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Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......vember 24, 1994 of the 2nd Court of Additional District Judge, Dhaka in Title Appeal No.77 of 1993 setting aside the judgment and decree of February 9,1993 of the 1st Court of Subordinate Judge, (now Joint District Judge), Dhaka passed in Title Suit No. 396 of 1976 decreeing the same. The suit was f......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)

....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... Civil Procedure for return of the plaint to the respondent No.1 for filing the same to proper court. The respondent No.1 opposed the above application by filing writ­ten objection. The learned Joint District Judge, after hearing, rejected the above appli­cation holding that the responden......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 101

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ...... provi­sions of Banks Nationalization Order, 1972 (P.O.16 of 1972) and service of the respon­dent was absorbed; that on 14.12.1986 Rupali Bank Limited was formed and incorporated under the Companies Act and by Gazette noti­fication dated 27.12.1986 all the assets and liabilities of t..

Category: Employment/Service Law | Date: | Hits: 136

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

.... the respondent Agrani Bank that he has 20% shareholding in the respondent-Company and agreed to transfer his said shareholding in favour of respondent No.3. Return in Form No. XII was filed with the Registrar of Joint, Stock Company and accordingly in the subse­quent annual returns effective from ......sion with each other omitted the name of the Respondent No.1 from the share-registrar. The Respon­dent No.6, Agrani Bank in their written statement filed in Title Suit No. 87 of 2002 of the Court of Joint District Judge, 5th Court, Dhaka admitted the fact of allotment of 1,24,000 shares and that th......eposit of share money does not prove valid issuance of shares and the said allotment of 1,24,000 shares were not reflected in any of the annual returns of the Company filed with the Register of Joint Stock Company. The decision of the Company Court in the Matter No.120 of 1999 may be re-opened for f......04 is directed against the judgment and order dated 30.06.2001 passed by a Single Bench of the High Court Division in Company Matter No. 109 of 2001 allowing the application un­der section 43 of the Companies Act, 1994 and thereby directing rectification of the Share Register by entering the name o..

Category: Business or Commercial Law | Date: | Hits: 109

A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)

....Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..

Category: Civil Law | Date: | Hits: 116

Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)

....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ...... Bench of the High Court Division in Civil Revision No.3560 of 1993 making absolute the Rule obtained against the judgment and decree dated November 17,1993 of the 1st Court of Subordinate Judge (now Joint District Judge), Barisal in Title Appeal No.67 of 1985 allowing the same and thereby dismissin......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..

Category: Property Law | Date: | Hits: 53

Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......le Bench of the High Court Division in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for decla­ration that the soleh decree passed in Title Appeal No......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......sed by a Division Bench of the High Court Division in First Appeal No. 70 of 2004 dismissing the appeal. 2. The petitioner as plaintiff instituted Title Suit No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong stating, inter-alia, that the plaintiff is an industri......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......oner as plaintiff instituted Title Suit No. 214 of 2003 in the Court of Joint District Judge, 2nd Court, Chittagong stating, inter-alia, that the plaintiff is an industriel establishment under the Companies Act and he is engaged in the business of importing crude palm online and refining it the..

Category: Business or Commercial Law | Date: | Hits: 121

Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)

....ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......n Nos. 614 and 615 of 1998. The Miscellaneous Appeal No.13 of 1987 (by the pre-emptee) were filed against the judgment and order dated January 27, 1987 of the Court of Subordinate Judge (now Court of Joint District Judge) Patuakhali in Miscellaneous Case No. 27 of 1983. The trial Court by the afores......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been grant­ed on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..

Category: Property Law | Date: | Hits: 35

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

.... writ petition stating, inter alia, that in order to form a regular Managing committee of Nesarabad Mojaddidia Islamia Dakhil Madrasha hereinafter referred to as the Madrasha the respondent No. 2 Registrar, Bangladesh Madrasha Education Board by office order dated 28.04.2002 formed an ad-hoc co...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Constitutional Law | Date: | Hits: 139

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

....hammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-opera­tive Office, Rajshahi and others......Respondents Judgmen...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-opera­tive Office, Rajshahi and others......Respondents J......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......e fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..

Category: Constitutional Law | Date: | Hits: 162

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......ll, hold, preserve, warehousing and exhibit of products under the trade name "Hunter" and "Crown". It was stated in the writ petition that respondent No.1 a private limited company incorporated under Companies Act, 1994, in short the company, carries on business, inter alia, of manufacturing and mar..

Category: Criminal Law | Date: | Hits: 76

Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)

....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......Bench of the High Court Division in Civil Revision No. 3436 of 1993 making the Rule absolute upon reversing the judg­ment and decree dated 16.9.1993 passed by the learned Subordinate Judge (now Joint District Judge), Chandpur in Title Appeal No. 66 of 1990 by which the judgment and decree dat......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited docu­ments in the suit are to be included. Ed. ..

Category: Property Law | Date: | Hits: 30

Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)

....mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a cor­rect decision. Accordingly, the petition is dismissed. Ed. ......t Division in Civil Revision No.4300 of 2002 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a cor­rect decision. Accordingly, the petition is dismissed. Ed. ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a cor­rect decision. Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

....e Isamuddin had been owning and possessing the suit land he died leaving behind defendants. In absence of original deed defendants collected a certifi­cate, that the balam book kept in the Sub-Registrar Office has been burnt; that the plain­tiffs have no deed in respect of suit property,......to handover posses­sion of kha schedule land in favour of the plaintiffs within 45 days from date. Against which the defendants filed Title Appeal No.74 of 1999 and the appeal was heard by the Joint district judge, Second Court, Gazipur, who by allowing the appeal by his judgment and decree ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..

Category: Property Law | Date: | Hits: 32

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..

Category: Employment/Service Law | Date: | Hits: 86

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......f Additional District Judge, Dhaka in Title Appeal No. 144 of 1998 dismissing the same and thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 40

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......he High Court Division in First Miscellaneous Appeal No. 313 of 1981 allowing the same upon setting aside the judgment and order dated September 23, 1980 of the 1st Court of Subordinate Judge (now Joint District Judge), Barisal in Miscellaneous Case No.36 of 1979 dismissing the same. The Miscell...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 112

Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)

....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 46