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Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ...... with its registered office at Dhaka. One Mr. S Khurshid Anwar was allotted and issued 969 B Class shares of Tk. 25/‑ each in the years 1968. The said shareholder Mr. S Khurshid Anwar sold his 969 (fully paid up) shares of the then Eastern Banking Corporation Ltd. to the petitioner on 15th January...... Finding no other way the petitioner served legal notice upon the respondent No. 1 requesting it to get his name entered in the share register in respect of 969 Shares. He also expressed that he was eager to purchase the proposed 4845 shares of the bank. Respondent No. 1 replied to the aforesaid leg..Category: Company Law | Date: | Hits: 175
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......e. The defendant No.2 is an insurance company with whom by policy No. MCS/MISC‑0223 (a)/63 FG‑27 all shortages of cash due to defalcation is coveted up to the limit of Tk. 10,00,000/‑ for which full premium has been paid and the defendant No. 2 is thus bound to make good the loss in case of su...... to keep the cash, enter it in the Vault Register and also to have the key of the vault in order to open the vault takeout the cash when needed. On inspection check on14.7.66 by the Bhairab branch Manager it was found that there was a cash shortage of Tk. 19050.12 paisa as per books of entry on 12.7..Category: Civil Law | Date: | Hits: 82
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
.... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... made in and papers annexed to the petition that Rajuk caused the notice under section 3B of the Act served on the Masjid Committee the alleged owners and the petitioners and that the petitioners had full knowledge about the notice and made effective representation to the Rajuk against the notice So......ition or alteration to, any building, or excavation or re‑excavation of any tank has been stopped under sub‑section (2) and cause is shown within the time mentioned in the notice against the stoppage of such further construction or re‑construction, addition or alteration, excavation or re‑ex..Category: Property Law | Date: | Hits: 77
State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ......l conspiracy and the adverse impact of it on "the career of millions of students," learned single Judge should not have persuaded himself to exercise the discretion which Parliament had very thoughtfully conferred on the Sessions Judges and the High Courts through section 438 of the Code, by favou...... is reasonable grounds for believing that he may be guilty of an offence punishable with death or imprisonment for life, he may not be enlarged on bail. 10. Both section 496 and section 497 envisages a person who is arrested and produced in Court or also 'appears before a Court' that is before ..Category: Criminal Law | Date: | Hits: 89
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181.......nd 2 leading to the institution of the present suit. 3. The defendant No. 4 Nirode Baran contested the suit by filing written statement and deposed on commission. On his death defendant No. 2, his full brother, inherited his share. Although defendants were served with summons, they did not appear......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Kadu and others Vs. State, 1990, 19 CLC (HCD)
....de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ...... his chest and appellant Torab Ali dealt a lathi blow on his left shoulder causing injuries as a result of which Asak Ali fell down on the ground. Out of fear PWs. 2, 4 and 6 ran away towards the village Asadpur and raised cries. On hearing their cries PW 9 Abdur Rashid, step‑brother of Askok Ali,..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......vidently, the Trial Court upon threadbare discussion of the oral evidence of the witnesses and upon believing the solenama executed by both the plaintiff and the defendant No. 2 who is no one but the full brother of the defendant No. 1 and PW 6, an Advocate who countersigned the solenama on being en...... executed the kabala, exhibit 'ka' in favour of said Shafiullah on 2nd Baisakh, 1379 BS corresponding to 25.4.72. But said Shafiullah did not return those blank signed stamp papers. Taking such advantage of the blank signed stamp papers the plaintiff in collusion with his brother fabricated the said..Category: Property Law | Date: | Hits: 64
Anwar Hossain Majhi Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
....allow the petitioner to enter into his office immediately. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 155.......azila, has been acting as the acting Chairman of the said Upazila Parishad and Mr. Abul Bashar has been performing the function of the said office assuming the charge on and from 5.10.89 quite successfully upto the full satisfaction of the Government and the general people of the locality. In rep......it‑in‑reply filed there against. 3. It is stated that in 1985 the petitioner was elected with overwhelming majority as the Chairman of the said Upazila Parishad. Thereafter, his rival group managed his implication in a criminal case when he did not comply with the direction given by the local..Category: Election Law | Date: | Hits: 121
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......High Court Division and that the proceedings of the execution case could only be stayed under section 31 if the High Court Division made such order. These two orders revealed that Judgment debtor had full Knowledge about the purported steps taken by the decree-holder for sale of the mortgaged prop...... As judgment-debtor did not pay the decreetal amount the decree-holder as per order of the Court published tender notice in a national daily news paper on 14th June, 2000 for auction sale of the mortgaged property. The judgment debtor instituted Writ Petition No.655 of 2006 challenging the said te..Category: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112.......angladesh. On her way back to join her duties on 21.1.88, unfortunately she suffered from cerebral stroke on 18.1.88 in Karachi. On her application, respondent No.1 allowed her 115 days of leave with full pay which was again extended granting her 91 days leave more with full pay. The petitioner was ......Karim J.- This rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 6.9.88 (Annexure A) issued under the signature of the respondent No.2, the General Manager (Administration) Bangladesh Parjatan Corporation, retiring the petitioner before attaining the ..Category: Employment/Service Law | Date: | Hits: 88
Chowdhury Miah Vs. Dhanindra Kumar Shil and others, 1992, 21 CLC (HCD)
....d on the circumstances of the case. 8. In the case of Narsing Das Vs. Gokul Prasad, AIR 1928 A14 140‑50 All. 113 a Division Bench of the Allahabad High Court, however, excluded the evidence of a woman who was examine-in‑chief on commission but was not fully cross‑examined as being an incomp......rsing Das Vs. Gokul Prasad, AIR 1928 A14 140‑50 All. 113 a Division Bench of the Allahabad High Court, however, excluded the evidence of a woman who was examine-in‑chief on commission but was not fully cross‑examined as being an incomplete statement. The decision has been distinguished and exp......ther those provisions could apply to a statement taken on commission in the course of a trial which could scarcely be regarded as a statement made in an earlier judicial proceeding or at an earlier stage of the same judicial proceeding but the learned judge's decision was based on his opinion and is..Category: Procedural Law | Date: | Hits: 91
....ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......iple of natural justice. The petitioner thereafter served demand of justice notice but fill today no reply was made.
4. These are all the averments made in the petition and we have quoted that carefully if one wants to get a picture of the petitioner's case.
5. The original petition was moved ......ssain and Brothers, 32 DLR (AD) 223; KM Guruswami Vs. State of Mysore, PLD 1956 (SC India) 53; UK Salsabil Vs. Shams Corporation, 37 DLR (AD) 117; AIR 1992 Kerala 265; 1976(3) All England Reports at page 665; AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India, 1986(3) SCC 247 (SC) 1527, M/..
Category: Others | Date: | Hits: 128
Babul and others Vs. State, 2011, 40 CLC (HCD)
....other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......other case. Since appellant No.3 Abdur Rab Chowkider is on bail, he is released from his bail bond. Send down the lower Court records. Borhanuddin J.-I agree. This Case is also Reported in: ......that one Ayati Begum (P.W.1) filed a petition of complaint before the Magistrate of first class, Lakshmipur on 17.11.1997 alleging inter alia, that her son Abdur Rashid was a young man of 20 years of age. He used to maintain his family by catching fish in different canals and rivers. Before 20/22 da..Category: Criminal Law | Date: | Hits: 111
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ......Therefore the learned Advocate submits that the entire prosecution case depends upon the evidence of the three witnesses who are very close relations. P.W.1 Rafiquddin Ahmed who lodged the FIR is the full brother but not an eye‑witness to the occurrence. P.W.2 Moniruzzaman is the brother‑in‑la......eft fibulas, right patals, right Tibia found cut, Dark, clotted blood found under the scalp also above and below the membrane.” 10. The doctor opined that the death was due to shock and haemorrahage as a result of injuries which were ante-mortem and homicidal in nature. From the nature of the i..Category: Criminal Law | Date: | Hits: 83
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......ion barring a plaintiff from instituting further suit and its provisions cannot be given a retrospective effect when in clear terms that sub‑rule speaks of a future suit. We are, therefore, in full agreement with the decision given in the Lahore case. 15. Mr. MI Faruqui further submits t......he same cause of action in as many different forums as he chooses. The remedy of the common defendant in the multifarious suits will be governed by section 10 of the code of civil procedure. The language of section 10 is a clear indication that successive suits on this same cause of action is differ..Category: Procedural Law | Date: | Hits: 92
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......d in writing to the re-opening of the assessment under section 34-A of the Act, by her letters dated 19-7-76 and 31-7-76 contending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fres......nth from 1st December, 1968 till 30th November, 1973. The house being in bad shape due to lack of care and repairs the tenants asked the asseessee to suitably repair and renovate the house. At this stage M/S Sonali Estate Agents, a registered partnership firm dealing with real estates, having its of..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......ountry. Now, therefore, I, Lieutenant General Hussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of our great patriotic people, do hereby take over and assume all and full powers of the Government of the People’s Republic of Bangladesh with immediate effect from We......le II of the Laws Continuance in Force Order, 1958 and those of clause (g) of the Proclamation of March 24, 1982 there will be differences in their applications to the writ petitions in the various stages through which they pass before their final implementation. Apart from differences in language e..Category: Constitutional Law | Date: | Hits: 181
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
......wo years respectively, the sentences to run-concurrently.
2. The prosecution case was that on the night of 13th December, 1967 at about 8-30 P.M. the complainant Fazlul Haque alias Kalamdar Ali, full brother of deceased Tafazzal Hossain after saying Tarabi prayer returned home from the mosque a......rother of deceased Tafazzal Hossain after saying Tarabi prayer returned home from the mosque and assembled in the room of his father Osmanulla along with some other witnesses to talk about the marriage of his younger brother Asaddar Ali. In the course of the talk they heard the rattling sound on t..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......on 18........................... "(5) No tenant shall be entitled to the benefit of this section in respect of any premises unless, he pays the rent due by him in respect of such premises to the full extent allowable by this Ordinance within the time fixed in the contract with his landlord or...... ambit of the section. (AIR 1967 SC 389). The construction of the 'Explanation' must depend upon its terms, and no theory of its purpose can be entertained unless it is to be inferred from the language used. The mere description off a certain provision, such as, 'Explanation' is not decisive of it..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......gal presumption of due execution and authentication under section 85 of the Evidence Act stands, and also the prima facie evidence of the contents of the document. Apart from other reasons, we are in full agreement with learned single judge of the High Court that the onus was on the defendants to pr......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..Category: Property Law | Date: | Hits: 63
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