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...., has submitted that, the respondent No. 1 has a legitimate expectation as he has invested money in the company, which is a small company in the nature of quasi partnership, and in such company it is expected that he should be allowed to participate in the management of the company. He then submits ......t be the Appellant No.2 and the respondent No. 1 was also one of the other two signatories, the company in the year 1995 commenced the project of the aforesaid VIP Tower and opened accounts with different banks at Chittagong namely, Islamic Bank, Chawkbazar Branch, Arab Bangladesh Bank Ltd. CDA Aven..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......ession value and 2 (two) separate lease deeds were executed by the plaintiff‑opposite party No.1 : in favour of the defendant petitioner and defendant‑opposite party No.2 on 19‑3‑1981 and the rent was fixed at Taka 200 each i.e. equal to Taka 400 in total. Thereafter though the two shop room..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....as got exclusive authority to decide whether the verdict of the trial Court is correct or not till such final decision, change of possession in the subject matter, as found by the trial Court, is not expected to be interfered with by the Magistrate under section 145 CrPC. The aggrieved party is, how......of the proceeding (Annexure D) that on 24‑12-2003, the Magistrate had drawn up the proceeding and appointed Receiver without passing any order of attachment under section 145(4) CrPC which apparently stands illegal. Without passing an order of attachment, the question of appointment of Receiv..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ......of the plaintiffs as to execution of the bainapatra by him and alleging that he instituted SCC Suit No. 88 of 1980 for the ejectment of Khurshed Ali Master as he became defaulter in the payment of rents, that during the pendency of the SCC suit there was a 'salish' in August, 1981 where Kh..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......ntesting defendants as his heirs have been possessing the suit land for over 12 years. The SA record was also correctly prepared in their names accordingly. 9. The plaintiffs filed 11 rent receipts Exhibits 1‑1(K) showing payment of rents to the ex‑landlord in respect of the suit..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......s, the defendant opposite party accepted the plaintiffs as new landlords by admitting their right, title, and ownership over the suit premises but the defendant opposite party did not pay the monthly rent of Tk. 140/- to the plaintiffs and became defaulter. The defendant opposite party also illegall..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
.... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ......ng khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obtained electric, WASA an..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....o be referred to arbitration, the Court would have no jurisdiction to hear any legal proceeding save under the provision of this Act. The section is never intended to bar any suit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, a...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......hy;in‑interest of defendant Nos.1 to 11. After his death, said defendant Nos.1 to 11 possessed the suit land. There was a big four‑roof tin hut with many rooms therein, which were let out to different tenants. Three shops and adjacent vacant land comprising of 3.5 decimals remained abandoned for..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
.... pending, for execution on the date of revocation of the martial law loses all their efficacy and force. After restoration of the Constitution no order of the martial-law authority therefore could be expected to be executed under the Constitution or by any constitutional authority. It must be rememb......the Penal Code. The case was then transferred to the Martial Law Court and registered as case 7 of 1985. By order dated 21-10-85 Anisuddin Ahmed along with others were convicted and sentenced to different periods and asked to pay Taka 35,00,000 with interest at the rate of 10% within six months. As ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
.... the documents complete is proved such documents would be excluded from consideration by a Court of law.
48. Modern banking is multifarious and based upon utmost trust and confidence. No bank is expected to receive the charge documents executed in blank in necessary particulars and then, fill t......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......€‘12-1992 appellant sent a letter to the father of the plaintiffs in Saudi Arabia by post with acknowledgment due. Before institution of the suit on 23‑6‑1993 plaintiff No.1 along with his parents and Senior Advocates Md. Idris and Afsaruddin Ahmed went to the residence of the appellant for..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... in the present suit namely, Nurul Haque, was also a defendant in that Title Suit instituted by Upendra Nath Barman. The defendant No.1 Nurul Haque was at the time residing in the suit land as a rental tenant of this plaintiff. The plaintiff then preferred an appeal against that decree passed i..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......ted 30‑6‑1986 and 11‑6‑1987 are illegal, void and not binding upon them stating, inter alia, that one Yakub Seth on 24‑2‑1932 purchased the property in suit, got mutated his name and paid rent and constructed building and was living thereon peacefully and that father of the defendant No...Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......id 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was constrained to ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......209;5 illegally entered into the premises as described in schedule‑C without any knowledge of the plaintiff. The original plaintiff mutated his name with the Municipality and has been paying rent to the Government after duly registering his name in the Govt. records and he revoked the powe..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....nvoke inherent jurisdiction under section 151 of the Code of Civil Procedure to accept the deficit court fees and admit the appeal after setting aside its order rejecting the memorandum of appeal. As expected, such power could only be exercised within the periphery of the above provisions of law&hel......ng a memorandum of appeal for insufficiency of stamp-papers is the only remedying. Revision will therefore, not lie against such order….(21) In an appropriate case, a Court may invoke inherent jurisdiction under section 151 of the Code of Civil Procedure to accept the deficit court fees ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515........179,180,181,182, and 183 of 1989 allowing the same. The Miscellaneous Cases were filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......) No. 476 of 1991. It was contended before the High Court Division that the Arbitrator was in error in allowing 15% statutory compensation in respect 0 f structures, tank, excavation of tank, house rent, fruits, fish, etc. other than the land although the Arbitrator ought to have allowed statuto..Category: Property Law | Date: 25 May, 2004 | Hits: 121
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......micable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑1994, the defendant‑respondents started digging earth in the la..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
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