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Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....he respondent No.5 was not a member of the said Samity. On 4.10.92 in a meeting of the petitioner‑federation it was found that the respondent No.5 was not a member of the basic society in which she claims membership and she was precluded from being a member of the petitioner. As a result, the post...... is no provision to remove a nominated Chairperson from the Managing Committee, further enquiry under section 22 (4) of the said Ordinance is necessary and the respondent No.2 rightly passed an order for maintenance of status quo. It was the further case of the respondents that as the respondent No.......hey illegally occupied the office and sales centre of the said Federation from 4.10.92 to 29.10.92 and received Tk. 1,00,234.00 as sales proceeds from the said sales centre and without depositing the money in bank misused the same. An ex‑Chairperson of KARIKA Mrs. Chamon Ara Begum filed a dispute ..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ce Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the ho......on‑in‑law used to visit his house after marriage. Nurul Hoque took his daughter to his house one year after his marriage after he gave Nurul Hoque Taka 1,000/‑. His son‑in‑law demanded more money as loan which he refused. He however stated immediately before Nurul Hoque took his daughter N..Category: Criminal Law | Date: | Hits: 76
....11.85. Respondent No.3, Khairunnessa, a citizen of Bangladesh, filed Settlement Court Case No.422 of 1987 before the Court of Settlement by filing an application under section 7 of the said Ordinance claiming the property as her own property and prayed for release of the property from the 'Ka' list ......d Ziaul Karim, Advocate ‑ For the Respondent No.3.
Writ Petition No. 1025 of 1991
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The Petitioner Md. Mohsin Kabir alias Rupan prays for issuance of Rule Nisi calling upon the respondents (1) Government of Bangladesh represented by t......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
.... plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise or solenama. That solenama provided that the present plaintiff relinquished his claim in respect of 1.04 acres of suit land of that Title Suit No.179 of 1965 and plaintiffs of that......e Subordinate Judge against the plaintiff and others. Plaintiff appeared in that suit and filed a written statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ..Category: Property Law | Date: | Hits: 88
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
.... upon entering into possession in the suit land on the basis of a deed and thereafter comes before a Court to get declaration of title by adverse possession in that case he is required to give up his claim on the strength of that deed by which he entered into possession into the suit land and therea......arayanganj, in Title Suit No. 344 of 1994 decreeing the suit. 2. The respondent No. 2 as plaintiff instituted Title Suit No. 344 of 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a furthe......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..Category: Property Law | Date: | Hits: 74
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ollows: The petitioner is a citizen of Bangladesh. He was elected Member of Parliament from two constituencies in Bhola in the general elections held in June, 1996. Anyway, he became the Minister for Commerce and Industries in 1996 and continued to be so till 1998 when the Ministry of Commerce w...... 1996 BLD (AD) 220 = 2 BLC (AD) 78 referred to by Mr. Md. Khurshid Alam Khan, we hold that although permission was accorded to deposit the connected record in respect of the defalcation of Government money to the tune of Taka 30 crore by several importers in collusion with some bank officials in vie..Category: Anti-Corruption Laws | Date: | Hits: 200
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....adesh Gazette dated 24.6.87. Thereafter, the Bangladesh Shilpa Rin Sangstha (BSRS) made its appearance through its learned Advocate Mr. T. Islam on 8.3.89 and Rupali Bank also filed power on 14.11.89 claiming themselves as creditors of the said Company. On 9th August, 1990 after hearing the learned ......Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocate ‑ For former Managing Director. Syed Wali Md. Salehuddin, Advocate ‑ Official Liquidator. AKM Na......secured creditors can realise its debts by adopting other means during pendency of a winding up proceeding if there are no allegations of mala fide, recklessness or fraud against the receiver of sale money. In the present case the allegations of lack of bona fide, recklessness and fraud are apparent..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....rong that they can lead us to the only conclusion that plaintiff No.2 received a further sum as consideration, made endorsement to that effect on the back of the original agreements relinquishing her claim of reconveyance and handed over the documents to the appellant‑defendant. There are wide con......er Appeal No.3 of 1980 reversing the judgment and decree passed by the Munsif, 4th Court, Patiya in Other Suit No.17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 s...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ead bodies of the informant's party along with Abu Mia was found in the house of Matbar Ali would clearly rebut the case of prosecution that occurrence took place at the' 'Bichra' of the informant as claimed. The defence also denied totally the dragging of the dead bodies from 'Bichra' to the house ......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
....predecessor 30 years back. The plaintiff Abdul Motaleb who was not a judgment-debtor did not file any application before the executing Court under Order XXI rule 90 of the Code of Civil Procedure claiming to be in possession of the suit property."
5. Mr. A. J. Mohammad Ali, learned Counsel, a...... of 1990 allowing the appeal granting temporary injunction reversing those dated 08.03.1990 passed by the Senior Assistant Judge, Sadar, Sylhet in Title Suit No.241 of 1989 refusing plaintiffs prayer for temporary injunction.
2. The facts involved in case, in short, are that the plaintiff, Abdu......rder of Trial Court is liable to be restored and accordingly restored.
Accordingly, the appeal is allowed without any order as to costs.
Ed.
This Case is also Reported in: VIII ADC (2011) 302...
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....re of justice to the defendant-respondent; that the petitioner is the wife of deceased plaintiff and she is the legal heir of deceased plaintiff and has not contested the suit by setting up any vital claim and thus, she is legally entitled to proceed with the suit as plaintiff in place of her husban...... that in fact the plaintiff did never execute any such deeds of gift and both the deeds of gift were created by the defendants in collusion with each other and as such, the plaintiff filed the suit for cancellation of both the deeds of gift. 3. The defendant Nos.1 and 8 appearing filed two sepa...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......l No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defendant's property for TK. 14,00,000.00 out of which the defendant received TK. ......in short, are that the there was an agreement between him and the defendant for transfer of defendant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money on condition that the defendant would execute and register the sale deed within six months o..Category: Property Law | Date: | Hits: 112
....ntract it was held that-
"the Test of determining the question is to whether recourse to the contract by which both the parties are bound is necessary for the purpose of determining whether the claim of the respondent firm is justified or otherwise. If it is necessary to take recourse to the t......rt, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement wh......h Clause 13 of the share purchase agreement.
5. Mr. Ajmalul Hussain. Q.C, learned Counsel, for the respondents submitted that the case of IPDC in the Artha Rin Suit is a simple case of recovery of money owed by the appellants and the other Directors to IPDC under Clause 4 of the Buy-Back Agreemen..
Category: Civil Law | Date: | Hits: 78
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
.... covered by the kabuliat and Haran Mondal all along possessed the land during his life time. The kabuliat executed by Takim Mondal was not acted upon and defendant No. 1, son of Takim Mondal does not claim any interest in the suit land on the basis of that kabuliat. As Madhu Mondal requested the lan......ditional Court, Jessore, in Title Appeal No. 6 of 1963 affirming those passed by Mr. Q Sharafat Ali, Munsif 2nd Court, Jessore, in Title Suit No. 23 of 1961. 2. The appellants filed the above suit for declaration of their title and recovery of khas possession in 6.21 acres of land as detailed in ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......lenging the order dated 16.7.76 passed by the Subordinate Judge, Pabna. On 18.9.77 petitioner opposite party filed another Miscellaneous Case under section 96 of the State Acquisition and Tenancy Act for the self‑same land in the Court of Munsif, Serajganj. The learned Munsif on consideration of......eging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. Thereafter, he deposited consideration money together with compensation. 3. The learned Subordinate Judge on consideration of the materi..Category: Property Law | Date: | Hits: 68
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....The dead bodies of the informant's party along with Abu Mia found in the house of Matbar Ali would clearly rebut the case of prosecution that occurrence took place at the 'Bichra' of the informant as claimed. The defence also denied totally the dragging of the dead bodies from 'Bichra' to the house ...... Kasem, Keyamuddin, Kalagazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malek, and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj, in Sessions Case No. 21 of 1987 and have been found...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....ek of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the owner of the same; that she was demanding the house rent from the plainti......udgment and decree dated 31.7.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Tide Suit No. 226 of 1980 decreeing the suit. 2. The respondent instituted the suit on 29.8.80 praying for two declarations simpliciter as follows: "That a decree be passed declaring that the plaintif......f the second‑ii0or of the building from October, 1978 and completed about 50% of the second floor in July, 1980 by taking a loan of Tk. 1,70,800.00 from Bangladesh Shilpa Bank and also with his own money, that he spent in all Tk. 2,56,000.00 for the construction of the second‑floor of the buildi..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... ex parte decree on 16.1.86 in Mortgage Suit No. 32 of 1974 without serving notice upon the defendants of that suit; that the plaintiffs were not impleaded as defendants in that Quit; that the entire claimed amount in the suit was repaid and the same was suppressed from the Court and a fraudulent ex......r Suit No. 32 of 1986 rejecting the plaint. 2. The plaintiff appellants filed Other Suit No. 32 of 1986 in the said Court against the principal defendant respondent No. 1, Rupali Bank and other proforma respondents for declaring the ex‑parte preliminary decree dated 16.1.1986 and final decree d......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....ously.
2. Miscellaneous Case No. 59 of 1981 was filed by defendant petitioner OP No. 1 the Continental Grain Co. (Canada) Ltd. represented by their local agent Maritime Enterprises, Chittagong who claimed to be the Charterer of the vessel in question, namely, MV Regent Ranger. Miscellaneous case ......ir local agent Pragoti Shipping Bangladesh Ltd., Chittagong, who claimed to be the owner of the said vessel MV Regent Ranger. Both the cases were under Order 38, rule 8 of the Code of Civil Procedure for releasing the bank guarantee furnished in the case for releasing the said vessel from the order ......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
....fore the Bank on 31.10.88 for encashment. But again the said cheque was dishonoured and returned with remark "not arranged for".
3. It is also alleged that inspite of repeated requests, reminders, claims, demands and even serving of legal notices twice, the respondent has been unable to pay his l......itioner.
Ozair Faruq, Advocate ‑ For the Respondent.
Matter No. 45 of 1988.
Judgment
Md. Mozammel Haque J. - This is an application under Sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent‑company, namely Singa‑Bangla Garment Manufacturing Company (Pvt......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
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