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Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ......ormalities he further requested to defendant Nos. 1 and 2 for executing deed of agreement but they failed to do so. Thereafter, he came to learn that defendant No. 1 was trying to mortgage the entire property including his apartment to the Bank for the purpose of loan. Thereafter, he approached to t..Category: Business or Commercial Law | Date: | Hits: 208
Category: Others | Date: | Hits: 72
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
.... No. 2 and the petitioner and as per Clause 3 of the agreement dated 13-11-89 the respondent No. 2 being the Chairman and the Managing Director of the respondent No.1 company shall remain responsible personally to re-pay the loan. Further, as per agreement dated 13-11-89 the petitioner was assured t......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..Category: Company Law | Date: | Hits: 239
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ...... 2. The relevant facts, in short, are that the opposite party No. 3 (hereinafter called the plaintiff) as plaintiffs instituted partition suit No. 89 of 1996 praying for saham of ¼ share in the suit property according to partition deed No. 160 dated 23-12-Â1958. It is contended that on the basis o..Category: Property Law | Date: | Hits: 42
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....solute and the delay of 4132 days in filing the appeal be condoned. The office is directed to register the appeal in accordance with law. Ed. This Case is also Reported in: 59 DLR (2007) 7. ......May, 1992 and June, 2005. The learned Advocate for the petitioner further submits that no notice or summons was served or received by the accused petitioner and no warrant of arrest and attachment of property was executed against the appellant and no proclamation was published giving notice to the a..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ......rge against the accused Alhaj Abul Kashem is under section 420 of the Penal Code. 24. Section 420 of the Penal Code runs thus: Section 420. Cheating and dishonestly inducing delivery of property.- Whoever cheats and thereby dishonestly induces the person deceived to deliver any propert..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ors would have to be scrutinised as to whether they were the honest opinion of the directors acting for the company as a whole. In Re Bede Steam Shipping Co. Ltd. Lord Cozens-Hardly MR said that: the personal objections to a transferee were where the transferee would be quarrelsome person or he woul...... the extent of Taka 44.00 lac for the said shares, which was twice the face value of the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares vests wholly in the petitioner. It is submitted that the refusal by the compa..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
...., an executive auÂthority." 6. After this observation his Lordship went on to say that District Judge, as used in Article 29(4) of the Ordinance does not mean persona designate i.e. as private or personal capacity but clearly indicates his office i.e. the District Judge of which he is the presid...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22....... 2 namely, Additional Deputy Commissioner Revenue, Dhaka, in charge of Vested Non-Resident Property and the Government of Bangladesh repreÂsented by Deputy Commissioner, Dhaka alleging that the suit property originally belonged to (1) Girish Chandra Mondal and (2) Rup Chand Mondal and while they we..Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
.... set aside. We direct that the conÂdemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11.......he occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyÂment of the property of his father. After the occurÂrence the informant P.W.1 went to the local Police Station ..Category: Criminal Law | Date: | Hits: 42
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ......minal breach of trust is provided in secÂtion 406 of the Penal Code. To establish a charge under section 405 of the Penal Code the prosecution must prove not only entrustment of or dominion over the property but it must also prove that the acÂcused has dishonestly misappropriated or converted to h..Category: Criminal Law | Date: | Hits: 37
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....ey with or without condition. The reason seems to be fairly simple. In a transaction of loan the loan giver does not retain any control over the loan amount or the property therein and it becomes the personal money of the loanee. The loanee or for that matter his agent cannot be conceived of committ......efined in section 405 Penal Code. For our present purpose we shall refer to the relevant clauses of the said section. The first ingredient of the offence is that there ought to be an entrustment with property or with dominion over property to the accused by the complainant. If there is such entrustm..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36.......urt shall make such order or orders upon the parties as may seem just. He also refers to Rules 58-63 of order 21 C.P.C. regarding investigation of claims to, and objections to attachment of, attached property in execution of a decree. 12. Mr. A.K.M. Shafiqur Rahman the learned Advocate appearing ..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
....e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26.......eclaration that the kabala dated 12th August, 1948 standing in favour of defendant No. 1 was a benami document and also for permanent injunction restraining the defendants from entering into the suit property, damaging the huts and dispossessing the plaintiffs there from. It was bought by one Ala Mi..Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21....... of execution of the kabuliyat i.e. on 2.7.55 in view of the petition filed by the appellant on 4.2.58, Ext. A(1) wherein the appellant himself stated that the Government enjoyed the usufructs of the property for the 23 years namely, from 1955-56 to 1957-58. So considering all these materials on rec..Category: Property Law | Date: | Hits: 36
Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)
....d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ......o either or survivor, does not, on his death, constitute a gift by him to the latter. In that decision it has been held that on his death the amount in deposit is payable to his heirs as his absolute property and we have also before us the case of Guran Ditta and another Vs. T Ram Ditta, reported in..Category: Banking Law | Date: | Hits: 122
Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ......sion Bench of this Court inter alia, held that in view of the provision of section 45 of the Forest Act it is quite clear that the drifted timber coming through the river waters from India became the property of the Government Bangladesh and had vested with its Forest Department. It is further obser..Category: Fiscal/Taxation Law | Date: | Hits: 86
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ng shall not (i) refer to any matter which is sub judice in a court of law in any part of Bangladesh; (ii)……………………………….. (iii) make any remark which reflects upon the personal conduct of the President or a Judge of the Supreme Court unless the discussion is based on ......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ..Category: Criminal Law | Date: | Hits: 54
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
.... the Rule by filing affidavit-in-opposition denying the allegations made in the original application stating, inter alia, that at the instance of some interested persons with a view to feed fat their personal grudge this respondent No.4 has been implicated upon some misrepresentation of fact for the......to people to enforce their human rights guaranteed by the Constitution and to uphold the supremacy of the Constitution and rule of law including taking action in the public interest to protect public property and rights, as envisaged by the law and the Constitution. Meanwhile during last three years..Category: Criminal Law | Date: | Hits: 106
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....4. The case, as has been made out by the petitioner is that the impugned action of the respondents is without lawful authority inasmuch as it is in violation of the prisoner’s fundamental rights to personal liberty and to a speedy trial as guaranteed by Articles 31, 32 and 35(3) of the Constitutio......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11...Category: Criminal Law | Date: | Hits: 45