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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: ......tijheel Commercial Area, Dhaka, Head Office T.K. Bhaban (14th –16 Floor) Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another……………......s on 31.12.2006, the borrower vide letter dated 11.1.2007 requested the Petitioner to extend time for the adjustment of his liabilities. In response, the Petitioner by a letter dated 8.2.2007 categorically granted time to the borrower for adjustment of the aforesaid loan facilities upon certain term......ractual relationship between the Petitioner and the borrower, this Court upon a perusal of the said two communications finds the contents thereof to be categorical and specific in terms of a definite meeting of minds of the Petitioner and the borrower. Both parties appear to have worked out a scheme..Category: Company Law | Date: | Hits: 203
Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)
.... corrected this mistake by the impugned decision giving effect to the seniority of the petitioners from the date of issuance of the order of their regularizaÂtion which the authority concerned was empowered to do; that there has been no illegality in the impugned order which has been made in confor......ivision (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Bangladesh Atomic Energy Commission (BAEC)…………….......Petitioner Vs. Md. Al-Amin Sarker and othe......ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.  ......he judgment and order dated 10.06.2010 passed by a Division Bench of the High Court Division in Writ Petition No.6308 of 2009 making the rule absolute declaring the impugned decision No.2 of the 12th meeting of Bangladesh Atomic Energy Commission held on 27.8.2009 contained in Memo No. বাপসà..Category: Employment/Service Law | Date: | Hits: 81
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....the ex‑president appears to have been in possession of that huge property and it is disproportionate to his known source of income and that he had acquired those illegally by misuse of his official power. The FIR was filed on 5.1.91. The police, thereafter, submitted a charge sheet under section 4......dhury J Abdul Karim J Hussain Mohammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. St......proceed in the present form and style under the provision of Prevention of Corruption Art because the previous president HM Ershad is not a public servant; secondly, FIR does not show anything specifically against the former President. Moreover, as there is an enquiry commission having been establis......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. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....ce of the offence, which is the absolute discretion of the Magistrate. It is further submitted that the learned Magistrate after considering the evidence on record passed the order in exercise of his power under section 202 sub‑section (1) read with the provision to sub‑section (2)(a) of the Cod......n Criminal Motion No.65/III/89 under sections 435/436 of the Code of Criminal Procedure by which the order dated 28.8.89 passed by the Upazila Magistrate, Baniachong 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 Cod......tion may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he shall call upon the complainant to produce all his witnesses and examine them on oath." 11. The power ......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
Rezaul Karim (Md) and another Vs. Secretary, Ministry of Home Affairs and others, 1991, 20 CLC (HCD)
.... Home Affairs, Government of Bangladesh, reported in 40 DLR (AD) 170 it has been held by the Appellate Division that the principle of natural justice is to be observed in the matter of exercising the power of cancellation of the licences of gun under section 18 of the Arms Act and that the order can......r……………Petitioners Vs. Secretary, Ministry of Home Affairs and others.............Respondents Judgment January 16, 1991. Result: The Rule is made absolute. Case Referred to- Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh, 40 DLR (A......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. ..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. ......t the opposite party No.1 Makbul Ahmed filed a petition of complaint before the Chief Metropolitan Magistrate against the five petitioners and two others stating that the accused persons are the directors of M/s. Nahar Shipping Lines Ltd., a Public Ltd. Company with registered Head Office at Red Cro......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. ....... 1,00,000/= to accused No.2, Mrs. Syeda Serajun Nahar, the Managing Director of the Company on receipt of the receipt. The Company showed allotment of 1000 shares in favour of the complainant in the meeting of the Board of the Company held on 31.3.80 and accordingly submitted return to the Registra..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. ......he learned Subordinate Judge, Joypurhat, in Misc. Appeal No.9 of 1984 affirming the Judgment and order dated 28.2.83 passed by Munsif, Joypurhat, in Misc. Case No.144 of 1978. 2. Facts giving rise to this rule may briefly be stated thus: 3. Opposite Party No.2 Jamsed Ali Dewan transferred the ......r. Mansur 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 l......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. ..Category: Property Law | Date: | Hits: 81
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....itted his guilt, tendered unqualified apology and has undertaken not to repeat the same in future and has thrown himself upon mercy of this Court. After considering the background of the case and the power to punish a person for contempt in extreme necessity, only to keep the flow of administration ......: D M Ansaruddin Ahmed J Abdul Hasib J Ayub Ali Mohaldar ............Petitioner Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Pe...... ‑ For Contemner Nos.2‑3. Shaikh Razzaqure Ali - For contemner No.4. Contempt Case No.1 of 1989. Judgment Abdul Hasib J.- This Rule at the instance of one Ayub Ali Mohaldar was issued calling upon the opposite party contemners to show cause why they should not be committed for contem......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. ..Category: Criminal Law | Date: | Hits: 84
.....
(5) Dues of the Bank may also be recovered by any other legal action without any ad valorem fee for the same.
(6) An officer (of the rank of Manager or above) of the Bank may exercise all the powers exercisable by a certificate officer under the Public Demands Recovery Act, 1913 (Bengal Act ......Court
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collector......e Constitution of the People's Republic of Bangladesh was issued upon the respondent General Certificate Officer, Collectorate Building, Comilla and Bangladesh Krishi Bank, Monoharpur Branch, Comilla calling upon them to show cause why the Certificate filed in Certificate Case No. 318/86‑87, notic......ayment of loan amount plus accrued interest per unit when the selling price was above cost. Consequently the petitioner could not adjust the cash credit loan in full.
5. Subsequently after a joint meeting of the Bankers and representatives of Bangladesh Cold Storage Association held under the Cha..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....as Uddin Al Mamun demanded money from one Begum Khadija Islam, Chairman of Nirman Construction with assurance that an work order would be awarded to her for construction of an eighty (80) MW capacity power station in Tongi, BISIC Industrial Area through his close friend and business partner Tarique ......eration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......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. ......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
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....oking the aid of section 339D of the Code of Criminal Procedure. The learned Deputy Attorney‑General, however, could not show any provision in the said section by which the court is vested with the power of revival of a case once stopped suo motu when such revival is not sought for by the Governme......d another, 34 DLR 238; MG Towab, Air Vice Marshal (Rid.) Vs. The State, 34 DLR (HC) 371. Lawyers Involved: KS Nabi, Advocate ‑ For the accused Petitioners. Amirul Kabir Chowdhury, Deputy Attorney -General ‑ For the State. Criminal Revision Case No.80 of 1989 (Khulna) and re‑numbere...... Procedure filed by AKM Mohinus Saleh, the then Manager, Jessore Krishi Bank and thereafter a Senior Officer, Bangladesh Krishi Bank, Comilla and 2 others, a Rule was issued by this Court on 8.8.1989 calling upon the Deputy Commissioner, Khulna to show cause as to why the Special Case No.161 of 1984...... 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...Category: Criminal Law | Date: | Hits: 80
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....s not illegal. 13. Mr. Khondker Mahbub Hossain, the learned Advocate for the appellant, has placed before us the Agrani Bank (Employees) Service Regulations, 1981 which was made in exercise of the powers conferred by Article 29 of the PO 26 of 1972 which was published in the official Gazette on 1...... Jurisdiction) Present: Mohammad Ismailuddin Sarker J Mohammad Badruzzaman J Fazlul Karim………………….Appellant Vs. Agrani Bank, represented by the Chairman, Board of Directors, Agrani Bank and ors…………………….Respondents Judgment November 3, 1991. Ca......8 (11) (e) which runs as follows: "(II) When an employee is to be proceeded against under sub‑regulation (1) and the competent authority is of opinion that the allegations, if established, would call for a major penalty, the following procedure shall be observed; (e) After the competent auth......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
.... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
......tion)
Present:
Sheikh Abdul Awal
M. Moazzam Husain
Bangladesh Krishi Bank……........................................................Appellant
Vs.
M/s. Dadajee Ice Plant and Cold storage Ltd. and others……….........Respondents
Judgment
May 10, 2010.
Lawyers Involved...... defendant company failed to perform his part of the contract and also could not go into operation of its project. In such circumstances plaintiff-Bank under the legal compulsion issued so many money call back notices upon the defendant-company lastly, on 24.7.1995 but the defendant-company having d...... Artha Rin Suit No.103 of 2001 is maintained.
Let a copy of the judgment along with lower Court’s record be sent down at once.
M. Moazzam Husain J.- I agree.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 217
....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 accordingly ......ota & Kamal Baksh & another Vs. Siraj Bakshi & others, 7 BLT (AD) 328, Bangladesh Vs. Helal Jute Press Ltd., 8 LG (2011) (AD 70.
Lawyers Involved:
Mosharraf Hossain Sarder, Deputy Attorney General with Mrs. Shahida Begum, Assistant Attorney General and Khondaker Moderesh Elahi, Adv......ivil Revision No.3218 of 2007.
Judgment
Md. Rezaul Hasan J.- This Rule under section 115 (1) of the Code of Civil Procedure (the Code) has been issued at the instance of the Defendant-Appellant calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 03.......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.
..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
.... No.5 attracted 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......………………Petitioner Vs. Dr. Mohammad Tareque and others……………………….Respondents Judgment August 3, 2011. Result: The Rule is discharged without any order as to cost. Cases Referred to- Moazzam Husain Vs. The State 35 DLR (AD) 290; Mahbubur Rahman Sikd......o.2526 of 2010 before this Division under Article 102 of the Constitution upon which a Division Bench presided over by His Lordship Mr. Justice A.H.M. Shamsuddin Chowdhury on 12.04.2010 issued a Rule calling upon the contemnor respondent Nos.1-4 to show cause as to why they should not be directed to......er as to cost. The contemnor-respondent Nos.1 to 4 are exonerated from the charge brought against them. Communicate at once. M. Moazzam Husain J. - I agree. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....Bangladesh) is a law and development policy research institute. It has been providing pro-bono legal services to various energy customer groups of Bangladesh and has been involved in other energy and power related issues. The respondent No.2 was appointed as the ChairÂman of the BERC under the impu......aw Dev (Bangladesh)......................................Petitioner Vs. Bangladesh and another... ................................Respondents Judgment February 24, 2011. Cases Referred to- Ruhul Quddus, Advocate Vs. Justice MA Aziz, 60 DLR 511; Aminul Haque Helal Vs. Justice Sultan......pondent No.1. M Amir-ul-Islam with Md. Khurshid A Sarkar, Advocates—For the Respondent No.2. Writ Petition No.7119 of 2009. Judgment Moyeenul Islam Chowdhury J. - A Rule Nisi was issued calling upon the respondent to show cause as to under what authority the respondent No.2 is holding ......s to be specified by regÂulation. (3) The pay and allowances etc. of Members and employees shall be paid and all other expenditures of the Commission shall be borne out of this Fund. (4) After meeting all expenses any remainÂing unspent money of the Revenue budget shall be deposited to the C..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. ......7 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- Petitioner Shahabuddin, General Secretary, Nabarun Sangsad, Kalta Bazar, Dhaka prays for issuance of Rule Nisi upon the respondents to show cause why the following impugned decision and order dated nil (Annexure‑E) passed by Syed ......ncluding the decision by the Arbitration Tribunal were not taken by any person performing the functions in connection with the affairs of the Republic or of a local authority, such decision cannot be called in question before this Court under Article 102(2)(a)(ii) of the Constitution. (Respondent No......n paragraph 6 of the petition that on the basis of a report submitted by the Disciplinary Sub‑Committee to the Junior Division League Committee, the Junior Division League Committee in an emergency meeting held on 24.8.90 approved the said report and decided to forfeit the points of Nabarun Sangsa..Category: Constitutional Law | Date: | Hits: 165
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......passed by learned Munsif, 1st Court, Pabna in OC Suit No.135 of 1973. 2. Plaintiff appellant instituted OC Suit No.135 of 1973 in the 1st Court of Munsif, Pabna seeking simple declaration of title to the suit land measuring 81 acres as described in the schedule of the plaint. The suit land origin......parte decree stands vitiated by fraud. So, as per provision contained in section 44 of Evidence Act legality or otherwise of the impugned decree which is passed on the basis of Bainanama Ext.2 can be called in question without instituting any separate suit to have the ex parte decree set aside. 9......ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....duction in computing the total income from house property under section 9 of the Act. Subsequently the Inspecting Joint Commissioner of Taxes, Range‑11, Dhaka (South) Zone, Dhaka in exercise of his power under section 34A revised the assessment order relating to assessment of income from house pro......section 10(2)(XVI) of the Income Tax Act; (ii) Whether on the facts and in the circumstances of the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and from house pr......inant factor in a given case as each factor is not decisive and it is the totality or the cumulative effect of all facts and circumstances that would afford the prime guiding factor. If it is intrinsically a capital assets, it is immaterial whether the price for it is paid once and for all, or perio......ness by equitable mortgage of the property belonging to him with the object of avoiding future trouble in running the business and for management of his properties. The trust deed provided that after meeting the expenses of management and payment to the beneficiaries the trustees will create a Reser..Category: Fiscal/Taxation Law | Date: | Hits: 90
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....ion by the Respondent No.1, the Deputy Commissioner Dhaka. In this connection, it is necessary to refer to the Regulations 12 and 13 of the Service Regulations, 1979 which run as follows: "12. The power to impose penalty upon a teacher under Regulation 11 shall vest in the authority competent to ......n (Special Original Jurisdiction) Present: Naimuddin Ahmed J Mohammad Ghulam Rabbani J Abdul Khaleque (Md)………………….Petitioner Vs. Deputy Commissioner, Dhaka, Collectorate Building, PS Kotwali, Dhaka and others………………….Opposite Parties Judgment N......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.......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...Category: Employment/Service Law | Date: | Hits: 59
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