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Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....re ‘A’ and ‘B’ respectively. Thereafter the petitioner company, the respondent Bank and construction company named Messers Progoti Ship Builder and Engineering Works Limited entered into a tripartite agreement amongst them on 12-7-1980 for construction of the vessel and in terms of the agree......reement the petitioner company would deposit its equity money in the respondent Bank and the respondent Bank would provide the loan facility. It was agreed that the respondent Bank would make all the payments to ship builder company directly and first payment would be made after completion of 40% of......ate Company and it carries on business of transport specially cargo and passenger marine vessel. The Company has registered office at 59 Dilkusha Commercial Area Dhaka. The respondent Bank sanctioned loan of Taka 22 lac in favour of the petitioner company on 2-2-1979 for construction of passenger Ma..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
.... Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advocate-For the Opposite parties. Civil Revision No. 2910 of 2003. Judgment AFM Abdur Rahman J.- This Rule, under s......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
....rt I Rule 321. An invalid pension is awarded, on his retirement from the public service to an officer who by bodily or mortal infirmity is permanently incapacitated for the public service, or for the particular branch of it to which he belongs.” 10. The Provision of Rule 389 of BSR Part I deals...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ...... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ..Category: Employment/Service Law | Date: | Hits: 70
....ion No. 4391 of 1995.
Judgment
ABM Khairul Haque J.- This Rule under section 115 of the Code of Civil Procedure was issued at the instance of the defendant-petitioners calling upon the opposite party No.1 to show cause as to why the order dated 13-7-1995 passed by the learned Assistant Judge, ...... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614....... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614...
Category: Civil Law | Date: | Hits: 94
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....4 of 1987 in the Court of the Subordinate Judge, Moulavibazar contending, inter alia, that the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite parties Nos.7-20; out of the aforesaid reported a quantum of land measuring 0.07 acres was transferr......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ...... Md. Serajul Islam and Md. Nazrul Islam. Thereafter those two brothers sold the case land on 16-6-85 to the petitioner which was registered on 11-9-86; that after his purchase the petitioner raised a loan of Taka 1,00,000.00 by mortgaging the said property with the Rupali Bank, Chadnighat Branch on ..Category: Property Law | Date: | Hits: 70
Md. Raju Sheikh Vs. State, 2011, 40 CLC (HCD)
....ellaneous Jurisdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Raju Sheikh……………….……Petitioner Vs. The State……………………………….Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Golam Rasul, Advocate-For the petiti......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
....isdiction) Present: AKM Asaduzzaman J Md. Ashraful Kamal J Md. Tota Miah @ Tota ……………………Petitioner Vs. The State………………………………………Opposite party Judgment April 3, 2011. Lawyers Involved: Md. Shafiqul Islam, Advocate-For the pet...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 76
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....am Bashiruddin @ Abul Kalam Azad and another 39 DLR (AD) 237. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate-For the Petitioners. S. M. Aminul Hoque, Senior Advocate-For the Opposite party. Civil Revision No. 636 of 2002. Judgment AFM Abdur Rahman J. - This Rule, under Sec...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......cts of different borrowers in different godown. They used to belong to the pay roll of different borrowers and, as such, the petitioner had no liability whatsoever for their pay and allowances or for payment of bonus and provident fund, etc. The borrowers of the Bank used to pay their salary and als......y claim their right to be treated as permanent workers. The petitioner submitted that the respondents were appointed purely on temporary basis in temporary projects and they were the employees of the loan borrowers of the Bank. The respondents were never employees of the petitioner. They were appoin..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....a first information report with the Kotwali Police Station Dhaka, on 27-5-82 alleging, inter alia, that he along with petitioner Rasaraj Sarker, Ramjiban Sarker and Sachindra Roy had been carrying on partnership business at Golam Azam market, that petitioner changed the name of the business firm and......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
.... documents submitted by the accused-appellants. We have also examined the decisions cited by the learned Advocate for the appellant and considered the submissions of the learned Advocate for both the parties. In 17 BLD (AD) 54, an order of framing charge by the trial Court was set aside by the High ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....s from the trend of cross examination of the P.W.s that the case was false and they were implicated falsely in this case. 7. Considering the deposition of the prosecution witnesses and hearing the parties, the learned Additional Sessions Judge, 3rd, Court, Sylhet convicted and sentenced the accus...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....r the appellant was examined under section 342 of the Code of Criminal Procedure wherein he again claimed to be innocent. 8. Considering the deposition of the prosecution witnesses and hearing the parties, the learned Sessions Judge, Barisal convicted and sentenced the appellant as stated above. ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ...... filing of these petitions, in brief, are that the respondent-company, in course of its business imported a quantity of hot rolled steel from abroad for manufacturing cold rolled steel products, on payment of normal duties and taxes as assessed. The said cold rolled steel products are used for pro......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accordingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....3, that the acquired lands were handed over to the requiring body on 15th July, 1957 and that the compensation was duly paid to the owners of the lands. 4. The High Court Division upon hearing the parties by the impugned judgment discharged the rule observing that the lands in question have bee......r or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the property the Government may at any time before payment of the compensation withdraw from acquisition of such property by notification and in that......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
.... Das, the predecessor-in-interest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit ......efendant to other persons is also concocted. 7. In this premises, the suit was contested. 8. Trial Court dismissed the suit disbelieving the existence of any oral agreement or the allegation of payment of any consideration money by the plaintiff to the defendant’s father. Trial Court wrote o......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
...., Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Addi...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
...., whereas the total shareholding of the Islam Group is only 87,296 shares of Taka 100.00 each i.e. valued at Taka 87,29,700.00. 5. The reschedulement approved by IFIC Bank on 16-04-1997 was in two parts, one upto 31-12-1999 and the other part from January, 2000 to December, 2002. Recently the res......he Islam Group, accepted and acknowledged that the loan would be paid upon being consolidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was resch...... made and issued without lawful authority and is of no legal effect and why respondent Nos. 1 and 2 shall not be directed to cancel and/or rescind the said letter of no objection to reschedulement of loan of respondent No.4 made by the respondent No.3. 2. The facts as stated in the petition, in s..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....red in law in discharging the Rule on grounds of maintainability inasmuch as it is trite law that breach of obligation under a contract, albeit an ordinary commercial contract between and private party attracts writ jurisdiction when the Government acts mala fide or arbitrarily or in a discrimin......r of acceptance dated 23.03.2006. On 05.06.2006 a formal agreement was entered into between the petitioner and respondent No.5 for implementation of the project. The petitioner furnished an advance payment guarantee for TK.1,46,80,941.15 and also submitted the sale receipt agreement for purchase o......the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..Category: Others | Date: | Hits: 118
MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)
....ts that under section 6(5) of the Ain, the creditor ought to proceed against the borrower first but if the recovery is found to be insufficient, only then the creditor can proceed against the third party mortgagors and the guarantors but in the instant case, the bank in violation of the above equi......anaging Director of NFZ Ten Textile Ltd. obtained loan from the National Bank of Pakistan, Agrabad Branch and the petitioners mortgaged their properties with the aforesaid bank in order to secure repayment of the loan. On the failure to repay the loan, the bank published a notice in the newspapers...... is the proprietor of M/S. Asian Poly & Box and the petitioners mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in order to secure the loan obtained by him. On his failure to repay, the bank published a notice in the newspapers on 18.0..Category: Property Law | Date: | Hits: 54
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