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Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......etitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: The Rule is made absolute without any order as to cost. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) Whether the provisions of...... and decree dated 9-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against the petitioner. Consequently, all steps were taken to sell the mortgaged property in auction but with no effect. Then, on 6-10-2005 at the instance of the..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....oint Stock Companies under the Company Act 1913. This company has purchased a
denationalized and privatized industry namely, Kuliarchar Ground Nut Mills Ltd.
at a price of Taka 1,24,00,000 under an agreement dated 18-6-2007 executed by
and between the government and the company Later 400 shares o......
Court Division
(Special
Original Jurisdiction)
Present:
AFM
Abdur Rahman J
SM
Emdadul Hoque J
AKM Kamruzzaman Khan …………Petitioner
Vs.
Registrar, Joint Stock Companies and Firms
Dhaka and 6 others …………Respondents
Judgment
August 12, 2......the Board of
Directors of the Company dated 1-4-1995 which was further approved by the
respondent No. 7 Government of Bangladesh represented by the Secretary,
Ministry of Industry as they were the seller of the denationalized and
privatized enterprise Ms. Kuliarchar Ground Nut Mills Limited. The..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
.... No.1 and handed over possession accordingly and B.S. Khatian has been published in his name. The plaintiff also purchased .37 decimals of land from the said Zafar Ahmed and entered into an agreement with the defendant No.1 in order to develop the land after cutting hill and the plaintiff ......-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
Result:
The Rule is made absolute.
Cases Referred to-
Md. Afazuddin Vs. Moyezuddin Shaikh being dead his heirs Tahejuddin Shaikand and others, 5 ...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Md. Mafizur Rahman Tutu and others Vs. State, 2008, 37 CLC (HCD)
....d by the learned counsel for the petitioners. We have gone through the decisions of the case reported in 1985 BLD (AD) 278, as referred by the learned Counsel for the petitioner. We are in respectful agreement with principles enunciated therein, but the facts leading to that case is quite distinguis......Narcotics Control Act, 1990 (Act No. 20 of 1990); section 22(ga) The offences prescribed under the Narcotics Control Act, 1990 are cognizable offence and therefore, the Police has the wide power to investigate the offences under the Act in view of the provisions laid down in Chapter XIV of Part......ance with law. Office is directed to communicate the order at once. Md. Abdul Quddus J.-I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 78, 29 BLD (HCD) (2009) 30. ..Category: Criminal Law | Date: 31 Jul, 2008 | Hits: 92
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....fter the Government of Bangladesh Vide Settlement Case No.7 of 1973-74 settled the land of Schedule-3 in favour of the predecessor of the plaintiffs without receiving any salami. Subsequently an agreement was executed and registered in between the plaintiff’s predecessor and the Gove......ellip;…………………………Opposite Parties Judgment July 30, 2008. Result: The Rule is discharged. Cases Referred to- Fatema Khatun Vs. Faizal Mia, 21 B.L.D.(H.C) 14; Khurshid Ali and others Vs. Noorjahan Bewa......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....d or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, necessary for disposal of this revision are that a dispute having been arisen out of two agreements dated 30.10.1991 entered into between the petitioner and the opposite party an arbit......hellip;……………………….Opposite Party Judgment July 13, 2008. Result: The Rule is made absolute. Case Referred to- Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers In......the promotion, formation, establishment and registration of the company, to purchase or otherwise acquire for the company any property, right or privileges which the company is authorised and to sell or otherwise dispose of absolutely or conditionally any part of the property, to pay for any bo..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....ppointed by the Court and the trial Court must ensure that it has been done before the commencement of the trial and failing which the resultant conviction and sentence would be vitiated. 81. In agreement with the principles of law laid down above and in consonance with section 340 of the Code ......ility of extra-judicial confession, the Court will consider- (i) The circumstances in which the extra-judicial confession is made; (ii) The manner in which it is made; (iii) The person to whom it is made along with the rules of caution………………&h......here under to suffer rigorous imprisonment for life. 2. Prosecution case, in short, is that Afazuddin, the father of the informant, used to purchase ponds to rear fish in those ponds and used to sell the fish; that the accused Hannan, Ashabuddin alias Ashad and Baten were the employees of the d..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on the basis of a registered deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the suit land written by the selfsame deed writer within 3 years on repayment ......…………….Petitioners Vs. Md. Saidul Hoque & another.............Opposite Parties Judgment June 19, 2008. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Saifur Rahman, Advocate — For the Petitioner. Md. Ba...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
Shafiqul Islam (Md.) and others Vs. State, 2008, 37 CLC (HCD)
....re holding of the TI Parade and it was possible for the witnesses to see him in Court. The identification of the accused is, therefore, found to be unreliable." 10. We are in respectful agreement with the aforesaid view. Therefore, we are inclined to enlarge the petitioner Nos. 2 and.......................Accused-Petitioners Vs. State………….......Opposite Party Judgment June 19, 2008. Result: The Rule is made absolute in part. Case Referred to- Angur Vs. State, 1989 BLD 485 = 41 DLR 66. Lawyers Involved: Md. Shakhawat Hoss......hey misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 915. ..Category: Criminal Law | Date: 19 Jun, 2008 | Hits: 2
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....decree, so far it relates to the petitioner-bank, is without lawful authority and is of no legal effect. 8. Thirdly, he submits that admittedly the petitioner was not a party to the tripartite agreement, hence it had no knowledge of the said agreement which is not registered nor the said agr...... Artha Rin Adalat since there being specific provision in the statute for filing appeal against such judgment and decree passed…………………………….(20) Where an alternative statutory remedy is available, an application under Article 102 of the Constitution may not be entertain......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
....ad, Baridhara Dhaka, where other family members including the parents and brother of the husband also lived. The plaintiff gave birth to a girl child on 24.9.2002 named Radyna Karim. Thereafter disagreement, mistrust and suspicion cropped up in between the plaintiff and her husband and the same ...... The Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985); section 16A Condition precedent for invoking section 16A Section 16A of the Ordinance has empowered the family court to exercise discretion in respect of passing any interim order since the exercise of power under th...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ing the obvious beneficial consequences of adopting the latter viewpoint, it has not been lost on this Court that an overall harmonious interpretation accorded to the two regimes may be more in agreement with the intention of the legislature to introduce the depository regime in this country...........Petitioner (In Matter No.05 of 2008) Vs. United Commercial Bank Ltd., 60 Motijheel Commercial Area, Dhaka represented by Mirza Mohammad Rofiqur Rahman, Secretary, Board of Directors and others...............................................Respondents (In Matter Nos.01, 10 and......% bonus shares recommended for the 23rd AGM would then be 65 shares; (c) Conversely, Mr. Y who was a shareholder of the Bank on 25.9.2005, and ceased to be a shareholder of the Bank on 1.8.2007 by selling his 100 Bank shares to aforesaid Mr. X. Mr. Y was not entitled to attend the AGM on 9.9.2..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....4.2008. On query, the petitioner came to know that notices under sections 3, 4, 5 and 6 of the Ordinance were not issued/served upon the petitioner in L.A. Case No.01/2007-2008. Without executing any agreement according to section 15(1) of the Ordinance, the L.A case was started. Notices under secti...... Vs. Government of Bangladesh and others............Respondents Judgment June 12, 2008. Result: Writ Petition No.1448 of 2008 and 3071 are disposed of. Cases Referred to- M. A. Salam Vs. Government of the People's Republic of Bangladesh represented by the Se......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....82 as well, but if the allegations contain the ingredients under the Penal Code, the complainant's case before the Magistrate cannot be stifled by quashing." 13. We are in respectful agreement with the aforesaid decision. 14. We have gone through the decision reported in 44 DL...... the promise of sending someone abroad on employment, the allegation prima facie attracts the mischief of the Penal Code. The Special Court under The Emigration Ordinance, 1982 is not authorised to try any offence either under section 406 or under section 420 of the Penal Code far less exclu......w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. .........Convict-Appellant Vs. State.......................................................Respondent Judgment June 4, 2008. Result: The appeal is allowed. Case Referred to- Md. Amir Hossain Vs. State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahman, Ad......ss of the maximum quantity of what is allowed to be held in a stock or storage. He adds that at that time, price of each liter kerosene and diesel was at Taka 33 but he heard that the accused used to sell it at the rate of Taka 80. He denied the suggestion that the accused Mannan did not hoard the s..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e………………………………………………………………………………..Respondent Judgment June 4, 2008. Result: The Appeal is allowed. Case Referred to- Md. Amir Hossain Vs. The State, 28 DLR 371. Lawyers Involved: Syed Mizanur Rahma...... the maximum quantity of that thing allowed to be held in a stock or storage. He adds that at that time, price of each liter kerosene and diesel was at Tk.33/- but he heard that the accused used to sell it at the rate of Tk.80/-. He denied the suggestion that the accused Mannan did not hoard the ..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....e accused No.2 delivered the form to the Company. The value of each truck was decided at a consideration of Tk. 13,95,000/- with a total sum of Tk.69,75,000/-. Accordingly on 29-05-2000, a tripartite agreement was signed between the accused No.1, Nitol, Motor Co. and Premier Bank, wherein the Bank s......………Complainant opposite party 2. The State……………………………….Opposite party Judgment May 18, 2008. Result: The Rule is discharged. Cases Referred to- Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Haq and another, 43 DLR (AD) 173; Rahela Khatun Vs....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....lization of the arrear rent. In the same court Rasheda Begum also filed House Rent Case No.598 of 1959 for eviction of her tenant. Doctor Manjurul Haque @ Ali Ahmed created two forged registered agreements on 16.11.59 being No.6904 and 6905 by forging the signature of Rasheda Begum. On the said......itle Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for declaration of title to the suit land on the averments, interalia, that the land of C.S. khatian No.241 being plot No.390......s obtained a fraudulent decree on 15.11.79 in Title Suit No.62 of 1979 of the Court of Subordinate Judge, 3rd Court, Dhaka. On further query the plaintiffs came to know that a so-called bainapatra to sell the suit property allegedly entered into by one Rasheda Begum, wife of Salimuddin of 321, Lalba..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Abdul Alim @ Chutta and another Vs. State, 2008, 37 CLC (HCD)
.... prosecution witness and those who have booked him or are trying to book him." 13. The aforesaid views have also been reiterated in many decisions of our Country. We are also in respectful agreement with the aforesaid views. 14. On critical analysis of the applications for cancellat......………Accused petitioners Vs. The State……………………………Opposite party Judgment May 13, 2008. Result: The Rule is made absolute. Cases Referred to- Harun Howlader Vs. The State, 36 DLR 21; The Public Prosecutor Vs. George Williams alias V......ody if they misuse the privilege of bail in any manner whatsoever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 476. ..Category: Criminal Law | Date: 13 May, 2008 | Hits: 9
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....Artha Rin Adalat Ain. Moreover, it is disclosed from the fact as stated in the plaint that Money Suit No.14 of 2002 is related to the banking transaction, the petitioner-company has entered into an agreement with the respondent-bank by executing D.P. note on 16.03.98 for repayment of loan. ......etitioner. M. Saleem Ullah, Advocate-For the Respondent Nos.1-2. Writ Petition No.4603 of 2003 Judgment Sheikh Abdul Awal J.- In this Rule Nisi the respondents were called upon to show cause as to why Order No.11 dated 31.05.2003 passed by the respondent No.3, Artha Rin Adala......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
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