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AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....sequently declined to be a director of the Company and refused to buy the shares allotted to him. In fact, the petitioner failed to comply with the terms and conditions of the agreement. On the other hand, the petitioner took back the part of the loan money on the date stated against each transactio......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)

....Kar) 111; AIR 1961 Bom 136; AIR 1953 Cal 15; Abdur Rahman vs. Sajjadur Rahman 51 DLR 420; Abul Kalam Azad vs Sunhar Ali 46 DLR (AD) 130; Major (Retd) M Afsaruddin vs Kamal Rahman 41 DLR 190; Kirtish Chandra Dev vs. Begum Sufia Akhtar 1992 BLD 591 = 46 DLR 313; Bangladesh vs. Md Aslam and others 44 D......cate heavily relied on the decision reported in 38 DLR 39 wherein this Court observed as follows: "Having regard to the facts, circumstances and in view of the discussions and provisions of law as noted above the said portion of the order No. 96 dated 11-9-1983 allowing the plaintiff to depose in..

Category: Property Law | Date: | Hits: 42

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

.... any order as to costs. The order of stay granted earlier by this Court stands vacated. 24. It may be mentioned that the law being a new one and there being no direct authority on the point in hand we have thankfully received the assistance of Mr. AJ Mohammad Ali, the learned Attorney-General...... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ..

Category: Civil Law | Date: | Hits: 90

Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)

.... was simple in nature. 26. He examined Abdul Kader and found the following injuries. 27. A swelling deformity of 11/2"x11/2" x 1/4" in size is found over third metacarpal bone region of right hand suggesting of fracture caused by blunt weapon, which was confirmed by X-ray exami­nation later...... hereby disposed of. Send down the lower Courts record at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 30...

Category: Criminal Law | Date: | Hits: 44

Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)

....rted in: 59 DLR (2007) 17. ......imself with the crime. It also appears while filling up column 8 of the prescribed form of statement under section 164, Cr.P.C. of the accused the recording Magistrate (PW11) carefully and cautiously noted as below: "আসামীকে চিন্তা করার জন্য ৩ ঘ..

Category: Criminal Law | Date: | Hits: 45

Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)

.............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. J......4 of the Code of Criminal Procedure. 15. He denied the suggestion that it was not a fact that the victim voluntarily went out with the accused. He admitted that he made a GD Entry and there he noted the age of his daughter as 18 years and at the same time he stated that he was not in normal s..

Category: Criminal Law | Date: | Hits: 40

Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)

....ted in 1994 BLD (AD) 155 and in the case of Md. Abdul Motaleb Mia vs. State reported in 7 MLR 458. 13. Mrs. Shamim Ara Dora, the learned Assistant Attorney-General for the State, on the other hand, submits that the accused petitioner filed this revisional application out of time by 4132 days......solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ..

Category: Criminal Law | Date: | Hits: 31

Abul Kashem Vs. State, 2005, 34 CLC (HCD)

....tting the money issued two separate receipts of the money on 24-7-1979 and 12-12-1979 respectively. Thereafter, the accused executed a kabala deed in favour of the complainant but the accused did not hand over the possession of the aforesaid land. It is further stated that the accused demanded Taka ......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..

Category: Criminal Law | Date: | Hits: 41

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ement to sell the said shares to the petitioner and instructed them to deliver the shares to the petitioner on receipt of a banker’s pay order for Taka 44.00 lac from the petitioner. The petitioner handed over a pay order No. 0005838 dated 31-10-1993 issued by Agrani Bank, Dhaka for Taka 44.00 lac......hich the matter be referred to the next Board Meeting for finial decision. The Minutes of the 88th Board Meeting is annexed as Annexure-9. 4. The aforesaid 8 members Committee came to the under noted findings as recorded in its report dated 24-11-1993 to the Board of Directors of the Company. ..

Category: Company Law | Date: | Hits: 181

Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)

.... with local authorities. The petitioner also filed a pe­tition for rule of temporary injunction with ad-interim order against the opposite party No. 1 and 8 for restraining them from taking over and handing over charge of the office of the Chairman No. 3 Ful­bari Union Parishad. The Election Tribu...... 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)

....on and sentence of appellant Babu @ Badaruddin Malitha are bad and illegal and the same should be set aside. 10. Mr. A.B.M. Golam Majid, the learned Advo­cate appearing for the State on the other hand sub­mits that the Appellant Nos. 1 and 2 have been rightly convicted and sentenced under secti......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

Siddik Ali Vs. State, 1987, 16 CLC (HCD)

.... time after the calling of Jitu Miah in the house of appellant Siddik the informant heard a cry of Jitu Miah from the house of Siddik and the in­formant went to the house of Siddik with a lantern in hand and asked the mother of Siddik about the cry but Siddik's mother replied that nothing happened ......tion and sentence passed on the appel­lant is set aside. Let the appellant be set at liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 26. ..

Category: Criminal Law | Date: | Hits: 30

Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)

....venue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh repre­sented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they were owners in possession, Rup Chand Mondal tr......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

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

....impugned order of conviction and sentence which should be upheld and accordingly, the Reference should be accepted and the sentence of death of the condemned-prisoner be confirmed. 8. On the other hand, Mr. Md. Shahjahan, learned Advocate on behalf of the condemned-prisoner submits that in fact, ...... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...

Category: Criminal Law | Date: | Hits: 42

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....but the accused Nos. 5 and 6 fraudulently withdrew the said amount in their own name and further took loan of about Tk. 4.80 lacs from Rupali Bank, Motijheel Commercial Area, Dhaka for purchasing 2nd hand engines in their own name instead of opening the L/C in the name of the company or BSRS. 8. ......gent. 'Entrustment' as under the aforesaid section has been interpreted in various decisions of the superior courts of the subcontinent. It has been held that the word 'entrustment' in section 405 connotes that the accused holds the property in a fiduciary capacity. The expression 'entrustment' in s..

Category: Criminal Law | Date: | Hits: 67

Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)

....pension is that there was no application of mind before passing the impugned order. No opinion was formed as to the nature of punishment to be inflicted upon the petitioner. 4. It is, on the other hand, the contention of the respondents that various serious allegations and reports against the pet......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

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....and on the basis of settlement and the Lower Appellate court was wrong in reversing this finding of the trial court and dismissing the suit. 7. The learned Assistant Attorney General, on the other hand, submitted that the settlement was not a concluded one and it was merely a proposal of settleme......e disputed land it considered Ext. 3 dated 22.5.56, Ext. 4 (a)-4(d) rent receipts, Ext.5 (a) dated 25.6.55 letter addressed by the khas Mahal officer to the khas Mahal Circle Officer, Ext.9 an office note dated 11.7.57 of khas Mahal Officer pointed to the Additional Collector (Rev), the instruction ..

Category: Property Law | Date: | Hits: 36

Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)

....t a party who wishes to obtain the benefit of section 5 of the Limitation Act must always file a separate petition in order to be able to obtain a benefit of that section. 7. It is admitted on all hands that in the present case the appellant has stated that the suit was decreed ex parte on 16.7.8...... his learned Advocate. In such circumstances the suit was decreed ex parte on 16.7.80. His learned Advocate, owing to inadvertence, pursued the cause list of Title Suit No. 322 of 1980 and mistakenly noted in his diary that the title suit in question was fixed for hearing on 18.8.80 and thereafter o..

Category: Procedural Law | Date: | Hits: 101

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....ompanies Act, 1991 the bank may not be injuncted in fulfilling their contractual obligation. 4. Mr. SH Nurul Huda Jaigirdar, the learned Advocate appearing with Mr. Rokanuddin Mahmud, on the other hand, submits that even under section 103 of the Banking Companies Act, 1991 the plaintiffs right ha......17. In that case a Hindu husband deposited his money with the bank in his name and also his wife directing payment to either or survivor. It has been held that there was no presumption in the deposit note so phrased that the deposit was an advancement or resulting trust in favour of the wife and on ..

Category: Banking Law | Date: | Hits: 122

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....xcess amount ought to have been sent back to the defendant No.1 as requested. They cannot retain the excess amount. 9. The learned Advocate appearing on behalf of the respondent No.1, on the other hand, submits that respondent No. 2 acted as agent of the plaintiff and on the advice and direction ......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