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Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....the issues involved in the contempt proceeding have been discussed in detail in the main judgment. The discussion on the point of contempt has been elaborately discussed with which I am in respectful agreement. Some observations have been made on ‘investigation’ with which also I am in respectfu......nother………………………………. Petitioners. Vs. Mahmudur Rahman and others…………………………………….Respondents. Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, ...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
.... In the other case as seen from the law report the plaintiff filed a suit for specific performance of contract for sale of land. Defendant No.1 filed written statement denying the execution of the agreement for sale on the basis whereof the suit was filed. The other 2 defendants i.e. the defendan......intiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to the plaint; that at the time of filing of the suit the plaintiff along with the plaint filed 3 do......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
....llah and accused Haroon-or-Rashid as Directors, on different documents. It has been further alleged that the accused persons did not pay the price of the tube-well machine in question in terms of the agreement entered into by the parties and eventually accused Eman Ali, in collusion with the other a......e ………………………..Respondent Judgment January 25, 2000. Lawyers Involved: Serajul Islam, Advocate—For the Appellants. (In both the appeals) FKM Ahsan Mahbub, Assistant Attorney- General—For the Respondent. (In both the appeals) Criminal Appeal No. 1000 of 1995 ...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335...Category: Criminal Law | Date: | Hits: 43
....lleged resolution dated 18-7-93 was not approved by the Government nor it was published in the official Gazette.
9. The petitioners in their affidavit-in-reply have further stated that in spite of agreement between Bangladesh Biman and Bangladesh Flying Services Association of Cabin Crews (Annexu......ashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. & another……………Respondents
Judgment
March 5, 2000.
Cases Referred to-
Attorney-General of Hong Kong Vs. Ng Yuen Shiu 1983 AC Vol. 2 page 629; House of Lords, Counc......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
....lding local investigation cannot be said to be arbitrary and perverse and the same appears to have been exercised properly and judiciously methodized by analogy and disciplined by system. In complete agreement with the reasons and conclusion reached by the learned Assistant Judge, I am of this consi......or the Opposite Party.
Civil Revision No. 95 of 1999.
Judgment
AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners an......ranted at the time of issuance of the Rule stands vacated.
Let a copy of this judgment be sent to the concerned Court below immediately.
Ed.
This Case is also Reported in: 51 DLR (1999) 557.
..
Category: Property Law | Date: | Hits: 68
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
....e in the suit premises but does not say that defendant No. 1 is his tenant. The opposite party Nos. 1-7 although claimed that defendant No. 1 to be their tenant but they failed to adduce any bharatia agreement or any rent receipt in evidence in support of their claim. 6. The suit being an Small C......nt from them. Thereafter Israil Bepari died leaving behind plaintiff Nos. 1-7 and the plaintiffs became the owner of the land as co-sharer. The defendant No. 1 was the tenant under the plaintiff but stopped payment of rent from the month of Bhadra, 1388 BS. In spite of repeated demands, they did not...... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510...Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....he principles elaborated in Tarapore Case. What emerged from Sarhind Garments and Tarapore Cases, cited above in a nutshell, are (1) that in the field of international trade, a buyer, pursuant to his agreement with the seller, instructs a bank, known as Issuing Bank, to open a letter of credit desig......United Kingdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eisonbahn Material vs. Clay (1873) LR, 8 QB 313; Teheran Euro Ltd. vs. ST Bolton Tractor Ltd. (1986) 2 All ER 886; Paton vs. British Pregnancy Advisory Services Trustees (1979 Q......cases which have been referred to in these cases. Facts in Sarhind Garments and Tarapore cases were straight forward. The buyers temporary injunction to prevent the Issuing Banks from paying, and the sellers from receiving money as per the terms of the LCs opened at buyer’s instruction, on the ple..Category: Civil Law | Date: | Hits: 164
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
.... Romance, in the area of Cantonment of Dhaka City and on such invitation the opposite Party No. 1 complainant agreed to purchase a flat at 4th floor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-......Ali Asgar Khan J Md. Imman Ali J Hasibul Bashar (Md.)..........................Accused Petitioner Vs. Dilshed Huda and another……………………….Opposite Parties Judgment October 29, 2002. Case Referred To- SM Anwar Hossain Vs. Md. Shafiqul Alam, 1999 BLD (AD) 166=4......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200...Category: Criminal Law | Date: | Hits: 28
....able circumstances the writ-petitioner could not repay the loan as per stipulations and requested the banks to allow it to make payment installments and the bank also accepted that prayer and made an agreement, but subsequently, without complying with that agreement the bank on 08.02.1998 issued a n......
Appellate Division
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd…….....Petitioner
Vs.
The Agrani Bank Ltd. and others.…………...... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995...
Category: Banking Law | Date: | Hits: 191
....dent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plaintiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreement executed on 31 st January, 2005. Plaintiff supplied fish feed to defendant Nos. 2-4 during......or Advocate (with Mahbubey Alam, Senior Advocate), instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 2495 of 2009.
(From the judgment and order dated 9.6.2008 passed by the High Court ......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991...
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....t of the Company and the petitioner as a shareholder. 16. The petitioner further argues that the Articles of Association were amended without prior approval of the Sonali Bank contrary to the loan agreement. There was no Board decision expressing the need for such amendment of the Article. The pe......ing the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..Category: Company Law | Date: | Hits: 247
....d the Bank Companies Act together with the Articles and Memorandum of Association providing that the Managing Director as defined in sub-section (m) of section 2 means a director who, by virtue of an agreement with the company or of a resolution passed by the company in its general meeting or by its......I ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
....hed the plaintiff and the plaintiff sanctioned loan of Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as ......Division
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners
Vs.
Judge, Artha Rin Adalat, 2nd Court at......ted title suit being Title Suit No.136 of 1997 subsequently renumbered as Title Suit No.195 of 1999 in the 1st Court of the learned Subordinate Judge, Dhaka for realization of Tk. 75,34,909.64/- by selling the mortgaged property described in the plaint against the defendants and alleging, inter ..
Category: Civil Law | Date: | Hits: 96
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....nding business relationship and their common friends and well-wishers have resolved the dispute and misunderstanding between the parties. The learned Advocate submits both the parties entered into an agreement on 11.06.09 in pursuant to which the convict-appellant paid Tk. 7,00,000/- (Seven lac) wit......e 162. Lawyers Involved: Md. Arshadur Rouf, Advocate-For the appellant. Md. Belayet Hossain, Advocate-For the opposite party. Md. Abdul Khaleque with Mrs. Fazilatunnasa Bappy, Assistant Attorney General-For the State. Criminal Appeal No. 6309 of 2008 And Criminal Appeal No. 631......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....vil Revision No. 5380 of 1991. 2. The facts leading to the issuance of the Rule, in brief, are: 3. Saifuddin Ahmed Siddique was the owner of the land measuring 47.47 acres. He entered into an agreement with the writ petitioners on 28.11.1969 for sale of that land for a consideration of Tk.41...... Judgment Syed Mahmud Hossain J.- In this application under Article 102 (2) (a) (i)(ii) of the Constitution of the people’s Republic of Bangladesh a Rule Nisi issue calling upon the respondents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidh......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....ty Nos.2 to 5 for specific performance of contract for certain land on the allegations, inter alia, that Dhirendra Lai Nandy predecessor-in-interest of the opposite party Nos. 2-4 exerted into an agreement for sale of the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took ear...... Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Referred to- Prem Sukh Gulgulia and another Vs. Habib Ullah and others, (1945) Cal. 355; N.T. Palanisamy ......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
..../- only. It was contested by the present petitioners wherein they denied the material allegations and stated inter- alia that as the opposite party failed to deliver the launch on 31.8.83 contrary to agreement the petitioner lodged an F.I.R. on that day at Bandar Police Station for misappropriatio......ab Ali J M/s. Nawab Askari Jute Mills Ltd. & others............ Petitioners Vs. Giasuddin Ahmed................................Opposite Party Judgment April 27, 1988. Cases Referred to- AIR 1949 (Nagpur) 368; AIR 1952 M.B. 196; AIR 1954 MB 6; 11 DLR 57; 22 DLR 646; 26 DLR 82; 2......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....more consonance to justice that the name of deceased opposite-party No.1 Nurun Nahar Begum is to be deleted and her heirs are to be added as opposite-parties in the application. Being in respectful agreement with the view expressed by the learned Chief Justice I am of the opinion that this Court i......dur Rahman J Dr. Mohammad Golam Kibria...................Petitioner Vs. Nurun Nahar Begum & others. ...................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabud......resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ..Category: Procedural Law | Date: | Hits: 81
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....on 22 of 1925 Act was repealed and by section 87 the Admiralty jurisdiction was conferred the power to hear and determine" any of the following questions of claims:- "Any claim arising out of an agreement relating to the carriage of goods in a ship. Thus the jurisdiction was enlarged and a......udur Rahman J Trading Corporation of Bangladesh.....Plaintiff Vs. MV Corina & others.....................Defendants/Opposite Parties Judgment December 14, 1988. Cases Referred to- Albert David Vs. M/s. Nedlleyd Lignen, 38 DLR 30; Al-Sayer Navigation Co. Vs. Delta Internat......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
.... 5-15. 23. The order passed on 29.8.88 to maintain status quo in respect of the office of Chairman of said Chandina Upazila Parishad hereby stands vacated. Syed Fazle Ahmed J.- 24. I am in agreement with findings arrived at by my learned brother on the issue but I like to add few words of......Respondents Judgment November 22, 1988. Lawyers Involved: Serajul Hoque, with Amir Hossain and Abdul Matin Khasru, Advocates—For the Petitioner. Abdul Wadud Bhuiyan, the Additional Attorney General with Abdul Kader Chowdhury—For the Respondent Nos. 5-15. AFM Shahid, Deputy At......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
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