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Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......pany is also estopped thereby. It is also submitted that grant of such power is held to be valid, such power is not uncontrolled and unfettered but has to be exercised in accordance with well settled principles. Even in the case of a private company, the discretion vested in the directors to refuse ...... which requires a just and proper consideration of the proposal to transfer in the facts and circumstances of the case. In the exercise of that discretion the directors are required to act for the paramount interest of the company and for the general interest of the shareholders inasmuch as the dire..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......976, since the rules 61 A and 61 B under the Ordinance of 1973 had been incorporated as rules 47 and 48 in the rules under Ordinance of 1976 and consideration in both the cases rested on the same principle. It appears that the rules 47 and 48 in the Ordinance of 1983 are the same as in Ordinance...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... even though all the controversy is relatable to the property in dispute. 8. That is more or less the law regarding addition of parties in a suit and there is no dispute or controversy with that principle spelt out by the competent courts all over this sub-continent including the High Court o......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
Mahbubul Alam Vs. State, 1988, 17 CLC (HCD)
....result, the Rule is discharged. The accused-petitioner is directed to surrender to his bail bond to serve out the sentence awarded against him. Ed. This Case is also Reported in: 41 DLR (1989) 7.......lthough it has been held in that case that the appellate Court can alter an order of conviction made by the trying Judge under a particular section to one without framing charge there under yet the principle of law laid down in Jahangir Hossain is equally applicable to the case of the Court of fir......onging to P.W. 5 Md. Hossain but after half an hour on his return he found the driver absent and the key hanging inside the car. He became suspicious and on opening the brief case found the aforesaid amount of money missing. The police took up the case on the basis of the F.I.R. and after completion..Category: Criminal Law | Date: | Hits: 26
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
...., 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ...... void and without jurisdiction. 8. In view of the case made out in the F.I.R. and the evidence of the P.Ws. that the appellant caused the death of his wife Peara Begum for non payment of balance amount of dowry and in view of the observation of the learned Sessions Judge him self that it is a d..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque dated 3.12.80 to purchase new engines through WEs but the accused Nos. 5 and 6 fraudulently withdrew the said amount in their own name and further took loan of about Tk. 4.80 lacs from Rupali Bank, Motijheel Co..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, 4 and 5 with costs. The plaintiff was allowed to get an amount of Tk. 9,00,000/- from defendants 1,2,4,5 and 6 with pendent lite interest of Tk. 15% per ann..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......r delivered to the plaintiff." 10. The learned Advocate for the appellant next submitted that the appellant was not given a show cause notice and as such order of cancellation was violative of the principle of natural justice and placed reliance upon the decision reported in 19 DLR 719. That case......r the development of the land; that as subsequently the premium of the Government settlement land was reduced an order for refund of a part of the premium money deposited by him was made and the said amount by way of an adjustment was paid against future rents, cesses etc.; that he paid rents etc. u..Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
.... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18.......grounds as stated did not give any scope to the detenu to make any effective representation. Detention on such grounds is illegal and it has been so held in several decisions making it an established principle of law that the detention on grounds vague and indefinite without giving sufficient materi...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......eal is dismissed, but in the facts and circumstances of the case we make no order as to costs. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 10. ......llant's stay abroad that he was prevented by sufficient cause from appearing when the suit was called on for hearing. Mere absence from the country in the facts and circumstances of the case does not amount to a sufficient cause. In the background of the case history we are inevitably led to inquire..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ......rned Subordinate Judge by the earlier order dated 19.2.84 having rejected the application for acceptance of the written statement; his subsequent impugned order allowing the same prayer is hit by the principle of res judicata. For all his submissions, Mr. Syed Ishtiaq Ahmed relies solely upon the ca......ry of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying in the defendant-bank's pledged godown, as well as for recovery of damages for wrongful detention thereof amounting to Tk. 70,00,000/-. 3. The certified copy of the order-sheet shows that the defendants ..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......e accounts will be operated by either of survivors, the survivor is the only person who is entitled to the balance thereof after the death of one of the account holders. This practice is based on the principle that the terms of operation of the account forms part of the contract of the deposit. Here......o.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is respondent No.5 here withdraw 1/4th of the deposited amount from the appellant bank. 2. The short fact leading to this appeal is that, the plaintiffs ..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ...... Taka 1, 40, 50,000.00. His offer being the highest amongst the competitors the Mongla Port Authority accepted the offer of the petitioner and issued a sale order on 22-11-94 on receipt of the entire amount. The said order dated 22-11-94 issued by the receiver is annexed to the petition and marked a..Category: Fiscal/Taxation Law | Date: | Hits: 86
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ...... with BCCI, Foreign Exchange Branch, Dhaka and on 16-3-89 BCCI affirmed the receipt of the aforesaid US dollars. The plaintiff then sought permission from Bangladesh Bank for depositing the aforesaid amount in the International Money Market for Profit and got the permission on 30-5-89 and on receipt..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......the High Court Division for taking appropriate legal action as Mr. Moudud Ahmed thinks that statements of the Home Minister in the Parliament are very much objectionable and contemptuous and the same amount to interference with the course of Justice. 11. Mr. Mahmudul Islam, the learned Attorney-G..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......Police. Democratic Government of the People and for the People is a form of administration by the people either directly or through elected representatives based on the acceptance and practice of the principles of equality of rights, opportunity and treatment. It is high time that the concerned auth......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......Division on such a question of pre-maturity of cause of action. This is reported in 31 DLR (AD) 118. This decision is relating to the pre-maturity of cause of action regarding a pre-emption case. The principle laid down in this case is that if the cause of action is matured during the pendency of th......t was presented for encashment. Then the plaintiff served another notice on 31-1-2000 which was received by the accused petitioner on the same date but the accused neither gave any reply nor paid the amount of the cheque. Then the complainant filed the present case on 9-8-2000. 3. The question ra..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......ys a defaulter. 10. Md. Fazlul Karim, learned Advocate for the plaintiff petitioner, referred to the case of Ramijan Ali Ministry Vs. Md. Hedayetullah reported in 31 DLR (AD) 183 wherein the above principle of law has been elaborately discussed and settled. In view of the facts and circumstances ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......hop on 01-07-87 from the petitioner No.1 on the basis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner as security. It was stipulated, the same amount would be returned to the plaintiff at the time of vacating the suit premises. On 29-05-95 a f..Category: Civil Law | Date: | Hits: 82
Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)
....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......ld that the provisions of sections 5 and 6 of the Druto Bichar Tribunal Ain authorizes the Government to transfer the case to a Tribunal for expeditious disposal and such transfer is not hit by the principle of equality before law or equal protection before the law inasmuch as the same is applic......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ..Category: Criminal Law | Date: | Hits: 34
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