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Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)

....application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ...... their respective signatures on the resolution in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Company invested huge amount of money and also mortgaged his landed property to Sonali Bank for the project loan of the Co......pective signatures on the resolution in the usual manner. It is further claimed that the respondent No. 2 as the Chairman and Managing Director of the respondent No. 1 Company invested huge amount of money and also mortgaged his landed property to Sonali Bank for the project loan of the Company. It ..

Category: Company Law | Date: | Hits: 247

Md. Kamal and another Vs. State, 2010, 39 CLC (AD)

....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......n Sardar and Kamal who were caught read-handed also confessed their guilt and disclosed the name of accused Abdul Kader as their accomplice who somehow managed his escape with the stolen revolver and money. The victim police Inspector Nazrul Islam was sent to Dhaka Medical College Hospital where he ..

Category: Criminal Law | Date: | Hits: 54

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

.... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971.......f holding of AGM of the Bank as per order of this Court and reminded the contemner appellant No.1 that his inac­tion in holding the AGM of the Bank is, in effect, violation of the order of Court and amount to disregarding the order of Court and this may be brought to the notice of the Court and the...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ......000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and the defendants secured the said loan by creating legal and equitabl......t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ..

Category: Civil Law | Date: | Hits: 96

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960.......e concur­rent findings of the courts below and also failed to consider that the alleged vendor of the plaintiffs, Kallayani Debi, had no saleable interest in the suit land after the execution of the money decree in reference and that the High Court Division erred in law in holding that because of w..

Category: Property Law | Date: | Hits: 51

Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)

....f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......din Mahmood, learned Counsel, appearing for the petitioner submitted that the High Court Division committed illegality in passing the impugned interim order inasmuch as the impugned order effectively amount to 2 final relief granted in favour of respon­dent-petitioner No.1 without hearing the prese......f paper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955...

Category: Civil Law | Date: | Hits: 103

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....arged. However, there will be no order as to costs. Md. Ashfaqul Islam J.- I agree. Ed. This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181. ......the Act is not issued in the context of any proceeding initiated against writ petitioner nor is the petitioner an accused in any proceeding”. “The information sought for by the notice does not amount to providing evidence by the then Bureau (at present Commission) against the petitioner contr...... The petitioner replied to the notice on 21.2.2001 admitting that out of the properties as serialized in the notice, property serial Nos. 1, 2, 4 and 5 acquired legally by the petitioner with his own money and moneys borrowed from the Bank and relatives. However, he denied ownership of the propertie..

Category: Anti-Corruption Laws | Date: | Hits: 171

Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)

....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ...... the accused-appellant Feroj Uddin Ahmed had business transaction with the complainant-respondent consequently Tk. 7,49,832/- fell due to the accused-appellant. The accused gave three cheques for the amount of Tk. 2,58,000/-, Tk. 2,91,832/- and Tk. 2,00,000/- in total Tk. 7,49,832/- on different dat......bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accused-appellant did not pay the same within the time, specified in the legal notice...

Category: Criminal Law | Date: | Hits: 57

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ...... Sheikh Hassan Arif, learned Advocate for the petitioners submits that when the disputed proviso to Bidhi 5(4) was not there, a deed of sale was valued on the value as mentioned in the decree and the amount mentioned in the decree used to be the amount mentioned in the contract for enforcement of wh......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..

Category: Property Law | Date: | Hits: 35

Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ...... this is a clear case of discrimination, since all the employees are not entitled to this loan but it is only a special privilege for the senior executives of the Bank who are so entitled to the huge amount of interest free car loan and on top of it they will enjoy monthly maintenance costs from the......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..

Category: Banking Law | Date: | Hits: 205

Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)

....ived at by the High Court Division is an accor­dance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......with the explanation and even then without condoning the delay allowed the application on flimsy ground." and (c) "As observed above, the suit was instituted in January, 1992 for recovery of huge amount of money and for years together, the defen­dants were afforded sufficient opportunity to con......xplanation and even then without condoning the delay allowed the application on flimsy ground." and (c) "As observed above, the suit was instituted in January, 1992 for recovery of huge amount of money and for years together, the defen­dants were afforded sufficient opportunity to contest in th..

Category: Civil Law | Date: | Hits: 63

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....Rule is discharged without any order 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: 29 BLD (HCD) (2009) 744.......of the suit property was fixed at Tk.50,000/- and upon receiving Tk. 41,000/- the defendant No. 2 executed a bainanama on 26.7.1985 in favour of the defendant No.1 and subsequently, on receiving rest amount of Tk. 9,000/- defendant No.1 executed the kabala deed on 18.3.86; that on the date of execut......n accordance with Mohammedan Law and the suit is also barred by limitation; that the specific case of the defendants is that the defendant No. 2 decided to sale out the suit-property for want of cash-money and thereupon, he requested the plaintiff to purchase the suit-property but the plaintiff refu..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......to Abdur Razzaque and plaintiff No.1 by demolishing wall and house and demarcated the boundary of the plaintiff and defendant respectively by erecting boundary wall and after payment of consideration money for 3 kathas and 2 chataks of land, a 12’ ft. road has constructed on the R.S. Plot No. 580...

Category: Property Law | Date: | Hits: 39

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......he construction is completed on the suit premises by the defendant opposite party at her costs and by that any loss if at all is suffered by the plaintiff-petitioners; then that can be compensated by money and the loss can not be termed as irreparable. It is also difficult to understand how such com..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......out of considera­tion of Tk. 45,000/- and delivered possession thereof to the petitioner. The plaintiff after taking delivery of possession of the land improved the same by spend­ing a considerable amount of money. Dhirendra died on 6.6.1983 before execution and registration of the kabala. After h......hat Dhirendra Lai Nandy predecessor-in-interest of the opposite party Nos. 2-4 exerted into an agreement for sale of the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took earnest money of Tk. 42,500/- out of considera­tion of Tk. 45,000/- and delivered possession thereof to the..

Category: Procedural Law | Date: | Hits: 70

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......the court-fees payable would be on the value of the articles on the date of presentation of the plaint. 7. In the third case it was held that a suit to re­cover ornament pledged on payment of the amount due was not a suit to redeem a mortgage falling un­der section 7(ix) of the Court Fees Act b......ling which TK.500/- would be charged for each day of delay in giving delivery of the launch. The engine was supplied by the petitioners on 9.3.83 and in the meantime the petitioners paid some advance money to the opposite party. It was the further case of the opposite party (plaintiff) that due to d..

Category: Civil Law | Date: | Hits: 159

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......o Wages Depart­ment for payment in violation of Government guide­lines contained in Bangladesh Textile Mills Corpora­tion Circular No.SEC/39/93/Admn/145 dated 13.10.79 and No.78 dated 13.11.81. An amount of Tk. 4,38,039.76 was paid for the purpose in a most irregular manner on the basis of the li......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advo­cate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Division of the Supreme Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants on the allegations that it suffered loss to the tune of the said amount in furnishing salvage security and a general average guarantee for the said amount for sal­v......dant No. 1 Ves­sel M.V. CORINA wherein it stated that although it has received the cargo in full but as the guarantee was going to be encashed the plaintiff would suffer loss of the entire amount of money although it has no obligation to contribute as the salvage expenses are to be borne by the shi..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103.......tance of rent in lump would be an evi­dence of a contract between the parties waiving the receipt to receive rent within 15 days following month for which the rent has become due and even if it does amount to a contract whether sub-section (5) of section 18 of the Premises Rent Control Ordinance co......the month next following that for which the rent is pay­able. Section 19 of the Premises Rent Control Ordi­nance provides that when a landlord refuses to accept any such rent remitted by the postal money order by a tenant the tenant may deposit such rent within a fortnight of the date of which the..

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ...... absolute without any order as to costs. The judgment and order of the courts below are set aside. Consequently, the preemption application is disallowed. The pre-emptor is at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immedia..

Category: Property Law | Date: | Hits: 36