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Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... the directors must be exercised in the best interests of the company, and not for a collateral purpose. It has been submitted that in fact the directors of the company were aware that because of the financial position of the company and the proposed dividend that prices of the company shares would ...... to register the transfer without assigning any reasons for the refusal. The company thought it lawyer also replied to the legal notice on 1-1-1994 stating that the board had acted in exercise of the power reserved to it by the Articles of Association of the company. The relevant article being Artic......, 1995. Cases Referred To- Shoaib (Md) Vs. Uttara Bank Ltd and another 43 DLR 329; State Vs. Indian Chemical AIR 1957(Orissa) 203; B Choukhani Vs. Western Indian Theatres Ltd. AIR 1957; Bajaj Auto Ltd. Vs. N K Firodia AIR 1971(SC) p-321; Halgh Vs. Arderna Cinemas Ltd. 1951 C. 286; (1950) 2 All......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......e status of the Election Tribunal. Apart from this he has submitted that there are indications enough in rule 47, 48 and 49 under Ordinance 51 of 1983 to hold that the Election Tribunal had all the power of the Civil Court including the power to issue an order of injunction as an interlocutory m......Present: AKM Sadeque J Mahmud Hussain...........................Petitioner Vs. Sayeb Ali & ors.............................Opposite party Judgment December 6, 1988 Cases Referred to- 27 DLR 388, 28 DLR 189, 29 DLR 111, 38 DLR (AD) 172, 37 DLR 71, 38 DLR (AD), 172, 38 DLR (HC...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Momin Malitha & ors. Vs. State, 1988, 17 CLC (HCD)
....part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37....... of the Penal Code are very much attracted in this case. Exception 1 of section 300 of the Penal Code reads as follows:- "Culpable homicide is not murder if the offender, while deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the p......howdhury J Muhammad Ansar Ali J Momin Malitha & ors......................... Appellant Vs. State ...............................Respondent Judgment April 24, 1988 Cases Referred to- 1987 BLD (AD) 265, 1985 B.C.R. (AD) 315, AIR 1936 (Rangoon) 526 & AIR 1934 (Lah.) 345, 1987 ......part subject to the modification with regard to his conviction and sentence as stated above. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 37...Category: Criminal Law | Date: | Hits: 52
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... competent courts all over this sub-continent including the High Court of Judicature of Indian Jurisdiction. 9. This addition of parties or rejection of addition of parties, in exercise of the power under Order 1, rule 10, being a discretion of a Court, may not be interfered with unless it co......dhury J Ishaque Hossain Chowdhury...........................Petitioner Vs. Mrs. Shamsun Nessa Begum & ors.................Opposite Party Judgment November 28, 1988 Case Referred to- Amal Kumar Moitra Vs. Mashiur Rahman, 30 DLR (SC) 244. Lawyers Involved: Abdul Aziz Cho......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......making the order that the petitioner is to repay the entire money due to the complainant opposite party has got substance. Mr. Abdul Momen Chowdhury very candidly submitted that the Court has no such power and he is unable to support this part of the order passed by the Court below. A criminal court......nal) Present: A M Mahmudur Rahman J Mohammad Musa................. Petitioner Vs. Kabir Ahmed........................Opposite Party Judgment February 4, 1988. Case Referred to- Nasiruddin Mahmud & others Vs. Momtazuddin & another 36 DLR (AD) 14. Lawyers Invol......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
.... made in the petition of complaint. It reads thus: “SHEWETH: 1.That by the P.O.No.128 of 1972 the BSRS (hereinafter called the Sangstha) was established to provide credit facilities and other financial assistance to industrial concern and to encourage and broaden the base of Industrial inves......ht for the coasters. The learned Advocate also sought to contend that the BSRS was itself at fault for non-completion of the project and it did not itself act up to the recommendations made by a high powered Martial Law Investigation Committee which was set up to inquire into the incomplete projects......ision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now pending in the Court of the......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......be ordered by the Executing Court. The learned Subordinate Judge there upon passed the following order No.5 dated 20.4.86:- "The Bangladesh Shipping Corporation files a petition along with a fresh power praying for time for depositing the decretal amount into the Court on the ground stated in the...... Judgment April 28, 1987. Lawyers Involved: Ahsanul Kabir, Advocate - For the appellant. A.K.M. Shafiqur Rahman with Mostafa Kamal Pasha, Advocate - For the respondent. Cases Referred to- Md. Nurul Islam vs. Md. Abdur Rashid and oths.983BLD (AD) 310; Sardhri Lal vs. Ambika Pershad......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......sion was passed on 19.11.861md the charge-sheet under Statute 7 was framed on 15.12.86. Mr. Moinul Hossain as such submits that the order of suspension was illegal having been passed in derogation of powers under Clause(2) of Statute 15. 11. Mr. Rafiqur Rahman, learned Advocate for the respondent......d against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the signature of the respondent no. 4, the Assistant Registrar and Secretary to the Vice-Chancellor, Bangladesh University of Engineering & Technology, Dhaka suspending the ......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31...Category: Criminal Law | Date: | Hits: 74
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....the detention must be held illegal. 5. Annexure 'C' contains the grounds. It mentions two grounds. Firstly, that the detenu was a veteran smuggler and engaged himself in prejudicing the economy or financial interest of the state. This ground is obviously vague because nothing was disclosed or all...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... 2. Senior Assistant Secretary, Ministry of Home Affairs, Bangladesh Shachibalaya, Dhaka. 3. District Magistrate, Comilla, Superintendent of Police, District Special Branch, Comilla. 4. Inspector-General of Prisons, Government of Bangladesh. Dhaka...............Opposite-Parties. Judgment ...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... 39 DLR 11, to which one of us was a party, in support of this submission of his. It is also his submission that the question of res judicata does not arise and in any case this is not an exercise of power under section 151 of the Code of Civil Procedure, but an exercise of discretion of the Court, ......costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
.... the present suit. 3. Defendants Nos. 2 and 3 entered appearance and filed written statement and there is no cause of action against them and their further objection is that the plaintiff is not a financial institution as contemplated under the Artha Rin Adalat Ain and, as such, the suit is not m......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......tha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal is that, the plaintiff-respondent instituted the suit alleging that the plaintiff com......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rliament Member. These statements in Bengali in fact are identical with the statements which we have seen mentioned above published in the two Daily English Newspapers. 8. It is submitted that all powers in the Republic belong to the people and their exercise on behalf of the people can be affect......t: Md. Mozammel Hoque J Md. Abdur Rashid J Ataur Rahman Khan…………………………Petitioner Vs. Md. Nasim and another……………………….Respondents Judgment October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......s thereof are illegal and without lawful authority. It has been further asserted that the detenu has been detained at the behest of the interested quarters which is nothing but colourable exercise of power. It further appears from the newspaper report that a specific criminal case under section 25 B......Legal Aid and Services Trust (BLST)…………….Petitioner Vs. Bangladesh & others………………………………….….Respondents Judgment April 18, 1999 Cases Referred to- Bhim Singh, MLA, Vs. State of Jammu & Kashmir and others, AIR 1986 (SC) 494; Rendal Sah V......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ution, the members of the Constituent Assembly had complete faith and confidence in the judges that once a person is appointed a judge of the Superior court he will be above all bias, political or financial, and dispense justice to the litigant public strictly in accordance with law maintaining ......must be able to overturn unconstitutional law passed by the Parliament, it must overrule the police, the bureaucrats, and the Army, the President or the Prime Minister. Only when the Court has this power can it protect the citizen from the state. 162. Moreover, the Court must protect bureaucr......ation. She along with her husband owns and manages the paper in question. What she did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything tha......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ......out plans such amenities were provided for by earmarking some land as parks, play grounds, community centres, School, Mosques etc. Contention of the learned Advocate for the RAJUK that in exercise of power under section 40(b) it can change the layout plan converting the open spaces into residential ......he instance of the petitioner Md. Mohshinul Islam allottee of plot No.32 of Deed No.6 Section No.4, of the Uttara Model Town calling upon the respondents, Rajdhani Unnayan Kartripakkha and two others to show cause as to why layout plan dated 18-10-92 (Annexure-F) shall not be declared to have been m......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12. ..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of......ion under section 115 of the Code of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made a......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ..Category: Alternative Dispute Resolution | Date: | Hits: 186
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....nts. In the written statement the defendants have also made counter-claim for the loss suffered by the defendants due to illegal detention of the vessel on account of the charter hire for 14 days and financial expenses and bunker cost upto the time of departure of the vessel from Chittagong Port and......claims are liable to be dismissed. It is also contended that PW 1 Md. Shahidul Huq who is an associate of the plaintiff Resource International is not competent to depose before the Court as he had no power of attorney from the plaintiff while deposing and his deposition is unauthorised and should no.......Plaintiff Vs. MV Sargodha and others …………………Defendants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M.......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
.... copies of the technical proposal on 26-8-98 (vide Annexure-H) (i). Contrary to petitioner’s expectation petitioner received a letter from the respondent No. 2 on 5-9-98 asking him to take back his financial and technical proposal along with the bank draft of Taka 1,00,000.00 as the respondents de...... with the case before us. In that case it was observed: A case of legitimate expectation would arise when a body by representation or by past practice aroused expectation which it would be within its powers to fulfill. The protection is limited to that extent and a judicial review can be within thos......vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8)
Lawyers Involved:
Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petitioner.
Mahmudul Islam Attorney-General, Shahabuddin Ahmad, Deputy Attorney-General with Bazlur Rahman Chhana, Advocate—For......n the above facts and circumstances we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 7...
Category: Civil Law | Date: | Hits: 92
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......g the respondents to appear on the day fixed for hearing of the appeal under rule 16 (2) and answer the points raised by the appellants in support of their appeal. So, rule 12 does not, in any way, empower and/or authorise the appellate Court either to allow a respondent to file a written statement ......n) Present: Md. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petit......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5...Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....rom the directorship of such company, without the permission of Board of Directors the Creditor Bank shall be effective. Section 27 inserted by the said amendment provides that every bank, company or financial institution from time to time shall send a list of defaulting borrowers to Bangladesh Bank......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ...... 1999. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioners, Anwar Karim and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CI......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
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