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Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....office of the company of which two brothers are in fact the owners. In such a case non production of scripts will not debar the transferee from getting his name registered in the company as its share holder. When there is no dispute as to a person being, or having ceased to be a member, the sum......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....espondent No.1 as the respondent. At the beginning 5 brothers namely, appellant Tamizul Hoque, respondent Shamsul Hoque, Azizul Hoque, Anwarul Hoque and Moktarul Hoque were the only Directors‑Share holders of each of the Companies. After some time the last mentioned two brothers died whereupon the......onsideration money. Appellant said he paid the consideration money to his brother, but when asked whether the paid the consideration involving a huge of amount of money - Tk. 4.45 lac - in cash or in cheque, be said he could not remember. He also could not say from where the collected the money, whe..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... that in case, the sale document cannot be executed and registered, he would refund Taka 14 lakhs instead of Taka 12 lakhs and that he did not fulfill the said agreement and contrarily issued a false cheque for Taka 2 lakhs which was dishonoured. Even if, following the FIR that there were alleg..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)

....attachment order and prayed for vacating it. This was refused by the trial Court in Miscellaneous Judicial Case No.1 of 1984. On 29th March 1984 the suit was decreed ex-parte and the plaintiff decree-holder filed Money Exe­cution Case No. 56 of 1984. 4. Since the trial Court dismissed the Misc...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14.   ..

Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252

Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)

....li­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105.         ......pposite party in order to escape the liability resorted to harass the peti­tioner by instituting the criminal case No.572A of 1981 under section 420 of the Penal Code alleging that two post dated cheques for total amount of Tk. 1,01560/30 have been dishonored payment by the peti­tioner's..

Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1

Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)

.... State Acquisition and Tenancy Act, 1950 (XXVIII of 1951) When the suit land has been transferred to the appellants who are co-sharers of the vender in the tenancy by purchase, a contiguous land-holder has no right of pre-emption ……..(2) Transfer to a co-sharer by inheritance....... The impugned order of the High Court Divi­sion is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..

Category: Property Law | Date: 9 Jul, 1985 | Hits: 40

M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)

....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......he prayer of the Counsel of the appellants and respondents, the Court was surprised to know that the respondent Nos. 2 and 3 have, in order to satisfy the decretal dues of Tk. 11,32,752.52, given a cheque for the sum of Tk. 5,71,067 in favour of respondent No.1, the Sonali Bank, on 29 March 1984 ..

Category: Property Law | Date: 20 Aug, 1984 | Hits: 24

Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)

....he Board of Directors since 1978. The petitioner was never called upon to function as a director. The accounts of the Company have not been properly kept and audited for presentation to the share­holders at any Annual General Meeting and no annual general meeting of the Company has been held sin...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41.         ..

Category: Company Law | Date: 26 Apr, 1984 | Hits: 6

Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)

.... the Respon­dent No.1. First Misc. Appeal No 28 of 1970 with C.R. No. 333 (P.M.) of 1970 And C.R. No.27 (P.M.) of 1975. Judgment Mohammed Habibur Rahman J.—Decree holder appellant Priyatosh Talukdar has preferred this appeal against the judgment and order passed ...... are discharged. There will be no order as to costs. Syed Mohammad Ali J.—I agree.  Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 153     ..

Category: Property Law | Date: 4 Mar, 1984 | Hits: 4

Jaharunnessa Vs. Safed Ali Bepary and others, 1984, 13 CLC (HCD)

....ns, then he cannot be heard on those points in the appellate Court. 6. In the case reported in (1963) 15 DLR 99 = PLD 1963 Dac 987 an order was passed by the executing Court directing the decree-holder to take further steps, but the order was not shown to the learned Advocate concerned. In that......the matter expeditiously. There will be no order as to costs in this appeal. Send down the records immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 253   ..

Category: Property Law | Date: 24 Feb, 1984 | Hits: 2

Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)

....y;sal of the present application for temporary injunction. 4. The petitioners have filed a rather brief application for injunction. It has been stated that all the four petitioners are share­holders of the respondent No.1 Company which was incorporated in 1964 with an au­thorised share ......ting held on or before 31.12.1983 shall be deemed to have been duly held 19th annual general meeting of the company. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309   ..

Category: Company Law | Date: 24 Nov, 1983 | Hits: 4

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

....rtificate is never the final adjudi­cation of the question as to who are the next heirs and as such entitled to the estate. A certificate, when granted by a court, would only give the certificate holder the legal autho­rity to collect the debt. He or she would be bound by law to dispose of t...... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....ed was made, the District Judge, the pleaders of the parties, as well as the parties themselves, were not aware of the existence of 8, 12, Act of 1920; on account of this ignorance of law. the decree-holder's application was not entertained by the District judge and consequently this is an error......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed. Ed. This Case is also reported in: 35 DLR (AD) (1983) 203. ......nt of which withdrawal of money is sought, (ii) What will be the manner of certification of bills, (iii) Whether petitioner No. 1 can be said to have refused to subscribe his signature in a cheque when no cheque along with certificated bills is placed before him and (iv) who is to dec..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

.... the sole test or conclusive evidence that the document in question was a lease and not a license. In support of the proposition, he relied on the observations "the fact, therefore, that a stall holder has exclusive possession of the stall is not conclusive evidence of his being a lessee".......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....ents Nos. 1 and 7 to 9 ceased to be members of the Company. The company informed on 27-5-80 the Registrar of Joint Stock Companies respondent No.2, that respondent Nos. 1 and 7 had ceased to be share-holders on 23rd April. 1980 and they also ceased to be the Directors of the Company and petitioner N......d. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdrawn. MA. Muktadir failed to pay respondent No. 1 an amount of Tk. 2737/07 paisa as his cheque dated 234-80 for the said amount was dishonoured on 2-6-1980. By a separate resolution on 9-3..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)

....declaration of title and recovery of khas possession. The suit was decreed ex parte on 15-8-77. Thereafter in an execution case the court delivered possession of the suit land in favour of the decree holder on 9-10-77. On 2-11-77 an application under order 9 rule 13 of the code of civil procedure wa......ds expeditiously. The connected Rule for stay of further pro­ceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37.   ..

Category: Property Law | Date: 2 Mar, 1982 | Hits: 2

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

....nt are defined in sub-sections (2) and (3) of section 3 of the Non-Agricultural Tenancy Act : "(2) "Tenant" means a person who has acquired from a proprietor or a tenure-holder a right to hold non-agricultural land for any of the purposes provided in this Act, and inclu...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Kazi Habibul Awal Vs. Bangladesh Bar Council, 1981, 10 CLC (HCD)

....ion. He has disclosed therein, that the Bar Council in its meeting held on 31-1-81 took a decision in the matter which is as foll­ows:- "considered the representation of 27 LL.M. Degree holders of the Dacca Uni­versity for permission to practice before the High Court Division of th......­sons referred to hereinbefore, accede to his prayer. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 58. ..

Category: Administrative Law | Date: 17 Nov, 1981 | Hits: 1

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......esolution of the Kushtia District Peace Committee opening the Account of the said Committee. He has proved the signature of the accused marked 'Z' for identification in the said resolution. A cheque marked Ext. 6 was presented to the Bank under joint signatures of the accused as Chairman, Di..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1