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

....antee provided by IFIC Bank Ltd. Motijheel Branch, Dhaka. Respondent No. 2 had pledged these shares as part security for a Bank guarantee provided by IFIC Bank Ltd. for Taka 25.00 lac favouring Biman Bangladesh Airlines, Accordingly, respondent No. 2 wrote on 31-10-1993 to IFIC Bank Ltd. informing t......, the discretion exercised by the Directors in the present case is absolutely arbitrary without having any legal basis.” 27. The Directors must act bona fide, citing in Re Gresham Life Assurance Society, Ex Parte Penny: 1872 LR 8 Ch. APP, 466 it was observed in the case of State Vs. Indian Chem......cate—For the Petitioner. AR Yousuf Advocate—For the Respondent. Matter No. 61 of 1994. Judgment Mainur Reza Chowdhury J.- This is an application under section 38 of the Companies Act for rectification of the share register of respondent No.1 Company namely, Green Delta Insurance Com......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)

....minal Miscellaneous Case No. 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home Af­fairs, Government of Bangladesh and four others to show cause why the detenu Gafur Mohammad Ibra­him should not be direc......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35.......hat Mr. Lasker Abu Kalam, Addi­tional District Magistrate, Dhaka passed the order dat­ed 6.1.88 (Annexure-A) detaining the detenu Gafur Mohammad Ibrahim under section 3(2) of the Special Powers Act for 30 days from the date of service. The said notice undoubtedly was served on the detenu in the Dh......et aside. We di­rect that the detenu Gafur Mohammad Ibrahim be re­leased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...

Category: Criminal Law | Date: | Hits: 29

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

....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. ......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. ......sed by Mr. Ibrahim Ali, Additional Sessions Judge, 1st Court-in-Charge, Sylhet in Sessions Case No. 158 of 1982 convicting him under section 302 of the Penal Code and sentencing him to transportation for life. 2. The prosecution case in short as stated in the First Information Report by informant......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)

....sistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh repre­sented by Deputy Commissioner, Dhaka alleging that the suit property originally be......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.......ll pend­ing in the court. 2. Facts leading to this, in short, are that oppo­site party Mst. Shamsun Nessa Begum as the plain­tiff instituted a suit being Title Suit No. 183 of 1986 on 17-8-86 before the Assistant Judge, 6th Court, Dhaka for a declaration against defendant Nos. 1 and 2 namely, ......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)

.... 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....... 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.......h Reference No. 3 of 1987. Judgment Muhammad Ansar Ali J. — This is a Ref­erence under section 374 of the Code of Criminal Procedure by Mr. Kamal Uddin Mian, Additional Sessions Judge, Bogra for confirmation of the sen­tence of death of the condemned-prisoner Badsha Mollah passed on him on...... 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)

....ul Aziz, 3. Mrs. Mahabuba Hossian...................Petitioners. Vs. 1. A.F.R. Hassan, 2. The State 3. Kaswa Shipping Lines Ltd. 4. Shamsul Alam, 5. Anowarul Aziz, 6. Mrs. Mahuba Hossain, 7. Bangladesh Ship Building Industries Ltd…………….Opposite- Parties. Judgment July 3, 198......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......rs are directors of Kaswa Shipping Lines Ltd., a private limited company carrying on the business of water transport. The said company has been made accused No.1 in the petition of complaint and the aforesaid petitioners are accused Nos. 2, 3, and 4 therein. In Criminal Revision 244 of 1984 the peti......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)

.... Ed. This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......nt No.3) and defendant No.6 Messrs. Hegge and Company (Bangladesh) Ltd., Spencer's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defend......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...

Category: Admiralty Law or Maritime Law | Date: | Hits: 212

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

.... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mozammel Hoque J Md. Mahtab Hossain………………………….Petitioner Vs. Bangladesh University of Engineering & Technology, Ramna, Dhaka and others …... Respondent ......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.......Engineer. The petitioner challenged this order of suspension and obtained the Rule Nisi on 27.11.86. 3. Petitioner's case against the order of suspension 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 inflicte......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)

.... Court High Court Division Barishal Bench (Civil) Present: AM Mahmudur Rahman J Abdul Khalek Khan...................................................Appellant Vs. Government of Bangladesh .................................................Respondent Judgement April 10, 19......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......l in title Appeal No. 89 of 1964 reversing those of dated 21.1.64 passed by the learned subordinate judge, 1st Court, Barisal in Title Suit No.7 of 1963. 2. The plaintiff appellant instituted the aforesaid suit for declaration of title in 5 acres of land described in schedule "A" to the plaint an......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...

Category: Property Law | Date: | Hits: 36

Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)

....Court Division (Criminal) Present: Aminur Rahman Khan J Syed Fazle Ahmed J Iftekhar Ahmed Majumder.................................Petitioner Vs. 1. Govt. of People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka. ...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18....... a cultivator and an honest and innocent person living on cultivation. On 24.1.87 the Kotwali Police arrested the detenu along with 9 others under section 54 of the Code of Criminal Procedure and was forwarded to the court of Magistrate with a prayer to remand them to custody till the receipt of the...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...

Category: Criminal Law | Date: | Hits: 40

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

....at he would inform the appellant the date of hearing in due time. There is no corroboration of this statement of P.W.1 in the evidence of P.W.2 except that he made a bland statement that on return to Bangladesh his client contacted him. 19. Mr. Fakir Abdul Mannan, learned Advocate for the plainti......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......t August 17, 1987. Result: The appeal is dismissed. Case Referred to- Firm Kaura Mal Vs. Firm Mathra Dass, AIR 1959 (Punjab) 646. Lawyers Involved: Khondker Mahbubuddin Ahmed - for the appellant. Fakir Abdul Mannan with Zakir Ahmed - for the respondents. Appeal from Orig......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ..

Category: Procedural Law | Date: | Hits: 101

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ...... by the learned Subordinate Judge, 3rd Court, Dhaka accepting the written statement filed by the defendant-opposite parties in Money Suit No. 126 of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs ......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..

Category: Civil Law | Date: | Hits: 83

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

.... This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......ho is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs who are respondents here instituted the aforesaid suit praying for a declaration that they are entitled to 3/4th amount of money now being ke......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....………………Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Ad......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......leading to the sale of abandoned (wreck) and the goods therein. 2. The facts of the case are as follows: The petitioner is a proprietor of the firm Marine Salvage dealing with marine salvage. A foreign ship named MV Pavlina-I under Panama Flag lodged with jute and jute goods at Mongla Port, s......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

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

....me Court High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Bijan Kumar Das J Habib Bank Limited………………….Appellant Vs. UAE Bangladesh Investment Company Limited and another……….Respondent Judgment May 28, 1998. ......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. ......ul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed the suit for a sum of Taka 14, 05, 75,934.28 paisa with interest. 2. The short fact leading to this appeal......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

Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....ttorney General—For the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......or the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....nt. Ed. This Case is also Reported in: 4 BLC (1999), 600. ...... 14. It has been reported in Daily Star dated 17-4-99 that a survey of eighty Police Officers has found them all to be corrupt, with accumulated illegal wealth worth over Taka 20 crore. Bangladesh Society for Enforcement of Human Rights conducted a survey in the last six months which revealed tha......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......as been reported in Daily Star dated 17-4-99 that a survey of eighty Police Officers has found them all to be corrupt, with accumulated illegal wealth worth over Taka 20 crore. Bangladesh Society for Enforcement of Human Rights conducted a survey in the last six months which revealed that the Police..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....y action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......n the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within ......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...

Category: Criminal Law | Date: | Hits: 45

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....tition shall be final. (3) Any person aggrieved by a decision of the Tribunal may, within thirty days of the announcement of the decision, appeal to the High Court Division of the Supreme Court of Bangladesh and the decision of High Court Division of the Supreme Court of Bangladesh on such appeal......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ...... Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of t......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ..

Category: Election Law | Date: | Hits: 159

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....…………………………….Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case Referred To- Abdul Kader Mirza Vs. Bangladesh, 60 DLR (AD) 185. Lawyers Involved: AKM Shafiqul Alam, Advocate, instructed by Syed......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......n-Record- For the Petitioner. Khurshid Alam Khan, Advocate, instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the Hig......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ..

Category: Criminal Law | Date: | Hits: 34