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Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)
....TR No.149 of 1992) framing charge under section 493 of the Penal Code against the petitioner. 2. Facts, in brief, are that the petitioner cohabitÂed with the prosecutrix deceitfully her belief of lawÂful marriage, thereby committed the offence under section 493, of the Penal Code. Eventually, c....... Eventually, charge under section 493 of the Penal Code was framed against the petitioner. The case is now pending for trial. 3. Feeling aggrieved the petitioner preferred the instant application and obtained the present Rule. 4. No one appears to support the Rule, although the Rule appears i......rty No.1. None appears - For the Opposite Party No.2 Criminal Revision No.1163 of 1993. Judgment Syed Md. Ziaul Karim J. - By this Rule, the accused-petitioner seeks quashing of the order dated 21-6-1993 passed by learned Additional District Magistrate, Dinajpur, in Case No.9-C of ..Category: Criminal Law | Date: | Hits: 126
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....sed further that Nazar Ali had no saleable interest at the time when he had entered into the said two contracts for sale in favour of Jahanara, therefore, the same is not at all enforceable under the law. It is also submitted by Mr. Moshiul Alam that the instant suit is also hit by secÂtion 17 of t......is also Reported in: 64 DLR (HCD) (2012) 384. ......d land they have already applied before the proper authority but the authority was not in a position to make over possesÂsion of the remaining part of the land leased out in their favour owing to an order of injunction granted by the Court, therefore, defendant Nos.8-10 prayed for dismissal of the ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....e. Mr. PC. Guha, learned Advocate appearing for the petitioners assailed the decision on various grounds. It is first contended that the learÂned Additional District Judge has misdirected himself in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstan...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD).......elf in law in taking the view that Article 14 of the Limitation Act shall apply to the facts and circumstances of the case. According to him, Article 14 has application to a suit for setting aside an order and it has no applicabiÂlity to a suit for declaration. He has, therefore, submitted that the..Category: Property Law | Date: | Hits: 64
....fter vested and non-resident property. Bimala Bala Nath or Kalipada Nath and Sudhir Kumar Nath did not transfer any land to the plaintiffs and the sale deeds produced by them were forged. They had no lawful possession in the suit land and that the suit was not maintainable.
On the aforesaid plead......ed in:
...... its form; whether it was barred by limitation; whether the plaintiffs had any right, title and possession over the suit land; and whether they were entitled to get any relief as prayed for.
4. In order to prove their case the plaintiffs examined three witnesses including plaintiff No.1 Samir Kum..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....ow cause as to why Order dated 17-5-2006 passed by the First Court of Settlement, Dhaka in Case No.362 of 1989 dismissing the case for non prosecution should not be declared to have been made without lawful authority and is of no legal effect. 2. Thirteen petitioners in the instant Writ PetiÂtio......Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
.... Memorandum or Articles can be amended by altering the Memorandum and Articles. Courts approval has to be obtained if particular amendment requires such approval from the Court under any provision of law. 12. In the case of Scott Vs. Scott (Frank F.) (London) Ltd. 1940 Ch. 794. (1940) 3 All ER 50......59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director of Tropical Homes Limited, a private limited company, registered and incorporated under the Companies Act, 1994 on 21st April, 1996 under certificate of incorporatio......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
....intiffs have preferred this appeal. Mr. K.A. Bakr, the learned Advocate, appearing for the plaintiffs submits that the plaintiffs had a prima facie case and the learned Subordinate Judge has erred in law in taking the view that plaintiffs had no prima facie case. He further submits that the learned ......ppellate Jurisdiction)
Present:
Chowdhury ATM Masud J
Md. Altaf Hossain J
Jupiter Glass IndusÂtries Ltd. & others……………………Appellants
Vs.
Titas Gas TransmisÂsion and Distribution Co. Ltd. & another……………………Respondent
Judgment
January 22,......
Mohammadullah - For respondent No.1.
Appeal from Original Older No.381 of 1980 with Civil Rule No.815 (FM) of 1980.
Judgment
Md. Altaf Hossain J.- This appeal is directed against an order dated 10.6.80 passed by the learned Subordinate Judge, 1st Court, Dacca, in Title Suit No.664 ..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....ional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferr...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mir Niaz Mohammad……………………Petitioner Vs. Additional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rul......thout lawful authority and is of no legal effect and why the said impugned Judgment and decree dated 13-9-1999 should not be set aside so far it relates to the petitioner and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts of the case need no..Category: Procedural Law | Date: | Hits: 114
....ppearing for the appellant in the course of argument after placing the entire order sheets of the executing Court and other materials on record submits that the executing Court under misconception of law and facts most illegally rejected the highest bidder's application (appellant) for one month tim......Appellate Jurisdiction)
Present:
Sheikh Abdul Awal J
M. Moazzam Husain J
Awlad Hossain………………………Appellant
Vs.
Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others………………………Respondents
Judgment
April 29, 2010.
Result:
The ap...... The Artha Rin Adalat on several occasions fixed date for auction sale of the mortgaged property but due to various reasons the property could not be sold in auction and ultimately, the Adalat by its order No.87 dated 25.2.2003 fixed 20.4.2003 for auction sale of the mortgaged property and on that d..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34....... Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.347 of..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... and 760 of 1993 with Writ Petition Nos. 762 of 1993, 763 of 1993 and Writ Petition No.764 of 1993. Judgment Md. Mozammel Hoque J.- Since identical questions of facts as well as law are involved in these seven writ petitions, namely, Writ Petition Nos.757/1993, 758/1993, 759/19......This Case is also Reported in:48 DLR (HCD) (1996) 538. ......ion they were compelled to institute a suit namely, Tide Suit No.32 of 1992 for their absorption in the services of the aforesaid college. Annexure‑O(1) is the Judgment of the Court which passed an order stating that the suit was not maintainable and the petitioners ought to have sought relief bef..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....rtha Rin Court. 17. As such Section 27A of Artha Rin Adalat Ain, 1991 reads as follows: "27A. Restrictions on the directors of the debtor-Bank.-Notwithstanding anything conÂtained in any other law for the time being in force, no resignation of any director of a debtor-Bank shall be effective ......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201......e plaintiffs should not be evicted from the suit property of the M/s Combined Food & Cold Storage Ltd. forcefully or illegally etc. At the same time the plaintiffs have also prayed for an interim order to that effect. 5. The defendant No.7 Sonali Bank, Corporate Branch (although the Sonali Ba..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....y authority of the decree-holder-Bank and, as such, order for Civil cusÂtody/warrant of arrest cannot be issued against the petitioners under section 34 of the Ain; that the impugned order is thus unlawful and liable to be struck down. 4. Respondent No.1, the Bank contested the rule by filing an...... This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......- For Petitioners. Md. Imam Hasan - For the Respondent No.1. Writ Petition No.5376 of 2007. Judgment Zinat Ara J.- In this Rule Nisi, the petitioners challenged the legality of the order No.12 dated 27-2-2005 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
.... Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 21-4-......me Court High Court Division (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Setara Begum.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rul......m.......................Petitioner Vs. Al-Arafah Islami Bank Ltd. and others ………………….Respondents Judgment November 20, 2008. Result: The Rule is discharged without any order as to cost. Lawyers Involved: ARM Shahidul Islam, Advocate — For the Petitioner. Ka..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
....f of defendant No.22, no witness was examined, although he prayed for such examination. Now the question calls for our consideration whether the learned Joint District Judge committed any error of law resulting in an error in the decision occasioning failure of justice in passing the impugned ord...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm......posite parties. Civil Revision No.1388 of 2006. Judgment Syed Mohammad Ziaul Karim J.- This Rule, was issued, calling upon the opposite party Nos.1 and 2 to show cause as to why the impugned order dated 17-04-2006 passed by the learned Joint District Judge, Fourth Court, Dhaka, in Title Sui..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
.... Emdadul Huq J.- The dispute in this Civil revision is about ejectment of the opposite parties (defendants) from certain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licen...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ...... the suit for ejectment is not maintainable and that a suit for declaration of title and recovery of khas possession should have been filed. 2. The above issues have arisen out of the Judgment and order dated 19.7.1999 by which the learned Subordinate Judge, 4th Court, Dhaka in Title Appeal No.31..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
.... submits that the learned Judge of the appellate Court below misreading and non-reading the evidence on record passed the impugned Judgment and decree in decreeing the suit thereby committed error of law resulting in an error in the decision occasioning failure of justice and the same should be set ......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... of 1999 reversing the Judgment and decree dated 1.4.1999 passed by the learned Senior Assistant Judge-in-charge, Moheshpur in Title Suit No.145 of 1999 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite p..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
.... (as amended in 2007), submits that, the ACC has not at all accorded any sanction as required by section 32(1) of the ACC Act, which is a pre-requisite for taking cognizance in this case. The learned lawyer, then filing a supplementary affidavit, sworn on 5-7- 2007, drawing our attention to the cert......o show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At......ings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule,..Category: Anti-Corruption Laws | Date: | Hits: 44
Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)
.... this Court and obtained the present Rule. 7. Mr. AHM Ziauddin Ahmed, the learned Counsel appearing for the pre‑emptor‑petitioner, submits that the learned Subordinate Judge seriously erred in law in refusing pre‑emption on the ground of non‑maintainablity of the pre‑emption case under ......at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......‘ For the Petitioners. Santi Ranjan Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No.402 of 1986. Judgment Gour Gopal Saha J.- This Rule calls in question the Judgment and order dated 28‑11‑95 passed by the learned Subordinate Judge, Netrokona in Miscellaneous Appeal ..Category: Property Law | Date: | Hits: 54
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ssion by amending the plaint. It is urged by the learned Advocate that the appellate Court below having held that the suit is barred by section 42 of the Specific Relief Act has committed an error of law occasioning failure of justice. 10. It is noticed that the learned Advocate for the plaintiff...... ......used to do so on 4‑7‑86. Hence, the plaintiff‑petitioner filed the present suit on 2‑9‑86. 3. The plaintiff petitioner also filed an application for temporary injunction on 8‑9‑86 in order to restrain the defendant Nos.1 and 2 from dispossessing the suit land including huts and tree..Category: Civil Law | Date: | Hits: 59
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