a criminal proceeding can be quashed at the initial stage of investigation and some other Benches have taken different views. As a result, accumulation o..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....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. ...... State, 16 DLR (SC) 261; Anisur Rahman Vs. State, 6 BLD (AD) 77; 11 DLR (SC) 365; PLD 1956 (SC) 286; 33 DLR 402; 44 DLR 136; Abdul Haq Vs. State, 14 BLT 485; Fazlur Rahman Vs. States, 1 BLC 558; Rekatfullah Vs. State, 13 DLR 750; Monsur Ali Vs. State, 13 BLC 196; State Vs. Badsha Molla, 41 DLR 11; S......e scene and seized some explosive substances like pencil battery, a torn plastic bag, dust of wood, leaflets etc and prepared seizure list in presence of the witnesses. At that time he received a message that identical explosions happened at Chuadanga Bus stand, in front of LGED and DB Offices and J..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......er Note No. CGIC/BBA/MC-112/05/99(CO-INS) dated 12.05.1999 from the City General Insurance Company Limited, Dhaka. The Shipper-seller ANDRE (CAYMAN ISLAND) TRADING CO. LTD., shipped the said cargo in full quantity and in good order and condition through the defendant No.1 vessel M.T. SCEPTRE flying .......924 M.T. of CDSO having 76.076 M.T. short. The plaintiff suffered loss for the said short landing and accordingly submitted a claim bill to the defendant No.4, M/S. Rainbow Shipping Lines, the local agent of the defendant No.1 vessel M.T. SCEPTRE and demanded immediate arrangement for settlement of..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... and renumbered as Artha Rin Case No.123 of 1990. The respondent No.1, being absent when the matter was taken up for hearing, the suit was deereed ex-parte on 28.01.1991. The suit was decreed for the full claim with interest at the rate of 6% per anum from the date of filing till the date of decree.......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain j Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repreÂsented by its Manager, Kangshanagar Branch, Comilla………………………………Petitioner Vs. Abdul..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 162
Sonali Bank Limited Vs. Abdul Malek and another, 2011, 40 CLC (HCD)
....w that this Civil Petition for Leave to Appeal has no merit and is, accordingly dismissed, without, however, any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 649. ...... and renumbered as Artha Rin Case No.123 of 1990. The respondent No.1, being absent when the matter was taken up for hearing, the suit was deereed ex-parte on 28.01.1991. The suit was decreed for the full claim with interest at the rate of 6% per anum from the date of filing till the date of decree.......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain j Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Sonali Bank Limited, repreÂsented by its Manager, Kangshanagar Branch, Comilla……………………Petitioner Vs. Abdul Malek and a..Category: Banking Law | Date: 22 Jun, 2011 | Hits: 7
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. ......sting and whenever she used to come to her husband's house, she requested the seller-opposite party to parÂtition the case land along with the other land but every time he avoided the proposÂal tactfully. The co-sharer opposite party No.5 lives in Dhaka permanently with her husband. Recently when ......e same to pre-emptee’s predeÂcessor and after purchase he filled up the land at a cost of Tk.2,00,000/- and erected structures. Pre-emptor was aware about the transfer as she used to visit her village occasionally and as such it was known to her that the pre-emptees are the owners of the land by ..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. ......plates that no particular number of witnesses shall, in any case, be required for the proof of any fact and, as such, conviction can be based on the evidence of a solitary witness, if his evidence is full, complete and self contained............(18) If the accused being enlarged on bail remains......esult: The Rule is discharged. No time bar for section 561A It is pertinent to note that the inherent power under section 561A of the Code of Criminal Procedure can be invoked at any stage of proceeding even after the conclusion of trial, if it is necessary to prevent the abuse of the..Category: Criminal Law | Date: 7 Jun, 2011 | Hits: 2
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....hu Nirjatan Daman Ain the following are the essentials:- i) There should be an illegitunate desire to fulfill sexual need. ii) To fulfill the said desire the accused should touch any organ of a woman or a girl of any age by hands or by any substance. Or iii) The accused commits sexual inter......ed appellant committed an offence punishable under section 10 of the Nari-O-Shishu Nirjatan Daman Ain, 2002. He submitted that the Tribunal after considering the evidence on record has rightly and lawfully found the accused appellant guilty of the offence punishable under section 10 of the Nari-O-Sh......or the respondent No.1. Criminal Appeal No. 6821 of 2009. Judgment Shahidul Islam J. - This appeal has been preferred by convict appellant Md. Majedur Rahman, son of Mojir Uddin Ahmed of village-Dakkhin Nashratpur, Police Station- Chirirbandar, District-Dinajpur against the judgment and ord..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... has to be settled from pleadings. Formal defect includes every kind of defect which is in no way affect the merits of the case i.e. a defect of form not a defect in the merits of the case. In the full Bench decision of Ramras Vs. Appanna, AIR 1940 Bom. 121 (FB) it is held that expression 'forma......4 DLR 416, where it has been held that 'There is no legal bar in granting an application for withdrawal of a suit with liberty to file a suit afresh on the self same matter even at the revisional stage provided the other requirements of the law are complied with. In the case of Abdur Rahman Vs. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......t has further been stated by the petitioner that he is the holder of the dematerialized shares in his Beneficiary's Account No.1202530003757944 and as a share holder of the company, he is lawfully entitled to vote in electing the sponsor and public directors of the said company by two diffe......If the legislature had the intention only to debar the sponsor shareholders in participating election of directors representing public subscribers then the legislature would provide in the plain language to that effect stating that in clear language that the sponsor shareholders shall not be eligibl..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)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......completely distinct. The expression ‘vest’ means to give an immediate, fixed right of present or future enjoyment; to accrue to; to be fixed; to take effect; to clothe with possession; to deliver full possession of land or of an estate. 11. In Stroud’s Judicial Dictionary, 4th Edn, the word â...... may subsist in another to diminution of its value, but consistent with the passing of the fee by conveyance......A claim, lien, charge, or liability attached to and binding real property i.e. a mortgage; judgment lien; mechanics’ lien; security interest; easement or right of way; accrued and unpa..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....o mark of struggle at any parts of her body. 8. The story of disclosure of the above facts to her parents after lapse of 5 months pregnancy is also not humanly probable. It is usual that if any woman conceived the symptoms of pregnancy starts in her body from 2-3 months of pregnancy and it is ...... 9. Learned Counsel further submits that in this case no independent corroborative witnesses have been examined, rather the evidence of the parents and the victim herself are self contradictory and full of embellishments. In fact, this case is of no evidence and as such the impugned judgment and o......ant application under Section 561A of the Code of Criminal Procedure upon which rule was issued. 3. It appears from the record that one Md. Alauddin Bepari, Son of Late Reaz Uddin Bepari, of village-Konoiyadda, Police station-Bauphal, District-Patuakhali, A/P. Modhyerchar, Police Station-Kerani..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
.... helping reassuring hands of law and justice.
51. Admittedly, there was no application in the instant case. There was a news-paper report about the sad plight of Shahida, an unfortunate helpless woman.
52. I would not however, make a pretence that the letters, post-cards, telegrams and eve......................................, having been appointed Chief Justice of Bangladesh (or Judge of the Appellate/High Court Division of the Supreme Court) do solemnly swear (or affirm) that I will faithfully discharge the duties of my office according to law:
That I will bear true faith and alleg......2001.
(From the judgment and order dated 1st January,2001 passed by the High Court Division in Writ Petition No.5897 of 2000).
Judgment
A. B. M. Khairul Haque CJ-. I have had the advantage of reading the draft of the judgments proposed to be delivered by my learned brothers Md. Abdul ..
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. ......hy;ture on the instrument of transfer submitted to you is forged. I would request you kindly to take necessary action to protect my interest. Thanking you Yours faithfully- Sd. (Tahsia Khanom) House No.13/A, Road No.18 Banani Model Town, Dhaka C.C. to...... 9-4-1991 informed that he got those shares from Sarkum Ali and thereafter returned back those shares to said Sarkum Ali but Sarkum Ali by letter dated 20-11-1995 informed that those shares were mortgaged with the defendant No.4. The defendant No.6 on 20-11-1995 wrote a letter to the defendant No.2 ..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)
....No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......yment to the plaintiff. It has been categorically asserted that the plaintiff and the defendant No. 2 with ill motive created a fictitious ship management agreement dated 22nd September, 2008 knowing fully well that the defendant No. 2 had no authority to enter into such agreement. The plaintiff in ...... High Court Division (Special Original Jurisdiction) 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..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)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......L/C that all shipments under this credit must be advised by the supplier immediately after shipment directly to the Insurance Company M/S. Peoples Insurance Company limited, the defendant No.4 giving full details of shipment. The plaintiff itself did not receive any such information till 27-4-1993 o...... Sheds, 6, Garden Reach road, Calcutta 700043 India, owner of the ship M. V. Dijendralal. 3. Samudrajatra Shipping Lines Ltd., WASA Bhavan (1st floor) 98 Kazi Nazrul Islam Avenue, Dhaka-1215 local agent of M. V. dijendralal, the carrier vessel and its owner the Defendant No.2. 4. Peoples Insur..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....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: ...... her parent’s house. P.W.3 Shahin Fakir, son of the informant and a student of class-V stated that during commission of the occurrence, he waked up and could recognize the appellants, who were forcefully taking away his elder sister. 10. P.W.4 Md. Ishak Molla, a neighbour of the informant s......he accused persons being equipped with dao, stick, cut rifle, iron rod and knife had appeared in front of her house and called with the name of her husband at about 1/1.30 a.m. on 24.4.1995. At one stage they entered into the house breaking the door and kidnapped her daughter Rina Begum. As she and ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
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