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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. ......ce was separated whereupon he remained the Minister for Industries till 15th July, 2001. Thereafter the Parliament stood dissolved and a Caretaker Government took over the reins of the Government for holding the next general election. He is an eminent political leader of this country. He participate..Category: Anti-Corruption Laws | Date: | Hits: 200
....ere not sufficient to record its name in the record of rights and that at the time when the said record‑of‑right was prepared the other parties including the respondents had got possession in the disputed lands.
In the result, we find no substance in this writ petition. The rule is accordingl......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 289.
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Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....td. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all. The above company was wound up by an order of this Court dated 9.8.90 upon the appl......ised its power of sale under Article 34 of the PO 128/72. Since the power was given to BSRS for direct sale of the mortgaged property and since the BSRS exercised that power there is no illegality in holding the aforesaid sale. 9. In this regard Mr. Khondker Mahbubuddin Ahmed submits that applic..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... and did not consider the evidence given by the plaintiffs regarding the custody of the original agreements in the hand of the defendant No.1. He further submitted that it is hazardous to compare the disputed handwriting or signature by the Court though the Court is authorised under the provisions o...... 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
....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.......possession of the suit land. The Assistant Judge as it appears did not consider this fact of possession of the plaintiff over the suit land and rejected the plaintiffs prayer for temporary injunction holding that the plaintiff has filed this suit after 27 years of the decree of Title Suit No.34 of 1..
Category: Property Law | Date: | Hits: 65
....atter was required to be resolved by arbitration in accordance with Clause 13 of the share purchase agreement.
4. Mr. Abdur Razzak, learned Counsel, appearing for the appellants submitted that the disputed between the parties arising out of the buy-back agreement was required to be resolved by ar......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
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Category: Civil Law | Date: | Hits: 78
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......atuatuly, Dhaka, belonged to one Begum Jahura Hossain, whose name was recorded as such in the Holding Register of the Municipal Corporation. By 5 registered deeds of sale dated 25.2.78, the aforesaid holdings were transferred to informant Alfazuddin and his 4 brothers and possession of the same was ..Category: Criminal Law | Date: | Hits: 83
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....at Chatterjee landlords were in khas possession, in any part of the suit land. The genuineness of the kabuliat Exts. 1 and 1 (a) and the auction sale and the subsequent kabalas Exts. 3 and 4, are not disputed. The learned Subordinate Judge is of opinion that as the plaintiffs failed to prove khas po......land under the landlord Chatterjee Babu at the rent of Tk. 50.00 as recorded in khatian 243 of the suit mouza. The further case of the plaintiffs is that Haran Mondal and Madhu Mondal surrendered the holding in favour of the landlord and Madhu Mondal and Takim Mondal took fresh lease of the suit lan..Category: Property Law | Date: | Hits: 70
Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)
....tion 96 of the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, 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. The......f the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, 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, ..Category: Property Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
.... (Madras) 456 arose out of a suit for recovery of possession and for removal of the wall from the suit land but it was dismissed on the ground that the plaintiff acquiesced in raising the wall in the disputed land. The next case referred to by Mr. Ahmed is reported in AIR 1967 (Cal) 204 which arose ......ilding standing in the 'A' Schedule land together with iron grills, net and protection, modem electric and sanitary fittings and fixtures, water and sewerage lines, etc. bearing Municipal Corporation holding No. 164/1, Elephant Road, Dhaka. 3. The ground‑floor of the three‑storied building co..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....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. ......undervalued but not also properly stamped. 5. The learned Subordinate Judge and Commercial Court after hearing both the parties by the impugned judgment and order dated 21.7.87 rejected the plaint holding that the plaintiffs have no locus standi to bring the suit and that the plaint is not also e..Category: Procedural Law | Date: | Hits: 67
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....he order of the Magistrate. So the Special Tribunal has not been provided with any jurisdiction to take cognizance of or to try offence under 156(1)(8) of the Customs Act. This position of law is not disputed. 6. Similarly, section 26 of the Special Powers Act provides that the offences under the......n that consideration a re‑trial should not be ordered. 21. It is no doubt a misfortune of the appellant that he has been tried and convicted by a Special Tribunal without jurisdiction because of holding the trial of scheduled and non‑scheduled offences together due to ignorance or oversight o..Category: Criminal Law | Date: | Hits: 52
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......spective points of views which, according to them, are congenial for fair play and growth of the process of democracy for giving it an institutional shape. Article 48 of the Constitution provides for holding election of the President of Bangladesh according to law by direct election and the Election..
Category: Constitutional Law | Date: | Hits: 229
....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.
......pany may be wound up by the Court.‑ (i) if the company has by special resolution resolved that the company be wound up by the Court ;
(ii) if default is made in filing the statutory report or in holding the statutory meetings;
(iii) if the company does not commence its business within a year..
Category: Company Law | Date: | Hits: 190
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......nd ineffective and for recovery of possession. The defendants objection to the valuation given by the plaintiffs in the plaint computing the valuation on the consideration of the kabalas was rejected holding the valuation to be correct. In that case it was held no enquiry is called for to determine ..Category: Civil Law | Date: | Hits: 94
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
.... per schedule by the Election Commissioner and all steps taken thereafter till the election result is declared is an integral part of the whole election. The acceptance of a nomination paper which is disputed is thus, not a pre‑election dispute but an election dispute and can be agitated before th......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..Category: Election Law | Date: | Hits: 156
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....tal, who deposed to prove the post‑mortem report. Out of these 12 witnesses, PW 6 Dhanu Miah, PW 8 Jilu Miah and PW 9 Siddiqur Rahman were tendered. 17. In this case, murder of the victim is not disputed. Question is whether the appellants are responsible for this murder or they had any complic......n the charge‑sheet. 36. PW 12 Dr. Abdul Hannan Khan was the RMO of Netrokona Hospital. He stated that the post‑mortem report of the dead body of deceased Nur Mia was prepared on 20.11.84 after holding Post-mortem examination by former Medical Officer Doctor Sunil Kumar Sarker of Netrokona Mod..Category: Criminal Law | Date: | Hits: 82
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
....on inadmissible evidence, Ext. 7, the written statement filed by the Government in Title Suit No. 63 of 1976 found that the Government admitted the lease of the plaintiffs and their possession in the disputed land. In repelling this contention Mr. Ruhul Amin appearing for the opposite parties conten......ssion in the suit land on the basis of the lease the Additional Deputy Commissioner (Rev.) legally cancelled the lease by his order dated 15.8.85. 4. The learned Assistant Judge dismissed the suit holding that the Additional Deputy commissioner legally passed the order Dated 15.8.1985. 5. The ..Category: Property Law | Date: | Hits: 72
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....ose dated 28.8.67 passed by the learned Munsif, Sunamgonj, Sylhet in Title Suit No. 43 of 1966. 2. The present respondent as plaintiff instituted the above suit for declaration of his title in the disputed land described in the second schedule of the plaint. Plaintiff’s case is, inter alia, tha......and also the evidence and other materials on record. The learned Assistant Attorney‑General on behalf of the appellant firstly contended that the lower appellate Court committed error of law in not holding that the suit suffers from vagueness of the description of the suit land about which the tri..Category: Property Law | Date: | Hits: 101
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....xecution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies from such order of the Executing Court. 2.......lance consideration money from the petitioner on 27.7.1981 and delivered possession of the building to the petitioner alone. Thereafter the executing Court on 22.4.1982 disposed of the execution case holding that the decree is fully satisfied and to proceed with the execution case will be abuse of t..Category: Procedural Law | Date: | Hits: 81
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