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Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......t standing (sic) loan. After his failure my client will be liable to adjust loan as guarantor. Since the borrower M/S Marshall (sic) Homes has the capability to repay the loan money. In that case the question of repayment on the part of guarantor does not arise. Although guarantor has sent several r......ation 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. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the bo..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. ......ned by OP No.1 from OP No.2 by undue influence and the same has never been acted upon. OP No. 2 as defendant, filed a written statement in which she, inter alia, stated that the Heba-bil-ewaz deed in question had been acted upon and that she had laid foundation of a new building and had already adde......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. ..Category: Property Law | Date: | Hits: 80
....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391.......ndent No.2 who was dead. An action against a dead person is void. Therefore the writ application has to abate as against the dead person, namely, the original respondent No.2, Md. Ishaque Miah. The question of substitution of the person dead at the time of institution of the writ application does......cation dated 4.7.92 is for passing an order of dismissal in respect of Writ Petition No.1521 of 1991 and the other petition dated 21.7.92 is for drawing the order of its abatement.
2. Briefly, the facts are, that the Writ Petition No.1521 of 1991 was directed against the judgment and award dated ..
Category: Alternative Dispute Resolution | Date: | Hits: 213
....ade without lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 416.
......Case 1082 of 1986 but the same was dismissed for default on 30.8.87. Subsequently the Government‑respondent published two lists known as 'Ka' and ‘Kha' on 23.9.1986 which included the property in question as an abandoned property under schedule ‘Ka'. The petitioner filed two cases which were r...... the deponent's information derived from the official records which he believed to be true. But as directed by us the respondents failed to submit any official record before this Court.
15. In the facts and circumstances as discussed above we hold that the enlistment of the petitioner's property ..
Category: Property Law | Date: | Hits: 86
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. ......orem as provided for Heading No.72.04 All HS Code Rerollable Scrap in the SROs (statutory rules and orders) published in the Gazette the date after the date of the opening, of the Letter of Credit in question but valid and prevalent on the dates of presentation of the impugned bills of entry in ques......eal and revision provided under the Customs Act. In the instant case we are of the view that without exhausting those remedies, the petitioner cannot invoke the writ jurisdiction of this Court in the facts and circumstances of the case. 10. On the grounds stated above the petition is summarily re..Category: Fiscal/Taxation Law | Date: | Hits: 131
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....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. ......called for further examination and those cross‑examined. The accused on the dock only silently listens to people deposing against him. After the end of the prosecution witness, the accused is asked question by the Court that he had heard all that are said against him by so and so in Court. What is......ld be hanging there for an indefinite period which cannot be done and this is the consistent view of the courts of this sub‑continent in this regard. Mr. Attorney‑General, by reference to certain facts and to the reasonings of the court below in rejecting the criminal application under section 3..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......aniachong in GR Case No.30 of 1988 refusing to take cognizance of the offence under sections 147/148/302/427 and other sections of the Penal Code and the Cattle Trespass Act, was set aside. 2. The facts of the case, in brief, are that one Kuti Miah lodged FIR on 11.5.86 with the Baniachang Poli..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. ......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. ......adaripur 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 the Officer-in‑Charge, PS Shibchar, District Madaripur by orders con..Category: Constitutional Law | Date: | Hits: 174
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....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. ......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. ...... the Code of Criminal Procedure for quashing the Petition Case No.345A‑1/89, pending in the Court of Chief Metropolitan Magistrate, Dhaka under section 108 (2) of the Companies Act, 1913. 2. The facts of the case are that the opposite party No.1 Makbul Ahmed filed a petition of complaint before..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......sur Habib with 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 Su......the learned Advocate has referred to the decision reported in 53 CWN page 678. 10. I have been taken through the Judgments pronounced by the Courts below as well as the evidence on record. Certain facts are admitted in this case. Opposite party No.1 Toyezuddin is admittedly a co‑sharer of the d..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ......re the Court of Assistant Judge praying for recalling the writ of execution already issued to the Superintendent of Police, Jessore for police force for delivery of possession of the land and shop in question to Contemner No.4 on 10.4.89 after evicting the petitioner. The petitioner mentioned about ......was presented in Court by a pleader authorized to appear on behalf of the complainant. Furthermore, it was not accompanied by an affidavit. Therefore, there could be no guarantee for the truth of the facts stated therein. No doubt, it was accompanied by a telegram and even though it was addressed to..Category: Criminal Law | Date: | Hits: 84
....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.......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........
8. None has appeared to oppose the Rule.
9. Mr. AKM Shahidul Huq, the learned Advocate appearing for the petitioners, submits that the learned District Judge did not set aside the findings of facts arrived at by the learned trial Court regarding the alleged contract with the plaintiffs and t..
Category: Procedural Law | Date: | Hits: 59
Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......he interest of justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or ......f justice. Mr. Khandker argues that in view of provision of Rule 3 of Order 15, all the issues relating to law as well as on fact must be taken together. He argues that since complicated questions on facts are involved and dispute as to the nature of Trust whether the same is public or private is th..Category: Procedural Law | Date: | Hits: 62
.... 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.......hers are a big plot of land and without a suit for partition it cannot be ascertained as to who is in possession of how much land. The lower appellate Court has also stated that this is a complicated question involving title and this cannot be decided in a suit for permanent injunction like this one...... 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)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......ssional statements of the alleged murderer which is also subjected to criticism and the story of murder given in the confession appears to be hard to believe and, therefore, it is necessary to pose a question as to whether the corpus delicti is found or not in the instant case. It appears that the p......viction passed against them sentencing them to death by hanging referred to above. Both the reference and the appeal are taken up and heard together and disposed of by the same judgment. 3. Short facts leading to the lodging of the FIR is that on 20th March, 1987 one Abdus Sattar informed the po..Category: Criminal Law | Date: | Hits: 110
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......h Bank as aforesaid and marked as Annexures‑‘D’ and 'E' respectively to the writ petition. The petitioner has further alleged that he had addressed a number of letters to the bank to settle the question of outstanding dues with the petitioner by deducting the interest and penal interest charge......n order to bring out the grievances of the petitioner in clear cut line. The respondent No.2 Bangladesh Krishi Bank opposed this writ application by filing affidavit‑in-opposition. So far the broad facts are concerned there is no serious denial of the same in the affidavit‑in‑opposition. The r..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....on 3(Ka) in Section 9 of the Ordinance,2008 and Section 9 of the Ain of 2009. 13. Mr. Anisul Haque, the learned Advocate appearing on behalf of the respondent No.3-Anti-Corruption Commission made identical submissions like the learned Attorney General. He submits that the offence of money launde......bar to trial of the petitioner under provisions of the Anti-Corruption Commission Act,2004 (Act of 2004) for the commission of the offence alleged to have been committed under the Ain of 2002 and the question of prejudice does not arise because no trial can be held under the provisions of the Act of......r Sections 2 (ট) (আ) and (ই) and Section 4(2) of the Money Laundering Protirodh Ain,2009 (Ain No.8 of 2009), now pending before the Court of Metropolitan Senior Special Judge, Dhaka. 3. The facts leading to the writ petition is that the Assistant Director, Special Enquiry and Investigation..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
.... 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.......12 and Hamdeo Sudhi Vs. The State, AIR 19S8 Orissa 20. The facts and circumstances of those cases being different we find that the cited decisions are of no help to him to support his contention. The question as to the scope and ambit of the inherent power of the High Court under section 561A vis‑......ecial Case No.161 of 1984 arising out of GR Case No.171 of 1978 of Magura PS Case No.11 dated 23.8.1978 pending in the court of Divisional Special Judge, Khulna Division, Khulna was stayed. 2. The facts of the case stated, in short, are as follows: On 23.8.1978 at about 16.35 hours, one S. Jam..Category: Criminal Law | Date: | Hits: 80
Abdul Muhaimin Khan & another Vs. Bashiruddin & others, 1991, 20 CLC (HCD)
.... The rule is discharged with cost. The stay order granted by this court on 26.11.90 is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 382. ......t sought to be pre‑empted has not yet been registered under section 60 of the Registration Act and as such the pre‑emptor has no cause of action and the case was premature and (2) the document in question is a deed of exchange on the face of it and in a pre‑emption case which is a summary proc......the Appellate Division. Be that as it may, we would discourage the practice adopted by the learned Subordinate Judge in throwing out the pre‑emptor's application by the order dated 30.8.78." The facts of the above quoted reported case are completely similar to the present case and as such I fin..Category: Property Law | Date: | Hits: 89
A. Jalil Vs. Upendra Chandra Saha & others, 1991, 20 CLC (HCD)
....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. ...... A Single Bench of this court discharged the Rule on 5.6.90. After a lapse of about two months and a half for which no explanation has been offered another revisional application was filed calling in question the propriety of the order of the Subordinate Judge allowing amendment of the application f......tances but one rule is firmly established that once the abnormal period of limitation is allowed to run out the applicant has to explain every day's delay beyond the period of limitation. Viewing the facts stated hereinabove in the light of the above settled principle I am unable to hold that the pe..Category: Procedural Law | Date: | Hits: 72
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