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Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
....y with an authorised capital of Taka 20,00,00,000.00 (taka twenty crore) divided into 20,00,000 (twenty lac) ordinary shares of Taka 100.00 (taka one hundred) each, The Company has 17 (seventeen) sponsor share-holders. The petitioner is the representative director of one of the said sponsor-sharehol......Joynul Abedin J .- This is an application under section 43 of the Companies Act,1994 for rectification of the register of members of the respondent No.1, Meghna Insurance Company Limited (hereinafter called “the Company”). 2. The Company was incorporated on 18-3-1996 as a public limited compa...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi..Category: Company Law | Date: | Hits: 203
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....r the suit, the suit was not maintainable. 4. We have gone through the plaint of this suit. It appears that it is a suit for damages and compensation filed on behalf of the plaintiff but how he personally suffered damages and what are those damages is not mentioned any where in the four corners o......long plaint. In a suit for damages, the plaintiff is required to give specific instance of damages suffered by him, in details and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand. Paragraph Nos. 26 and 27 of the plaint are as follows: “26. T......created the illusion of a cause of action, nip it in the bud at the first hearing by examining the party searchingly under Order X CPC. An activist Judge is the answer to irresponsible law suits. The trial Courts would insist imperatively on examining the party at the first hearing so that bogus lit......ondaker Musa Khaled J Nazim Habibuzzaman…………….. Appellant Vs. World Bank & others……………….Respondents Judgment November 21, 2001. Case Referred To- T Arivandandam vs. T Satyapal, AIR 1977 (SC) 2421. Lawyers Involved: Khandaker A Quaiyum, Advocate ..Category: Others | Date: | Hits: 79
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....passed by the Sessions Judge, Jhalakathi in Sessions Case No. 15 of 1994 convicting the appellant Nikhil Chandra Halder, under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. The case of the prosecution, in brief, while the victim Happy Rani Halder, a......sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ......the accused Nikhil Chandra Halder, a neighbour, attacked and killed her with his dao. As such, a case was started and after investigation the police submitted charge-sheet against the accused. At the trial the Sessions Judge framed charge under section 302 of the Penal Code against him and after con...... the prosecution but nothing new came out. ..Category: Health Law | Date: | Hits: 266
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....order to grab the other landed property owned by the informant and his brother transformed the earlier Bainapatra dated 12-3-1992 into a fresh Bainapatra putting a false date on it as 18-8-1996 and also changing the penultimate page of the Bainapatra falsely showing the signature of some new witness......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......the same judgment in paragraph 22, his own reasoning saying that "the two offences are so inseparably linked indeed, the latter offence is dependent on the former that it cannot be conceived that the trial of one offence may be made dependent upon a possible complaint by the court while the other of......man J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show cause as to the legality and propriety of the proce..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....e Defence Lawyer)—For Absconding-Convicts (sentenced to deaths). Md. Khurshid Alam Khan with Fazlur Rahman Khan Farid, Waliur Rahman and Mohammad Majibur Rahman, Advocates—For the Condemned-Prisoner Abu Tahar @ Taha, Appellant in Criminal Appeal No. 154 of 2004. Habibul Islam Bhuiyan with ......er time of disclosing to him what he had heard and saw in Bhuiyan Mansion. He did never say to the investigating officer the same. On 26-8-2000 when he was going to bring blood, the Officer-in-charge called him, but at that time he was in no mental position to talk with him. He went out for collecti......ud @ Aurango @ Anga, Md Khaja, Sohrab, Abu Taher @ Taha, Zahid Hassan @ Aslam, Monir Hossain and Main Uddin Bhuiyan @ Main, of whom accused Almas was absconding all through. At first they were put to trial in the Court of Additional Sessions Judge, 1st Court, Narayanganj, wherein charge under sectio...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....ায়ারুল ইসলাম আদালত বদলি। পঃতাঃ ২-৮-০৬ ইং 6. It appears from the cause title of the Rule petition that the accused persons were described written by hand and not typed as "present in Court". From the prayer portion of ...... these decisions held that a fugitive from justice has no protection of law. All these factum led us to the conclusion that the petitioners were fugitive at the time of obtaining Rule. This is called a fraud practiced upon the Court. Had this fact been known to the Rule issuing Court, then th......gh Court Division with frivolous cases, sections 241A and 265C were included in the Code of Criminal Procedure for enabling the accused persons to place their cases before the learned Magistrate or trial Court in order to come out of the proceeding. It has already been settled in a number of cases...... (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....ive Engineer, Roads and Highways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......a fide & void ঘোষণার ডিক্রি দেওয়ার মর্জি হয়। In the said suit the plaintiff made a prayer for temporary injunction which was rejected by the trial Court on 7-4-04. 3. The plaintiff then preferred Miscellaneous Appeal No. 21 of 2004 before...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....hers………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The Rule is made absolute. Case Referred to- Hajarilal Mondal vs. Md. Mozaffor Bepari, 8 BLC (AD) 7. ......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......otal 0.23 acre of land, transferred to pre-emptees; that the deed under pre-emption is not a sale deed but a deed of exchange, as such, the Miscellaneous Case is liable to be dismissed. 5. The trial Court disallowed the preemption. On appeal, the same was reversed. Hence the Rule, obtained ...... (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Bellal Hossain (Md) & others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Prime Bank Ltd., 2007, 36 CLC (HCD)
....Commissioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and resto......missioner of Taxes against the impugned order dated 19-12-2001 of the Taxes Appellate Tribunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored......peal to Appellate Division under section 162 of the Ordinance is rejected since we do not think that this is a fit case for appeal. Ed. This Case is also Reported in: 59 DLR (2007) 629. ......ibunal, which set aside the order 10-9-2000 passed by the Inspecting Additional Commissioner of Taxes adding so-called capital loss of Taka 18,15,67,643 to the total income of the respondent assessee and restored that of the Deputy Commissioner of Taxes. 2. The assessee is a banking company a..Category: Fiscal/Taxation Law | Date: | Hits: 82
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....ituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for declaration that the 4 (four) deeds of sale described in 'Kha' Schedule of the plaint were nu......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ...... the evidence on record, both oral and documentary, as adduced by the parties decreed the suit by his judgment and decree dated 22-5-1997. 6. Being aggrieved by the judgment and decree of the trial Court dated 22-5-1997 the opposite party Nos. 1 to 6 preferred Title Appeal No. 59 of 1997 in ......59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....intment of Judge of the Artha Rin Adalat, 1st Court, Chittagong, namely Mr. Md. Abdur Rouf, being violative of Article 116 of the Constitution and section 4(5) of the Artha Rin Adalat Ain, 2003 and also the order No. 9 dated 296-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 trans......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......those four Writ Petitions are that the words "বিচারাধীন মামলা" as are found in section 60(3) of the Ain are only relating to the transfer of "suit" which is pending "under trial" under the Ain, 1990, not any other proceedings arising out of the said suit. In this regard, ......59 DLR (2007) 615...Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
.... the respondents to show cause as to why Memo No. ৫৬/ পাউবো/শৃং/শা-৩/অভি(ক) ২০/৯৩ dated 11-3-1999 issued by respondent No. 4 (Annexure-E) imposing compulsory retirement upon the petitioner should not be declared to be arbitrary, mala fide without lawful...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ......gladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the fact......gh Court Division (Special Original Jurisdiction) Present: Tariqul Hakim J Afzal Hossain Ahmed J Abdul Mannan Matubbar.........Petitioner Vs. Bangladesh Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....tion 60(3) of Artha Rin Adalat Ain, 2003 being inconsistent with 6(e) of the General Clauses Act, 1897 should not be declared as void and without any lawful authority and of no legal effect and also the provisions laid down in section 2(ga)(4) and 50 of the Artha Rin Adalat Ain, 2003 being inc......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ......ovement of the financial institution in the light of the provision laid down in section 47 of the Ain, 2003. Mr. Ahmed on drawing attention to Writ Petition No. 6579 of 2004 further contends that the trial of the suit has not yet been concluded hence, jurisdiction under section 50(1) of the Ain is y......eported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....nt Md. Abdur Rashid J.- In the above Rule Nisi, the letter dated 24-10-2004 issued by one Assistant Commissioner, respondent No. 3 (Annexure-R) directing the petitioner to appear before him for personal hearing was challenged. 2. The facts and circumstances, in which the Rule was obtained, in ......agreement dated 15-6-2004 that TRI shall transfer its shares in the Company to the petitioner ISL and thereafter, the petitioner shall transfer 100% shares of the Company to an Egyptian Telecom giant called Orascom Telecom Limited. Said settlement was followed by a supplementary agreement dated 28-8......legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......tatutory Original Jurisdiction) Present: Md. Abdur Rashid J Md. Miftah Uddin Choudhury J Integrated Services Ltd..............Petitioner Vs. Commissioner (Current Charges), Customs and others.....Respondents Judgment May 8, 2007. Lawyers involved: Akhter Imam with Zuba..Category: Business or Commercial Law | Date: | Hits: 178
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
....elling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the offence is grave so is the care to ...... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......as of such nature or description of look that a mere look at it would convince any person of average intelligence that it was counterfeit or forged nor any such question was put to the accused during trial, the conviction and sentence of the accused under the section cannot be sustained in law……...... legislation is to prevent using, selling or trafficking in any way in counterfeit or forged notes. The offence as made under section 25A of the Special Powers Act, 1974 is no doubt of serious nature and may entail with death, or imprisonment for life depending on the gravity of the offence. As the ..Category: Criminal Law | Date: | Hits: 40
A Wadud Member and another Vs. State, 2006, 35 CLC (HCD)
....on 27-8-2005. Thereafter, this matter appeared on 17-10-2005, 15-11-2005 and from 28-11-2005 this matter appeared as heard-in-part and thereafter, this matter appeared on 5-12-2005, 29-1-2006 and also in today's list when in the morning time, learned Advocate, Mr. Abdul Baset Majumder himself was ......We find no substance in the Rule, In the result, the Rule is discharged. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 59 DLR (2007) 586. ......d Magistrate framed charge in this case on 8-2-2004 under sections 143/341/323/307 of the Penal Code. It also appears that case has been transferred to the Court of Additional District Magistrate for trial. After long 2 years of framing of charge the accused petitioner moved this Court and obtained ......: 59 DLR (2007) 586. ..Category: Criminal Law | Date: | Hits: 29
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....of 2002 was recorded in part. In the meantime, petitioner bank on 6-3-2004 filed Artha Rin Suit No. 34 of 2004 in the Artha Rin Adalat, 4th Court Dhaka, against Messrs Pan Asia Carrier, SA Panama and some other foreign companies of Panama and Singapore including Messrs Pan Asia Lines Ltd. Thereafter......ussain Khan, Md Ziaul Haque, Advocates—For the Opposite Party. Civil Revision No. 4105 of 2005. Judgment Md. Arayesuddin J.- At the time of issuance of the Rule, though the LC records were called for, but the same has not yet been arrived. During hearing of the Rule, it was felt that the ...... a petition under section 10 read with section 151 of the Code of Civil Procedure to stay all the further proceedings of Title Suit No. 209 of 2002 till disposal of Artha Rin Suit No. 34 of 2004. The trial Court on 24-10-2004 heard the learned Advocates of both the parties and rejected the petition.........Plaintiff-Opposite-Party Judgment August 15, 2007. Cases Referred To- PP Gupta vs. East Asiatic Co. AIR 1960 (Allahabad), 184; Mahangu Prasad Sah vs. Pravag Sah, iAIR 1972 (Gauhati), 40 and Smt. Naufati vs. Mehma Singh, AIR 1972 (Punjab & Haryana), 421. Lawyers involved: Sayy..Category: Civil Law | Date: | Hits: 82
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... opening letters of credit on different dates but before 20-10-1998 the date when the subsequent Notification being SRO No. 233 came into force. The bills of entry for clearance of said cement were also submitted on different dates before and after said date of subsequent Notification. 4. Pu......ady stated that the bill of entries were submitted before the proviso came in and therefore, it is not applicable. We have already stated that it is neither increasing or decreasing. It can be called a withdrawal of the exemption. So, it is very much within the jurisdiction of the customs a...... not pay in cash the amount of money covered by respective bank guarantees within a period of thirty days of receipt of this order. Ed. This Case is also Reported in: 59 DLR (2007) 563. ......n: 59 DLR (2007) 563. ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....han Squadron Leader of the Bangladesh Air Force. Said Shahabuddin Khan died on 16-8-90 in the Combined Military Hospital, Dhaka leaving behind one brother and two sisters as his near ones besides the son. On 13-8-87 she divorced her husband, Shahabuddin Ahmed Khan. She made application not as an hei......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156.......uenced by opposite party No.1. In presence of both parties, learned District Judge at Dhaka by his order dated 26-5-92 was though of the view that the grounds taken were based on surmise yet for fair trial transferred the case to the Court of the Subordinate Judge, Arbitration Court at Dhaka. Before......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Muhaiminul Hasan Khan........................Petitioner Vs. Md. Nurul Islam Khan and others…………… Opposite Parties Judgment December 10, 2001. Case Referred To- ..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....reed the suit ex parte. Then on 20-3-93, the defendant/opposite parties filed an application under section 151 CPC praying for accepting the written statement which was filed by them on 17-3-93 and also for restoration of the suit to its original file number. The plaintiffs petitioner filed written ......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ...... 20 and 21, the Appellant Division narrated the submission of the learned Advocates of both the parties regarding the maintainability of the writ petition which was filed challenging the order of the trial Court dated 10-2-92 holding that a counter-claim has not been barred by Artha Ran Adalat Act a......rt Division (Civil Revisional jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Limited…………………………………….Petitioner Vs. Mazid and Co. and others…………………………..Opposite Parties Judgment December 3, 2000. ..Category: Procedural Law | Date: | Hits: 67
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