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Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
.... principle of ‘strict liability’ of sureties or guarantors is thus: “It must always be recollected in what manner a surety is bound. You bind him to the letter of his engagement. Beyond the proper interpretation of that engagement you have no hold upon him. He receives no benefit and no co...... Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another…………………........................Respondents Judgment May 20, 2010. ......ues, is by no means coextensive with ostensible neglect on the part of the Respondent No.1 to make such payment as would otherwise readily translate into its inability to pay, thereby, triggering the legal fiction of inability to pay and its somewhat harsh consequences. 17. Mr. Sayyid Shahid Hus..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......993) 419. ......executed by plaintiff petitioner's mother OP No.2 in favour of OP No.1, another lady by the name of Begum Momataz Hossain, with respect to same land situated in Mohakhali area of Dhaka city was of no legal effect and that defendant OP No.1 has not acquired any title over the land described in schedu..Category: Property Law | Date: | Hits: 80
....the Respondents.
Writ Petition No. 704 of 1989.
Judgment
Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list...... issued calling upon the respondents to show cause why the enlistment of the petitioner's property at plot No.CEN (D)‑21, Road No.103, Gulshan Model Town, PS Gulshan Dhaka in the 'ka' list of the abandoned properties published on September, 23, 1986 in Bangladesh Gazette, Extraordinary at page No.......26.4.1989 (Annexure‑H) passed by the Court of Settlement in Case Nos. 564 and 575 of 1987 (Ka‑57, Gulshan, Dhaka) should not be declared to have been made without lawful authority and to be of no legal effect.
2. The case of the petitioners as follows:
That heirs a Bangladeshi citizen who ..
Category: Property Law | Date: | Hits: 86
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
....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. ......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and others.............................................Respondents Order March 6, 2011. Law......the Bangladesh Atomic Energy Commission (hereinafter referred to as BAEC) under the signature of the respondent Nos. 3 and 4 (the annexure G to the writ petition) without lawful authority and of no legal effect. 3. The respondents 1 to 3 in this leave petition filed the above mentioned Writ Pet..Category: Employment/Service Law | Date: | Hits: 81
Trade Channel Vs. Collector of Customs, Customs House Chittagong and others, 1990, 19 CLC (HCD)
.... justly if the Bills of Entry have been presented by the petitioner. Let a copy of this order be sent to the Collector of Customs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 127. ......al Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Trade Channel……………….Petitioner Vs. Collector of Customs, Customs House Chittagong and others……..........Respondents Judgment August 6, 1990. Cases Referred To- A. Han......o show cause why the assessment orders Annexures F, I, I(i), I(ii) and l(iii) customs duties, income tax, other taxes fee, surcharge levied (already paid 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..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....been mentioned by Police Officer namely, Bureau of Anti‑Corruption that the money received in his house was Tk. 1,90,81,565.00 and the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that he had acquired those ill......ammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. State, 38 DLR 233 & 35 DLR 422, AIR 1...... house was Tk. 1,90,81,565.00 and the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that he had acquired those illegally by misuse of his official power. The FIR was filed on 5.1.91. The police, thereafter, submit..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....d it is evident that he considered the merit of the case and thereby left nothing for the Magistrate to exercise his independent judicial mind so as to pass appropriate order as he would deem fit and proper. Section 202 of the Code of Criminal Procedure which is relevant for the purpose of determini......Ebadur Rahman……………….…..Petitioners. Vs. 1. Kuti Miah 2. State..................Opposite Parties Judgment March 13,1991. Cases Referred To- Abdus Salam Master and another Vs. State, 35 DLR 140; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16);......strate had to assess the evidence and, therefore, the order of the learned Sessions Judge finding fault with the order of the learned Magistrate on re‑assessing the evidence himself suffers from legal infirmities. In support of his contention the learned Advocate for the petitioner has cited a ..Category: Criminal Law | Date: | Hits: 89
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
....petitioners, Rezaul Karim Talukdar and Golarn Gaffar, is declared to be illegal and of no legal effect. No order is made as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 110. ......ted in: 44 DLR (HCD) (1992) 110. ......s 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 no legal effect as the same has been passed in violation of the principle of natural ju..Category: Constitutional Law | Date: | Hits: 174
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....e then Bengal Tenancy Act, seeking pre‑emption of the 1st transfer. Their Lordships of, the Calcutta High Court held that the 1st sale was an absolute sale and that the condition of reconvey of the property cannot operate to exclude the application of section 26F. In the instant case the heba deed......uth, Advocates-For the Opposite Party. 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, Joypu......h Mala Routh, Advocates-For the Opposite Party. 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 Jud..Category: Property Law | Date: | Hits: 81
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
....ut that the provision of rule 3 of Order 15 of the Code of Civil Procedure has laid emphasis on deciding issues of facts and law together in order that all such issues are required to be framed for a proper decision of the suit. He cites the case reported in 30 DLR (SC) 30. It is held in that decisi......ds vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......law alone under rule 2 of Order 14 should not be allowed and justice demands that all the issues relating to law and facts must be framed together for the greater interest of the parties. I find no illegality to have been committed by the District Judge in rejecting the prayer and as such no interfe..Category: Procedural Law | Date: | Hits: 62
....eeds sold to the plaintiffs and delivered possession. The plaintiffs initiated their names and paid rents and were in peaceful possession of the suit land. The defendants forcibly trespassed into the property and took away belongings of the plaintiffs on 24.7.83 and since 11.9.83 the defendants are ......This Case is also Reported in: 44 DLR (HCD) (1992) 94....... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94...
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....according to the dictation of the police. The police took 34 days to lodge FIR after repeatedly frequenting the place of occurrence and obtaining the confession from the accused appellant and without proper identification of the dead body as that of Shahida submitted the charge sheet. The further ca......) 83. ......ult the accused appellant No.1 was physically crippled. The appellant No.2 Amir Ali having been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police custody and then produced before the Magistrate holding out threat th..Category: Criminal Law | Date: | Hits: 110
.... being the claim of Bangladesh Krishi Bank and another sum of Tk. 15,016,50 towards expenses within 30 days from the date of issue of the notice and directing not to transfer any movable or immovable property. After receipt of this notice on 14.11.88 the petitioner submitted a petition before the Ge......
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectorate Building, Comilla and another…………….Respondents
Judgment
December 2, 1992.
Lawyers Involved:
Abd......ued 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 authority and is of no legal effect.
2. The petitioner is a Public Limited Company registered under the Companies Act, 1..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....r by entering into the facts of the case which this Division cannot do in such situation.” 34. The submissions advanced on behalf of the petitioner and grounds taken in the review petition were properly and extensively considered in the impugned judgment and order passed by this Court which wa......……………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others…Respondents Judgment...... review petitioner preferred Writ Petition No.6286 of 2010 before the High Court Division challenging the Constitutional validity of the Money Laundering Protirodh Ain,2009 (Ain of 8 of 2009) and the legality of the initiation and continuation of Metro Special Case No.126 of 2010 corresponding to A...Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... 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 seem fit and proper. Pending disposal of the Rule, all further proceedings of Special Case No.161 of 1984 arising......……………Opposite Party Judgment August 31, 1992. Cases Referred To- Hoshear Singh Vs. The State, AIR 1988 Punjab 312; Hamdeo Sudhi Vs. The State, AIR 1958 Orissa 20; Superintendent and Remembrancer of Legal Affairs, WB Vs. Mohan Singh & others, AIR 1975 (SC) 1002; Md. Shafiqul......2, Hazrat Ali, Manager, Magura Branch of the Bank was approached by the deceased accused Mostafa Anwar, a Sales Executive of the Company, for opening a current account of the Company and Hazrat Ali illegally opened an account on 20th May, 1977 without complying with the formalities required for open..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
....he order dated 13.8.90 passed 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 ......ioners Vs. Bashiruddin & others................Opposite Parties Judgment November 18, 1991. Cases Referred To- Abdur Rahman vs Mokles Ali, 31 DLR (AD) 118; Lebu Mia Vs. Gonesh Chandra Nath, 34 DLR 220; Abdur Rahman Vs. Baser Ali, 21 DLR 599; 24 DLR (AD) 220; Jatindra Chandra Ur......In that case question that arose was whether the application for pre‑emption was liable to be thrown out on the ground that on the date on which the pre‑emption application was filed, there is no legal transfer. Their Lordships of the Appellate Division held that since the document of transfer w..Category: Property Law | Date: | Hits: 89
Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
....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. ......n (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Ansar Ali Khan………………………Petitioner Vs. Chief Election Commissioner and others……………………..Respondents Judgment January 8, 1992. Cases Referred To......he petitioner but the day of scrutiny should be interpreted to be the actual determining factor. A reading of sub‑section (2) of section 7 will show that the legislature has taken pains to make the legal position absolutely clear and unambiguous that a person shall be disqualified not only for ele..Category: Election Law | Date: | Hits: 128
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....thin 7 days; that the appellant submitted his explanation to the Inquiry Officer denying the charges levelled against him on 15th August, 1981; that the Inquiry Officer submitted a report without any proper enquiry against the appellant in violation of the provisions of the Agrani Bank (Employees) S......Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- ......ank and 4 others of its officials for a declaration that (a) that the office order bearing Memo No. AGM/DAD/2028/82 dated 29th November, 1982 dismissing the plaintiff from the service is mala fide, illegal, void, inoperative and against the principle of natural justice and (b) for a decree declaring..Category: Employment/Service Law | Date: | Hits: 71
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ...... the Sub-Registrar, Choudagram, Comilla stating that on 22.12.2009, one Mr. Kamaluddin filed an application to the Ministry of Law, Justice and Parliamentary Affairs stating that the petitioner had illegally been registering marriages of under aged girls and realizing excessive fees and the petition..Category: Civil Law | Date: | Hits: 128
.....2004 (decree signed on 01.6.2004) mainly on three counts that; firstly, the plaintiff-Bank by adducing evidence could not prove that as per terms and conditions of the contracts the machineries were properly supplied to the defendant company by the plaintiff bank for establishment of the Ice Plant ......e Jurisdiction)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyer......chineries to the defendant-company but defendant company failed to perform his part of the contract and also could not go into operation of its project. In such circumstances plaintiff-Bank under the legal compulsion issued so many money call back notices upon the defendant-company lastly, on 24.7.1..
Category: Civil Law | Date: | Hits: 217
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