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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. ......vests wholly in the petitioner. It is submitted that the refusal by the company to register the shares is illegal, capricious, whimsical, and mala fide and an attempt to deprive the petitioner of the rights attached to his ownership of the shares. It is further stated that the power of refusal to tr..Category: Company Law | Date: | Hits: 181
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.......suit of one character into a suit of a different character. The expression "all the question involved in the suit" means question between the parties and are limited lo questions with regard to the rights set up in the suit and the relief claimed by one side and denied by the other. But that doe..Category: Property Law | Date: | Hits: 39
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....mpensation in case of the failure of the petitioner's company in performing the contract and the plain truth is that the contract was frustrated by the BSRS through non-performance of its part of the contractual obligation in the matter as stated above. 5. On the basis of the aforesaid facts it h......reach of trust can be brought home against the petitioners. 4. In the other petition, it has been stated that the contract between the BSRS and the petitioners company dated 29.9.80 regulating the rights and obligations of the parties under the contract for supply of cargo coasters is an undisput..Category: Criminal Law | Date: | Hits: 67
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.......rtunity to show cause against the action. In that case the point for consideration before their Lordships was whether order cancelling without show cause notice was valid or not. By such registration rights and obligation were created and nothing left to be completed for granting the registration li..Category: Property Law | Date: | Hits: 36
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. ......that when ex parte proceedings come to a close and the suit is fixed only for judgment or orders, the benefit of the provisions of Order 9, rule 7 are not available to the defendants, because all the rights that they had were extinguished on the day that the ex parte hearing came to a close, 15.9.83..Category: Civil Law | Date: | Hits: 83
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....account-holder at the time of opening of the account. He argued that in view of the clear provision of section 103 of the Banking Companies Act, 1991 the bank may not be injuncted in fulfilling their contractual obligation. 4. Mr. SH Nurul Huda Jaigirdar, the learned Advocate appearing with Mr. R......sub-section (1) or where a person is conferred under sub-section (2) he shall on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of all depositors, in relation to such deposit ..Category: Banking Law | Date: | Hits: 122
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. ......r and should really have none”. 24. From the aforesaid judgment it further appears to us that in Indian Constitution two Articles namely, Article 121 and Article 221 are there for protecting the rights of the Court. In these two Articles it is provided that no discussion shall take place in Par..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. ......has stated, inter alia, that the petitioner is registered under the Companies Act, 1913 as a non profit making Trust with the object, inter alia, to provide legal aid to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of la..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11........P.C. 4. The case, as has been made out by the petitioner is that the impugned action of the respondents is without lawful authority inasmuch as it is in violation of the prisoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35(3) of the C..Category: Criminal Law | Date: | Hits: 45
BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)
.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......by Article 32 of the Constitution. 2. Short facts leading to this Rule are that the petitioner No.1, Bangladesh Legal Aid and Services Trust (briefly as “BLAST”), a leading legal aid and human rights Organization filed this writ petition in the public interest to protect and promote the funda..Category: Constitutional Law | Date: | Hits: 171
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ...... to Court, Civil Rights of minorities or individuals are protected by the Courts. 161. It is often forgotten why a Court is important and why a Court must be independent. The reason is that all rights are rights against the state. A Court must be able to overturn unconstitutional law passed b..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....d by the plaintiff. It is the case of the defendants that the containers in question were discharged by the carrier at the port of Chittagong with the seal intact. The defendant No.1 discharged their contractual obligations by delivering goods to the plaintiff at Chittagong Port against the original......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... under rule 12 is completely different from that to contest a suit by filing a written statement under rule 8(1) of the Code. So, the appellate Court fell in serious error of law in equating both the rights as same and in allowing the opposite parties No.1 and 2 to file their written statement for t..Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......C 49 it has been held that defaulting borrowers themselves form into a separate and distinct class and legislature can make stringent law against them and such law is not violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. In view of the same we find that cla..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....ces raising a time barred, artificial, illegal and ultra vires claim as stated above, particularly when the petitioner accepted orders for manufacturing Coils and is engaged in the performance of its contractual obligation is nothing but colourable exercise of power for collateral purpose and malice......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......rovisions of sections 89 and 181 of the Bengal Tenancy Act and in the light of reported age old decisions of the superior courts as regards incidents of service tenancy distinguished from occupancy rights of other tenants." The security of Tk. 1000/- is to be deposited within one month. The ..Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
.... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......g the parties by order dated 30 May, 1990 rejected the plaint on the reasonings that after repeal of East Pakistan Enemy Property (lands and buildings) Administration and Disposal Order, 1966 and all rights of the Deputy Custodian of Enemy Properties having been vested in the government under the Pr..Category: Limitation Law | Date: | Hits: 149
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......d ownership in the entire 0.75 acres of land including 0.33 acres in the holding No.1-1/2, Joynag Road on the strength of the power of attorney dated 08.11.1988 which is apparently in negation of the rights of his principals as the real owners of the properties, as opposed to his right as their me..Category: Property Law | Date: | Hits: 21
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414.......rs of the remaining 822 fore prisoners and also to report within seven days as what steps have been taken by this time for the release. Ed. This Case is also Reported in: 53 DLR (2001) (HCD) 414...Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....squalified under provisions of section 7(1)(b)(c) and (d) of the Electoral Rolls Ordinance, 1982. Md. Hamidul Haque J.- I agree. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 318. ....... I. Farooqui, Advocate - For the Petitioner. Zaman Akter, Assistant Attorney General - For the Respondents. Writ Petition No. 3831 of 2001 Judgment Zinat Ara J.- This Rule is about the rights of the petitioners to be enrolled in the electoral roll and thus to be registered as voters o..Category: Election Law | Date: | Hits: 94
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