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MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)

....ious share transfer forms executed by MAHI (Exhibit- ‘5 series’). It is stated that these share transfer forms were originally submitted to the Company in November 1971 for the purpose of registration of share transfer by the Company, but to no avail. It is asserted that MAI, who was the......o the family members being retained by the Company for safe custody MMI’s shares scrips together with other shares belonging to other members of the family including the Petitioner No. 1 were indeed being so retained by the Company. In this regard, the Petitioner No.1 has produced a letter dat..

Category: Company Law | Date: 4 Dec, 2008 | Hits: 505

Mosammat Kazi Shamsunnahar Vs. Md. Ramjan Molla and others, 2008, 37 CLC (HCD)

....s discharged. The judgments and orders of the courts below are hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 391. ......leque, the learned advocate for the petitioner submitted that both the courts below committed gross illegality in violating the clear provision of law that the properties transferred through exchange deed was non pre-emptable under section 96(10) of the State Acquisition and Tenancy Act, 1950 and as..

Category: Property Law | Date: 20 Nov, 2008 | Hits: 2

Professor Dr. A F M Ruhul Haq and Others Vs. Govt. of Bangladesh & Others, 2008, 37 CLC (HCD) [অধ্যাপক ড.এ, এফ, এম, রুহুল হক গং বনাম বাংলাদেশ গং, ২০০৯, ৩৭ সিএলসি (হাইকোর্ট ডিভিশন)]

.... উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ “..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a unifor......রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.-আমি একমত। Ed. This Case is also Reported in: ..

Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3

Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)

.... উপরোক্ত আইনের প্রস্তাবনা নিুরূপঃ “..............to provide for the constitution of a Medical and Dental Council, for regulating registration of medical practitioners and dentists and also for the purpose of establishing a unifor......্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ..

Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167

AKM Kamruzzaman Khan Vs. Registrar, Joint Stock Companies and Firms Dhaka and 6 others, 2008, 37 CLC (HCD)

....to him under the provision of section 193 of the Companies Act, 1994. However, there shall be no order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 226. ...... money with the respondent No. 7 thought any authority from the company. Thereafter the writ petitioner submitted an application before the respondent No. 7 on 2-5-2006 praying for execution of the deed of sale of Kuliarchar Ground Nut Mills in favor of the Company. At the relevant time the resp..

Category: Company Law | Date: 12 Aug, 2008 | Hits: 18

Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)

....e involves substantial questions of law as to the interpretation of the Constitution, which may be decided by the Appellate Division. Ed. This Case is also Reported in: 60 DLR (2008) 714. ......194. But the provision of the Ordinance as laid down in section 9(4) which empowers the President to reject the recommendation of the Commission for reasons to be recorded, which would be final, is indeed, unconstitutional. Definitely this particular provision is inconsistent with the Constitutional..

Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236

S.M. Mohiuddin Hossain Vs. Jalalabad Co-Operative Housing Society Limited and others, 2008, 37 CLC (HCD)

.... 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. ......developed the land along with the said .37 decimals of land allotted to one Mustafa Younus Noor, M.A. Matin, Md. Shafi Ahmed, Md. Shamsuddin, and Dilruba Jahan and ac­cordingly executed the lease deed in favour of those persons and as per the terms of agree­ment the defendant kept one plot f..

Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4

Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)

....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. ...... that in arriving at its finding the said Court carefully considered all the ma­terial facts and circumstances of the case and the evidence on record both oral and docu­mentary and registered deed affecting the merit of the case. The learned Counsel for the plaintiff-respondent-petitioner co..

Category: Property Law | Date: 30 Jul, 2008 | Hits: 2

State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)

....facie found to be above nine years. We may point out, at this juncture, that the local Union Parishad Chairman, being entrusted by law to keep a record of births and deaths, although it was a belated registration, proved Arifa’s birth registration, with supporting records from his office, which ca......y the Department of Social Services.  With the above observations and directions the Rule is disposed of. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 60 DLR (HCD) 660. ..

Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147

Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)

....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ......ruddin was the Mutwalli of Khairuddin Kazi Wakf Estate situated at 102, Islampur, Kotwali, Dhaka. The great grand father of late Kazi Khairuddin was Khairuddin Kazi, son of Joynuddin Kazi who by a deed dated 21 Sraban 1297 (Annexure-A to the writ peti­tion) appointed his son Kamaruddin Kazi as ..

Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166

Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)

....ically articulated besides the powers conferred upon them by article 133 which include to pay the costs, charges and expenses preliminary and incidental to the promotion, formation, establishment and registration of the company, to purchase or oth­erwise acquire for the company any property, rig...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immedi­ately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..

Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18

Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)

.... 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. ......orm defendant praying for redemption of mortgage alleging, inter alia, that 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..

Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8

AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)

....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that admittedly the pre-emptor being a co-sharer sought pre-emption against the transfer made vide Kabala deed dated 27-3-2002 by the pre-emptee Nos. 2-7, in favour of the pre-emptee No.1. Admittedly, the p..

Category: Property Law | Date: 11 Jun, 2008 | Hits: 12

Unilever Bangladesh Ltd. Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

.... direction upon the respondents namely, 'Customs Authority' not to allow any such import which ultimately shall affect the revenue of the country. He submits that the petitioner obtained necessary registration of the brands in accordance with law of the country. 6. Mrs. Sathika Hussain, the......s manufactured by the petitioner company as mentioned in both the Writ petitions. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 156. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 2008 | Hits: 9

A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)

....ccording to their respective rights and interest in the profits and may fix the time for payment. 140. A transfer of share shall not pass the right to any dividend declared thereon before the registration of the transfer. 24. It is noted that proceeding on the gen­eral tenor of Art......y the learned Advocate for the Petitioners in Matter No.11 of 2008 Mr. Khandoker Mahbubuddin Ahmed, submits at the outset that various ju­risdictions in the world have responded vari­ously, but indeed, with no discernible sense of uniformity, with the consequences of deposi­tories laws being ..

Category: Company Law | Date: 11 Jun, 2008 | Hits: 43

Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....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. ...... of 2008, the facts, in brief, are: The petitioner purchased .64 acre of land of Mouza Jatrabari, P. S. Demra from the successor-in-interest of R.S. recorded owner Mr. Alauddin by the registered deed of sale dated 6.3.2000. The purchased land appertains to C.S. plot No.597 under C.S. khatian No..

Category: Property Law | Date: 8 Jun, 2008 | Hits: 11

Md. Sadaqat Khan (Fakku) and 10 others Vs. Chief Election Commissioner, Bangladesh Election Commission, 2008, 37 CLC (HCD)

....eafter, various news clippings on the conditions of the Urdu-speaking people that appeared on different occasions in the National media were annexed to the writ petition. 7. It is also stated that registration of voters was completed in the Districts of Rajshahi Rangpur, Khulna and Mymensingh but......a copy of this order be sent to the Election Commission at once for guidance and necessary action Md. Ashfaqul Islam J.- I agree Ed. This Case is also Reported in: 60 DLR (HCD) (2008) 407. ..

Category: Election Law | Date: 18 May, 2008 | Hits: 122

Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)

....mance of contract. The said suit was decreed on 15.11.79. Subsequently the defendants got the kabala executed and registered on 27.02.1980 through court vide Title Execution Case No.03 of 1980. After registration of the kabala through court when the defendants went to take possession of the suit pro...... kabala executed through court on 27.02.1980 in Title Exe­cution Case No.3 of 1980 of the Court of Subordinate Judge, 3rd Court, Dhaka and registered in the office of the District Registrar being deed No.8119 of 1980 was fraudulent, collusive and not binding upon the plaintiffs." 7. Th..

Category: Property Law | Date: 13 May, 2008 | Hits: 5

Most. Rafika Begum Vs. Md. Mohammad Ali Sheikh being dead his heirs Most. Asia Bewa and others, 2008, 37 CLC (HCD)

....xecuted between the pre-emptee and the opposite party No.2 on 16.2.1998. In the said bainanama all the per­sons present including the pre-emptor put their signature. Subsequently, to decrease the registration cost the sale deed was made at a consideration of Tk. 20,000/- on 15.4.1998. Thereafte......-petitioner is a co-sharer by purchase and the opposite party No.2 sold the five decimals of land to the pre-emptee-petitioner, at a consideration of Tk.20,000/- on 15.4.1998 without any notice the deed was registered by the vender behind his back. The pre-emptor-opposite party knew nothing about..

Category: Property Law | Date: 9 Apr, 2008 | Hits: 4

Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..

Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49