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State Vs. Kazol, 2011, 40 CLC (HCD)

....mation for person absconding in due compliance with Section 87 of the Code. It is noted further that all the other accused persons were arrested on the same night, i.e., on 30.4.2004, a day after the date of occurrence. In these circumstances the very least that was expected of the Condemned Prisone...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......ed the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No. 01 of 2006. 2. I..

Category: Criminal Law | Date: | Hits: 106

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....ny Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the borrower”), Proprietor, Marshal Homes by a letter dated 9.9.2002 requested the Petitioner Bank for a cash credit facility of Taka 6(six) Crore. The Pe......08, the borrower has, however, been able to evade arrest till date for reasons not explained by any party in these proceedings. 3. It is against this factual backdrop that the Petitioner served a notice dated 17.3.2008 upon the Respondent No.1 under Sections 241(v) and 242 of the Act. This elici......e Respondent No.1. Company Matter No. 99 of 2008. Judgment Syed Refaat Ahmed J.- This is an Application under Section 241(v) read with Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. ..

Category: Company Law | Date: | Hits: 203

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....ey General ‑ For the Petitioner. MG Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents. Writ Petition No.1521 of 1991. Judgment AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing a......me when the Rule was issued but prior to that upon an application of the petitioner the respondent No.2 was substituted by some of his heirs. Now by the instant application it has been brought to the notice of the Court that the respondent No.2 Md. Ishaque has actually died on 19.5.90 at 7‑30 PM. ......Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents. Writ Petition No.1521 of 1991. Judgment AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing an order of dismissal in respect of Writ P..

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....doned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.9762(1) against serial No.57 under caption: "Name of the areas Gulshan, Dhaka" and Judgment and order dated 26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (K......perty in question as an abandoned property under schedule ‘Ka'. The petitioner filed two cases which were registered as case Nos. 564 and 575 of 1987 in the Court of Settlement and the Court issued notices on the petitioner and the Government fixing the date for hearing of both the cases with a di......ct. 2. The case of the petitioners as follows: That heirs a Bangladeshi citizen who after the partition of India migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent settlement. Since then he has been living in Bangladesh as a permanent resident and ci..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....d by A.K.M. Shahidul Haque, Advocate-on-Record-For respondent Nos. 1-3. Not represented-Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 2175 of 2010. (From the judgment and order dated 10.06.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009.) Order N......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......-on-Record-For the Petitioner. Khair Azaz Masud, Advocate instructed by A.K.M. Shahidul Haque, Advocate-on-Record-For respondent Nos. 1-3. Not represented-Respondent Nos. 4-6. Civil Petition for Leave to Appeal No. 2175 of 2010. (From the judgment and order dated 10.06.2010 passed by the..

Category: Employment/Service Law | Date: | Hits: 81

Trade Channel Vs. Collector of Customs, Customs House Chitta­gong and others, 1990, 19 CLC (HCD)

....d by petitioner) should not be declared to be illegal, without lawful authority and of no legal effect and the respondents should not be directed to release the goods covered by the letters of credit dated 11. 10.89 and 4.2.90 as far as it relates to part shipment weighing 736.616 metric tons of mel......e vessel containing sugar arrived at Chittagong on 24.11.84. The exemption from payment of customs duty to the extent of 50% was subject to fulfillment of the terms and conditions specified in public notices dated 3.10.84 and 15.10.84 and it is quite clear that the petitioner opened the Letter of Cr......zle Hussain Mohammad Habibur Rahman J.-The petitioner M/s Trade Channel, a Proprietary Firm, represented by its proprietor Ali Ahmed of 92 Agrabad Commercial Area,PS Double Moorings, Chittagong prays for issuance of a Rule Nisi calling upon respondent Na.1 Collector of Customs Customs, House, Chitag..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....l Revision No.120 of 1992. Judgment Anwarul Haque Chowdhury J. -This is an application under section 439 read with section 435 of the Code of Criminal Procedure and is directed against an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 re......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ...... an order dated 11.1.92 passed by the learned Divisional Special Judge, Dhaka, in Special Case No.7 of 1991 rejecting that second application filed under section 344 of the Code of Criminal Procedure for staying further proceedings in the aforesaid case started under section 409 of the Penal Code re..

Category: Criminal Law | Date: | Hits: 125

Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)

.... Fazle Hussain Mohammad Habibur Rahman J.- In this Rule the two petitioners (1) Md. Rezaul Karim and (2) Golam Gaffar of Upazila Shibchar, District Madaripur have challenged the validity of the order dated 23.8.87 (Annexure X to the supplementary affidavit sworn on 13.8.90 by the petitioners) passed......is to be observed in the matter of exercising the power of cancellation of the licences of gun under section 18 of the Arms Act and that the order cancelling the licences of a gun without issuing any notice upon the licensee and without giving the licensee a chance of being heard is illegal and of n......orn on 13.8.90 by the petitioners) passed by the District Magistrate, Madaripur cancelling their gun licences No.20 and 9/84 without asking any reason and without giving them any chance to be heard before the order cancellation of the said licences was passed. 2. The facts of the case are, that t..

Category: Constitutional Law | Date: | Hits: 174

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

.... Persons did not comply with the direction of the Umpire‑ the Umpire referred the matter to the learned Subordinate Judge, 3rd Court, Dhaka in Arbitration Case No.710 of 1985 and the Court by order dated 31.8.86 made the decision of the umpire as the rule of the Court and directed the accused pers......ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......r the Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate..

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

.... Civil Revision No.100 of 1988 (Dhaka) Civil Revision No.252 of 1985 (Rangpur) Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the judgment and order dated 29.4.85 passed by the learned Subordinate Judge, Joypurhat, in Misc. Appeal No.9 of 1984 affir......to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the hol......ve contentions and on consideration of the evidence on record the learned Munsif allowed the pre‑emption. 6. Being aggrieved and dissatisfied by the order of learned Munsif an appeal was taken before the learned District Judge, Joypurhat, and the appeal on transfer was heard by Subordinate Judg..

Category: Property Law | Date: | Hits: 81

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....iving rise to the Rule for contempt is that decree holder opposite party contemner No.4 filed Title Execution Case No.1 of 1988 in the Court of the Assistant Judge praying for execution of the decree dated 30.8.87 passed in the said Case No.1 of 1987‑88 by a Village Court ordering to evict the pet...... far as Contemner Nos.2 and 3 are concerned Mr. Latifur Rahman, the learned Advocate, has submitted that they have simply carried out the execution order which was issued by contemner No.1 and had no notice of the order of this Court. 9. Mr. Sk. Razzaque Ali, the learned Counsel appearing for con......se No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contempt of Court. Contemner No.1 Mr. Md. Shahjahan is the Assistant Judge at Monirampur Upazill..

Category: Criminal Law | Date: | Hits: 84

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98.......e learned District Judge disagreed with the findings of the learned trial Court and having found that the contract was not proved and that the subsequent purchaser being a purchaser for value without notice of the contract reversed the judgment and decree passed by the learned trial Court and dismis......dge, Munishiganj, on 20.5.85 in Title Appeal No.2 of 1985 whereby he set aside the judgment and decree passed by Subordinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981. 2. The Suit before the learned trial Court was for specific performance of contract. 3. The case of the plainti..

Category: Procedural Law | Date: | Hits: 59

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Akhtar alias Akhtar Ali and No.2 Md. Amir Ali by his judgment and order dated 13.2.90 under Chuadanga Sessions Case No.42 of 1988 convicting them under sections 302/34 of t......nt No.1 in police custody without furnishing any explanation and thereafter producing him before the Magistrate and the detection of injury on his body rendering him incapable to move, which was also noticed by the Magistrate, raises suspicion about the voluntariness of the confession. For the foreg......abibur Rahman Khan J.- This is a reference under section 374 of the Code of Criminal Procedure made by Mr. Md. Ansaruddin Sikder, Additional Sessions Judge, Chuadanga on 13.2.90 to this Hon'ble Court for confirmation of death sentence passed against the accused No.1 Md. Akhter Hossain alias Babul Ak..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

....Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2.88 passed thereunder should not be declared to have been issued or made without lawful au......rtificate Officer, Collectorate Building, Comilla and Bangladesh Krishi Bank, Monoharpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notice issued under section 10A of the Public Demands Recovery Act of 1913 and the order dated 11.2....... Ice Plant in the year 1980‑81 at Barkamta under Debidwar Police Station in the District of Comilla. For preserving potatoes in the Cold Storage the petitioner applied to the Bangladesh Krishi Bank for loan in March, 1981 and the Bank sanctioned an amount of Tk. 42 Lac which was repaid with intere..

Category: Civil Law | Date: | Hits: 99

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

...., instructed by Mrs. Mahmuda Begum, Advocate-On-Record-For the Respondent No.3. None Represented- For the Respondent No.4. Civil Review Petition No. 32 of 2011. (From the judgment and order dated 09.02.2011 passed by this Court in Civil Petition for Leave to Appeal No.10 of 2011) Judgme...... and order passed by this Division and as such the review petition is liable to be dismissed. The learned Attorney General then submits that the learned Advocate for the petitioner has failed to take notice that subsequent to the Ordinance Nos. VII and VIII of 2007 another Ordinance namely, the Ordi......our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

.... this Court on 8.8.1989 calling upon the Deputy Commissioner, Khulna to show cause as to why the Special Case No.161 of 1984 arising out of GR Case No.171 of 1978 and Magura Police Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 no...... absolute and the accused petitioners are discharged from their bail bonds. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 386.......lice Station Case No.11 dated 23.8.1978 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947 now pending in the court of Divisional Special Judge, Khulna Division, Khulna for should not be quashed and or pass such other or further order or orders as to this Court may see..

Category: Criminal Law | Date: | Hits: 80

Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)

....ate ‑ For the Opposite Parties. Civil Revision No. 5077 of 1991 (Dhaka). Judgment Badrul Islam Chowdhury J.- By this rule opposite party No.1 was directed to show cause as to why the order dated 13.8.90 passed by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be......ate Judge fell in error in hurriedly disposing of the matter without waiting for the result of a case resting on similar point before the Appellate Division of the Supreme Court. It is unfortunate to notice the impatience of the learned Subordinate Judge when it was brought to his notice that the ca......by the Assistant Judge, Sadar, Sylhet in Misc. Case No.40 of 1990 should not be set aside or pass such other or further order or orders as to this court may deem fit and proper. 2. Facts necessary for disposal of the Rule are as follows: Opposite party No.1 filed Misc. Case No.40 of 1990 in th..

Category: Property Law | Date: | Hits: 89

A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)

....pplication for pre‑emption under section 96 of the State Acquisition and Tenancy Act filed by opposite party No.1 in the Court of Subordinate Judge, Mymenshigh was allowed to be amended by an order dated 13.4.88. The petitioner who is the purchaser took an appeal there from to the learned District......titioner has been able to explain the long delay satisfactorily. The Rule is, therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 381. ......For the Petitioners. Md. Joynul Abedin, Advocate ‑ For the Opposite Parties. Civil Revision No.1847 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- This Rule arises out of a prayer for condonation of delay in filing a revisional application under section 115 of the Code of Civil P..

Category: Procedural Law | Date: | Hits: 72

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

....Chairman of No.5 Banail Union Parishad before respondent No.4 Returning Officer and Upazila Education Officer, Upazila Mirzapur, District Tangail. 3. It appears from the election schedule that the date for submission of nomination papers to the Returning Officer was fixed by the Election Commissi......r nomination as Chairman or member to contest the said election. On the ground stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 379. ......oner. Not represented- the Respondents. Writ Petition No. 3407 of 1991. Judgment Fazle Hussain Mohammad Habibur Rah­man J.- We have perused the application and heard the learned Advocate for the petitioner. 2. The petitioner Ansar Ali Khan submitted his nomination paper on 7.12.91 fo..

Category: Election Law | Date: | Hits: 128

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....vocate ‑ For Respondent Nos.1‑4 Appeal from Original Decree No. 9 of 1986. Judgment Md. Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and decree dated 24.11.85 passed by the learned Subordinate Judge and Commercial Court No.1 Dhaka in Tide Suit ......itted that as the appellant was dismissed from his service after coming into force of the Agrani Bank (Employees) Service Regulations, 1981, the provisions of the Service Rule for a second show cause notice was mandatory and as such without such notice the order of dismissal was illegal and without ......Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. ..

Category: Employment/Service Law | Date: | Hits: 71