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MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

.... the Company permitting of analogies to be drawn, as above explained, to the Ebrahimi Vs. Westbourne Galleries Ltd. scenario but also significantly of the Company’s subsequent dealings in these disputed shares from the late-1980s onwards in the form of transfers to the Hussainia Trust. An idea...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......sunnahar by Saf Kabala deed dated 09.06.1998 but the said kabala was shown as an exchange deed to avoid the pre-emption against the same. The petitioner opposite party No.1 being the co-sharer of the khatian of the suit land is entitled to pre-empt the said suit land. Hence he has filed this miscell..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....of legal proceeding should not be declared to have been issued without lawful authority and is of no legal effect and why a direction should not be given to the respondent No. 1 to investigate the disputed return under the power available in section 193 of the Companies Act, 1994 and to take app......to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ...... time of issuance of the rule is hereby vacated. The lower courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 135. ..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......reafter the rent receiving interest was acquired by Zaminder who had no interest and the land was vested to the Government and area of 1.39 acres of land of the defendant was wrongly recorded in khas khatian No.1. That the B.S. Khatian was cor­rectly recorded in respect of 2.51 acres of land and..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

Md. Abdul Jabber Biswas and others Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....for the opposite parties opposed such argument of the learned advocate of the petitioners and submits that the courts below concurrently found that the preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of es......er Court's Records immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28.         ..

Category: Property Law | Date: 21 Jul, 2008 | Hits: 3

Md. Abdul Jabber Biswas Vs. Aysha Khatoon and others, 2008, 37 CLC (HCD)

....for the opposite parties opposed such argument of the learned advocate of the petitioners and submits that the courts below concurrently found that the preemptors are co-sharers by inheritance in the disputed holding and the preemption proceeding is not barred by limitation or by the principle of es...... the Lower Court's Records immediately. 13. However, there is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 28.       ..

Category: Property Law, Tenancy Law | Date: 21 Jul, 2008 | Hits: 5

City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)

.... 23. Here it may further be mentioned that the contention as raised by Mr. MR Hasan with regard to the facts of the Artho Rin suit and ex parte decree may have some substances but such facts are disputed and highly controver­sial in nature requiring investigation for proof, it does not fall a......sult, the Rule is discharged with­out any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..

Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7

Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)

....er of stay reasoned his decision on the fol­lowing discussion: "There is no dispute that the minor girl Radyna Karim is residing with the appel­lants i.e. father of Radyna. It is not also disputed that the plaintiff respondent has divorced the defendant-appellant when a criminal case w...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599.  ..

Category: Family Law | Date: 17 Jun, 2008 | Hits: 19

State Vs. Ershad Sheikh, 2008, 37 CLC (HCD)

.... mortem report, seizure list etc. makes his submission supporting the reference and opposing the appeal. He submits that causing death of the deceased on the date, time and place of occurrence is not disputed. It is proved by the medical evidence that the deceased was strangulated to death. P.W.2, t......vidence recorded by the Tribunal. Send down the lower Court's records with a copy of this judgment for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 183. ..

Category: Women and Children | Date: 17 Jun, 2008 | Hits: 157

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....members of the Association are still in possession of the land in question and have been carrying on business there. Since the petitioner failed to impress upon the concerned authority to release the disputed land from acquisition, he filed the instant Writ Petition and obtained this Rule Nisi. ......a Jatrabari, P. S. Demra from the successor-in-interest of R.S. recorded owner Mr. Alauddin by the registered deed of sale dated 6.3.2000. The purchased land appertains to C.S. plot No.597 under C.S. khatian No.118, S.A. plot No.597, under S.A. khatian No.294 and R.S. plot No.2357 under R.S. khatian..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Tasmima Hossain Vs. Anti-Corruption Commission and others, 2008, 37 CLC (HCD)

.... for possession of any property, movable or immovable which is for sufficient reasons considered to be acquired by illegal means and disproportionate to his known source of income. 20. It is not disputed that the Commission never asked the petitioner to submit any statement or information or do...... authority and as such, of no legal effect and accordingly, quashed so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 1. ..

Category: Anti-Corruption Laws, Criminal Law | Date: 8 Jun, 2008 | Hits: 7

Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)

....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..

Category: Procedural Law | Date: 28 May, 2008 | Hits: 5

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....e instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently exam­ining the facts of the case similarly case (sic) to the finding that a disputed ques­tion of title was very much involved in the matter which cannot be decided in a su...... and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declara­tion of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390/3940 measuring an area of 0568 ajutangsha originally belonged to Kh..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)

....ever. 8. Mr. M. Saleem Ullah, finally contends that whether the transaction made in between the parties comes within the definition of loan as per provision of section 2 (kha) of the Ain is a disputed question of fact requiring evidence to be decided does not fall within the ambit of writ j......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..

Category: Procedural Law | Date: 4 May, 2008 | Hits: 9

Syed Tipu Sultan Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 2008, 37 CLC (HCD)

.... Division disposing a batch of writ petitions including Writ Petition No.1468 of 2002 of Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs and ors. 1988, 40 DLR (AD) 170. 7. It is not disputed that the petitioner got a license being No.8093 dated 30.10.92 for holding arms. He also a...... ammunition to the petitioner within a period of seven days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 624. ..

Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ......ance of the Rule is hereby vacated. The lower courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 488.  ..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)

....lding inasmuch as there are consistent evidences both oral and documentary, available on record to corroborate the landlord's bona fide requirement of the suit premises. Moreover, I find that the disputed suit shop is situated at 34, Siddeswari New Circular Road, Police Station Ramna, Dis­tr......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202.   ..

Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13

Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....herefore, depositing 50% of the face value of the dishonoured cheque cannot be said to be illegal in case of a pend­ing ease ended up in conviction and sentence. 12. It is contended that the disputed amendments shall apply prospectively and not retrospectively. 13. It is now well settl...... not find any substance in this Rule.  Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275.   ..

Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)

....Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..

Category: Property Law | Date: 5 Mar, 2008 | Hits: 28