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Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....ents. First Appeal No. 117 of 1999. Judgment Md. Abdur Rashid J.- This appeal was presented by the appellant, an insurance company incorporated under the Companies Act, 1994 against an order dated 17-2-1999 of the subordinate, 5th Court at Dhaka rejecting its plaint in Title Suit No.30 of 1......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......ka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-company and the appellant on receipt of the first premium issu..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

....t No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being ......g” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the ground of alleged abuse of power and incompetence as the President of the CCCI. The petitioner claims that no notice of any such meeting was served on the petitioner (Annexures-‘D’, ‘E’ and ‘E-1 to E-......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....m and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-99 (Annexure-D) declaring the said election results of the Senate of the Registered Gradu...... bringing them there has been a long standing practice. The election held in June 1999 as notified on 21-3-99 was for the academic year 1998 as per the provisions of section 46(1) of the statute. The notice issued mentioning 1997-1998 was for enrollment of registered graduates and not for holding th......acked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of the Register Graduates of Dhaka University, to the Senate. 3. The Senate election of the Registered Graduates for the academic year 1997-98 was first announced to be held by notification dated 25-6-97. The grad..

Category: Election Law | Date: | Hits: 105

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....Janata Insurance Company Ltd. As the issues raised are common, the appeals were heard together and now, disposed of by this judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decree......e interest in the policy is defeasible or for the time being subject to any condition.” 38. Mr. Mahmood submits, there was no assignment of the policy. A valid assignment is not possible without notice as provided under section 135 of the Transfer of Property Act. But one of the suits is based ...... judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% fr..

Category: Business or Commercial Law | Date: | Hits: 211

Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)

....ub Elahi, Advocates - For the Petitioners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the......pril, 1978 saying that “নালিশী ভূমি বিনা নালিশে দলিল রেষ্ট্রি করিয়া দিবনা” that is, the date when the plaintiff noticed that the performance was refused but the plaintiff had not filed the suit within 3 years fro......d. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for Specific Performance of the contract was reversed. 2. The opposite party No.1 as plaintiff br..

Category: Property Law | Date: | Hits: 55

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....duties on the part of the plaintiff’s Master. So, the defendant is liable to pay compensation for causing the damage. The plaintiff repaired the Tanker at a cost of Taka 66,500.00 and by its letter dated 16.3.1989 requested the defendant to make payment of the aforesaid amount. But the defendant, ...... amount. But the defendant, in spite of the receipt of the letter, did not make any payment. The plaintiff having failed to realize the repairing costs of damage from the defendant had to serve legal notice on 30.9.1989 registered with A/D through its legal Adviser with a request to make payment of ...... of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been instituted by the plaintiff, Bangladesh Inland Water Transport Authority (in short BIWTC) on 7.1.1990 praying for a decree for realization of Tk. 66,500/- as compensation for loss and damage occasioned due to c..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....imports Soda Ash Light and other chemical product for the purpose of business and in course of such business the plaintiff imported from China 9420 MT and 800 MT Soda Ash Light under Letter of Credit dated 16.4.1997 and 21.4.1997 respectively which has been carried on board by the defendant No.1 ves......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

....al Procedure this rule was issued calling upon the Deputy Commissioner, Joypurhat to show cause as to why the detenu Tamima Akhter Mitu, the victim girl as alleged in Joypurhat P.S. Case No.18(5)2010 dated 15.05.2010 started under section 7/30 of the Nari-O-Shishu Daman Ain, 2000 as amended up to, 2......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......shu Daman Ain, 2000 as amended up to, 2003 shall not be released from the jail custody in which she has been kept from 11.07.2010 illegally and without lawful authority and she shall not be brought before this court to be dealt with in accordance with law. 2. Facts relevant for disposal of the ru..

Category: Criminal Law | Date: | Hits: 57

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....show cause as to why the accused petitioners should not be enlarged on bail in Criminal Misc. Case No. 149 of 2010 arising out of G.R. Case No. 132 of 2009 corresponding to Jhaldhaka P.S. Case No. 06 dated 19.12.2009 under section 302/34 of the Penal Code, now pending in the court of learned Chief J......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......ef Judicial Magistrate, Nilphamari. 2. The petitioners were brought to the trial under section 302/34 of the Penal Code. The petitioners were arrested on 3.6.2010 and thereafter since their prayer for bail was rejected by the impugned order, they then obtained the instant rule. 3. The learned ..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

....his rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistr...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... the accused petitioner should not be enlarged on bail in G.R. Case No. 10 of 2010 arising out of Karanigonj P.S. Case No.10 dated 12.01.2010 under section 302/34/307 of the Penal Code, now pending before the Judicial Magistrate Court No. 3 and Amoli Adalat, Dhaka. 2. The petitioner was brought t..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

.... was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.25 of 2010 (Chandina) arising out of Chandina P.S. Case No.06 dated 12.02.10 under section 395/397 of the Penal Code, now pending in the Court of learned Chief Ju......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ...... of the Penal Code. 3. After investigation police submitted a charge sheet under section 395/397 of the Penal Code on 09.09.10. 3. The petitioner was arrested on 21.03.2010 and since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad..

Category: Criminal Law | Date: | Hits: 58

Jamsher Ali Vs. State, 2011, 40 CLC (HCD)

....- This rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.12 of 2008 arising out of Chatmohar P.S. Case No.3 dated 22.2.2008 under section 143/447/323/325/302/34 of the Penal Code, now pending in the Court of ......to make the case ready, the learned trial court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......, now pending in the Court of Chief Judicial Magistrate, Pabna. 2. The petitioner was brought to the trial in a case under sections 143/447/323/325/302/34 of the Penal Code. 3. Since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned ad..

Category: Criminal Law | Date: | Hits: 63

Md. Rasel Miah Vs. State, 2011, 40 CLC (HCD)

....inal Appeal No. 6833 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 28 of the Nari-O-Shishu Nirjatan Daman Ain, 2000 (as amended) in 2003 against the order No.16 dated 8.9.10 passed by the learned Nari-O-Shishu Nirjatan Daman Tribunal, Comilla in Nari-O-Shishu C......he case ready for trial, the learned trial court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......rising out of Chandina P.S. Case No. 02 dated 01.12.2008 under section 7 of the Nari-O-Shishu Nirjatan Daman Ain (as amended 2003) read with section 302/201/34 of the Penal Code, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 7 of the Nari-..

Category: Criminal Law | Date: | Hits: 80

Yasin Hossain Vs. State, 2011, 40 CLC (HCD)

....t Attorney General-For the respondent. Criminal Appeal No. 2854 of 2010. Judgment AKM Asaduzzaman J. - This appeal was preferred under section 30 of the Special Powers Act against the order dated 11.04.2010 passed by the Metropolitan Special Tribunal No.7, Dhaka in Metro Special Tribunal C......tness to prove the case, the learned trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......ecial Tribunal No.7, Dhaka in Metro Special Tribunal Case No.457 of 2007 arising out of Mohammadpur P.S. Case No. 122 dated 25.4.2007 under section 19A and 19(f) of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A and 19(f) ..

Category: Criminal Law | Date: | Hits: 65

Md. Lal Mia @ Chan Mia Vs. State, 2011, 40 CLC (HCD)

....y General-For the Respondent. Criminal Appeal No. 5501 of 2010. Judgment AKM Asaduzzaman J.- This appeal was preferred under section 30 of the Special Powers Act,1974 against the order No.10 dated 11.8.2010 passed by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 u......produce any witness of the case, the trial Court may consider the bail of the appellant. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......cial Powers Act,1974 against the order No.10 dated 11.8.2010 passed by the Special Tribunal No.17, Dhaka in Special Tribunal Case No.22 of 2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The appellant was brought to the trial under section 19A of the Arm..

Category: Criminal Law | Date: | Hits: 65

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

....is rule was issued calling upon the opposite party to show cause as to why the accused petitioner should not be enlarged on bail in G.R. Case No.191 of 2010 corresponding to Golapgonj P.S. Case No.25 dated 26.06.2010 under sections 143/447/341/ 323/324 /326/307/379/427/114 of the Penal Code, now pen......ncel 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:   ...... 21.6.2010 the accused persons have cutted away the trees and after Juma Namaz while they were sitting in a salish and at one stage the accused persons having armed with deadly weapons attacked the informant party and accused Nos. 1, 2, 3, 4 and 5 have been seriously injured the victim Farok and Naz..

Category: Criminal Law | Date: | Hits: 53

H.M. Kabir @ Alamin (22) Vs. State, 2011, 40 CLC (HCD)

....show cause as to why the accused petitioner should not be enlarged on bail in Sessions Case No.822 of 2009 arising out of G.R. Case No.265 of 2008 corresponding to Tejgaon Shilpanchol P.S. Case No.42 dated 30.7.08 under section 394 of the Penal Code, now pending in the Court of the learned Joint Met......ty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......tion with another case and thereafter his bail was cancelled by the order dated 12.7.09, thereafter the petitioner after obtaining bail in other case and surrendered on 26.10.10, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 3. The learned ad..

Category: Criminal Law | Date: | Hits: 64

State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)

....nfirmation of the sentence of death imposed upon condemned prisoner Md. Khosbar Ali convicting him under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned prisoner also filed Jail Appeal No. 1704 of 1997 against the afo......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ...... under section 302 of the Penal Code and sentencing him thereunder to death by the judgment and order dated 2-9-1997. 2. The condemned prisoner also filed Jail Appeal No. 1704 of 1997 against the aforesaid judgment and order. By this judgment both the matters are disposed of. 3. Prosecution ca..

Category: Criminal Law | Date: | Hits: 62

United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)

....rchasing the suit property on 31-1-1985 with an earnest money of Taka 1,75,050.00. Since the submission of the tender the plaintiff was not informed about the fate of his tender. Suddenly by a Notice dated 29-6-1986 the plaintiff and other occupants were asked to surrender possession of their respec...... No.3 namely, the United Commercial Bank Limited was accepted for sale of the suit holding which led to the plaintiff to file the instant suit being Title Suit No.211 of 1986 challenging the impugned notice. 4. It is further stated that it was one of the conditions of the tender form that the ear......a in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for t..

Category: Tenancy Law | Date: | Hits: 135

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....se of action for the suit subsisted and the aforesaid appeal also became infructuous. The High Court Division being satisfied with the order of cancellation of the certificate proceeding passed order dated 22-5-1991 dismissing the appeal as being infructuous vide annexure ‘D’. 3. The Borrower......Bank by letter No.7-1324(AA) offered the Company opportunity to adjust/regularise the loan and in response the company deposited sum of Taka 5,86,000 on 29-12-1991. Thereafter the Bank published sale notice in the Daily Star dated 14th May 1999 inviting Tender for sale of the vessel MV Kadam Rasul o......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 Marine vessel of two engines and in terms of the sanction petitioner c..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171