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Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....Appellate Division at Paragraph-62, Page 257 of the Ispahani Case as read thus: “As regards the liability of the guarantors to repay the loan, the contention of Dr. Kamal Hossain appears to have judicial support from the decisions cited by him which show that the guarantor is seen not only resp......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: ..Category: Company Law | Date: | Hits: 203
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....that there exists a prima facie case against the accused petitioners and 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 Co......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. ..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
.... committed an offence punishable under section 108 (2) of the Companies Act and filed the above petition of complaint. 3. The learned magistrate after examining the complainant on SA and holding a judicial inquiry, took cognizance of an offence punishable under section 108(2) of the Companies Act......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. ..Category: Criminal Law | Date: | Hits: 89
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
.... 1956 (SC) 217 it was observed as follows: "The length of time is unusual but no objection about its fairness to the accused could reasonably have been raised had it not been for the fact that the judicial lock‑up is under the direct control, orders and supervision of the very Sub‑Inspector w......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. ..Category: Criminal Law | Date: | Hits: 110
....Demands Recovery Act and it leaves scope for arbitrary and discriminatory use of the provision of law. It has been further stated that the certificate proceeding can only be initiated for recovery of judicially determined amounts and in the instant case there was no such judicial determination and t......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...
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....741 wherein the Supreme Court of Pakistan observed as follows: “It is also to be borne in mind that as finality attaches to the judgments delivered by this Court, which stands at the apex of the judicial hierarchy, a review proceeding is neither in the nature of a re-hearing of the whole case, ......e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ..Category: Employment/Service Law | Date: | Hits: 71
....ge 70 as regards obligation of the subordinate courts to abide by the decision of the apex court, to ensure compliance, to stop any scope of corruption either apprehended or actual, to stop misuse of judicial power and to ensure accountability and uniformity in the application of law.
35. We acc......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
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Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... or undermines it dignity and prestige. Scandalising the Court is a worst kind of contempt. Making imputations touching the impartiality and integrity of a Judge or making sarcastic remarks about his judicial competence is also a contempt. Conduct or action causing obstruction or interfering with th......cted a good number of clients in the process. The institution was formed and created by an Article of Memorandum registered under Joint Stock Companies and Firms wherein Article 6 provided powers and functions of the respondent No.5 which did not empower him to function in the capacity of a banker. ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
.... or order given by the BERC under the Act or the rules or the regulations made thereunder shall be deemed to be final and in consequence, the same is not subject to review by any authority (excepting judicial review) which clearly demonstrates the independent and separate character of the BERC from ......hat to deal with the energy resources of the Republic is essentially a function of the Government of Bangladesh and the BERC being empowered by the Parliament to deal with some of the aspects and functions in relation to the energy resources of Bangladesh is performing functions which clearly an..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or ta..Category: Constitutional Law | Date: | Hits: 165
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369....... a Magistrate had no authority to hold any such inquiry. Thereafter, the respondent No.1 suddenly placed the petitioner under suspension and appointed the respondent No.4 Mr. AKM Kader to perform the functions of the petitioner by issuing the impugned Memo No.Shiksha/III/90/551 dated 28.8.90. The re..Category: Employment/Service Law | Date: | Hits: 59
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... but he may file an application if evicted under rule 100 of the said Order and the executing Court may investigate into the matter and restore the applicant in possession. " 8. In our opinion the judicial authorities are thus unanimous that unless and until the decree‑holder makes an applicati...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...Category: Civil Law | Date: | Hits: 89
....ractically absent. With the advent of security in public service when termination or removal became more and more difficult and order of termination or removal from service became a subject matter of judicial review, the concept of probation came to acquire a certain connotation. If a servant could ......ated 18.6.91 the petitioner joined the office of the Professor of Computer Science and Engineering on the same day i.e. on 18.6.91 and has been working as such and taking classes and performing other functions of Professor of Computer Science and Engineering in addition to his continuing as Head of ..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ...... then the said contract to that extent is statutory;" (d) Where a statute may expressly or impliedly confer power on a statutory body to enter into contracts in order to enable it to discharge its functions and the contract so entered by the statutory body is not an exercise of statutory power th..Category: Business or Commercial Law | Date: | Hits: 267
Md. Jashim and others Vs. The State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioners misuse 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: ...... to cancel the bail, if the accused petitioners misuse 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: ..Category: Criminal Law | Date: | Hits: 64
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....of detention, passed under section 3(1)(a) of the Special Powers Act, was served upon the petitioner inside the jail stating, inter alia, that with a view to preventing him from acting in a manner prejudicial to the economic interest of the State he was required to be so detained. On 6.7.87 in a wri......t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ..Category: Constitutional Law | Date: | Hits: 288
Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)
....of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..Category: Civil Law | Date: | Hits: 84
Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)
....oque J.- The accused‑petitioners had challenged the order dated 19.6.90 passed by the Additional Sessions Judge, Cox's Bazar in Criminal Revision No.102 of 1987 directing further inquiry by holding judicial inquiry after setting aside the order dated 16.5.87 passed by the Upazila Magistrate, Tekna...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..Category: Criminal Law | Date: | Hits: 78
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....n that case is void ab initio because the grounds for detention communicated in that case to the detenu under section 8 of the Special Powers Act do not come within the mischief of the expression 'prejudicial Act' as defined in section 2(1) of the Special Powers Act or because the grounds are not at......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..Category: Criminal Law | Date: | Hits: 88
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