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Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340....... the matter to the learned Chief Justice so that a special bench is formed to hear this Rule but the learned Chief Justice by order passed on the same day, directed this bench to dispose of this Rule holding that there is no need to constitute a special bench. In the aforesaid circumstances we have ..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ......ouse by her friend Hena and Hena’s mother accused Anwara Begum @ Anu on 3-11-89. P.W.1 explained the delay saying about a local salish. But none of the P.W.s particularly P.W.s 1-5 gave any date of holding of the salish in their deposition. P.W.1 also stated in his chief that, while his victim dau..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ......01 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding No. 185 West Agargaon. The application was numbered as Miscellaneous Case No. 39 of 1994. Th..Category: Property Law | Date: | Hits: 26
Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)
....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......t SIBL has three foreign Sponsor Directors in Group-B who live outside Bangladesh. Mr. Ahmed Saleh Jamjoom, Mr. Md Aminuddin, Dr. Abdullah Omar Naseef and Dr. Hamid Al-Gabid are all sponsor Directors holding shares numbering 7592, 4494, 499 and 1997 respectively. Mr. Ahmed Saleh Jamjoom, Mr. Abdulla..Category: Company Law | Date: | Hits: 208
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ......nd determination of right in land reappearing on account of alluvion. By the said Act the right, title and interest of the original tenant or his successor-in-interest would subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appeared in situ w..Category: Property Law | Date: | Hits: 68
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291....... Suit No. 19 of 1998 in 5th Court of Subordinate Judge at Dhaka against the defendants for recovery of a total claim of Taka 61,64,470.67. Without refunding the security money, the defendants started holding out threats to dispossess the plaintiff from the suit premises. The plaintiff then institute..Category: Property Law | Date: | Hits: 31
Selim (Haji Md) Vs. Collector of Customs and others, 2001, 30 CLC (HCD)
....sistant-Attorney-General—For the Respondents (In both the cases). Writ Petition Nos. 291 of 1999 and 128 of 1999. Judgment Abu Sayeed Ahammed J.- Both the Rules have arisen on the similar disputed facts and same law point is involved and, as such, with the consent of the learned Counsels......r the reasons and discussions made above, we find no merits in these Rules. In the result, the Rules are discharged. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 287...Category: Fiscal/Taxation Law | Date: | Hits: 62
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
....miss the application only when the amount of the consideration as stated in the notice under section 89 or in the deed of transfer together with the statutory compensation is not deposited. It is not disputed that the preemptors deposited Taka 95,000 as stated in the deed of transfer together with t......e under sub-section (1) shall be dismissed unless the applicant or the applicants, at the time of making it, deposit in the Court the amount of the consideration money or the value of the transferred holding or portion or share of the holding as stated in the notice under section 89 or in the deed o..Category: Property Law | Date: | Hits: 28
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......he Respondents. Writ Petition No. 6200 of 2001. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause under what authority respondent No.1 has been holding the office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojp..Category: Election Law | Date: | Hits: 88
Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)
....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......oner, submits that the learned Subordinate Judge committed an illegality in not correctly construing the provision of Order 3 rule 2(a) of the Code of Civil Procedure. Mr. Pal submits that the person holding a power-of-attorney is legally permitted to appear before the court and to take all steps in..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....section 115(1) of the Code of Civil Procedure. 9. The learned Counsel appearing for the petitioners has placed before me the impugned Judgments of the learned Courts below. In this case it is an undisputed fact that the case land belonged to Koran Ali Sk. It is also not disputed that the pre empt......ed this Court and obtained the present Rule. 7. Mr. Ziaur Rahman Khan, the learned Counsel appearing for the petitioners, submits that the learned Courts below erred in law in allowing pre-emption holding without any lawful basis, that the jama in question was not legally separated and the same h..Category: Property Law | Date: | Hits: 31
Abul Hossain Vs. State, 2000, 29 CLC (HCD)
....nce with law regarding that petition. Communicate the order to the Magistrate concerned. The application is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 222.......on the basis of the present application, we do not find any reason to issue any Rule. The order of the learned Sessions Judge dated 1-2-2000 is set aside to the extent of the portion which relates to holding of judicial inquiry. The Magistrate concerned is directed to treat the petition as a petitio..Category: Criminal Law | Date: | Hits: 42
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......hey had nothing to contest. Shafiullah, father-in-law of the purchaser, and the “Tadbirkar” of the present case, received summons in the house of the purchaser. The purchaser is a stranger to the holding and he has not suffered any loss for the ex parte order allowing preemption. On 6-6-98 the p..Category: Limitation Law | Date: | Hits: 175
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....be determined with reference to their respective possessions existing at the time of filing of the suit. It is to be noted in this connection that in this case impartibility of the suit property is undisputed when the suit was filed by the petitioners in 1981. In this case it is found that the suit ......of the final decree and not as it prevails now or as it prevailed at the time of the impugned purchase. 9.The learned Subordinate Judge after hearing parties rejected the plaintiff’s application holding, inter alia, that the valuation of the 1/3rd share of the suit property should be made at th..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215....... Rehena Iqbal, Mr. Mohammad Imtiaz, the Group A shareholders and the defendant Nos.1-3 i.e. Mr. Tanveerul Hoque, Mr. Masihuddin Ahmed, Mr. Kamal Rashid Chowdhury, the group B Shareholders, each group holding equal number of shares. Mr. Mohammad Iqbal was Chairman of the Board of Directors of the pla..Category: Company Law | Date: | Hits: 197
Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)
.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425.......gh Court Division and other papers on record. 13. It appears that the High Court Division relied on the case of AKM Mayeedul Islam Vs. Bangladesh Election Commission reported in 48 DLR (AD) 208 in holding that the writ petition directed against rejection of nomination paper and dismissal of the a..Category: Election Law | Date: | Hits: 127
Nure Alam and others Vs. State, 2002, 31 CLC (HCD)
....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......mination of prosecution witnesses the accused persons were examined under section 342 of the Code of Criminal Procedure wherein they once again pleaded not guilty. Learned Additional Session Judge on holding trial found the convict appellants guilty under sections 302/109 of the Penal Code and convi..Category: Criminal Law | Date: | Hits: 42
Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)
....e-D) that in a situation spelt out therein a fishery would be leased out prior to approval of the bid or that prior to acceptance of the bid by the prescribed authority or designated person, herein undisputedly, the Divisional Commissioner (respondent No. 3). There is also nothing in the memorandum ......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...Category: Property Law | Date: | Hits: 33
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....he issues for determination can be decided. 10. Furthermore, there is no legal authority which bars the trial judge from using his own eyes and looking at the admitted LTIs or signature along with disputed LTI or signature for deciding whether the evidence that has been given as regards the genui......in his evidence stated that he did not put his signature for identification of Mehera Khatun in those deeds. 5. The learned Subordinate, Judge, by the impugned order, rejected the said application holding that the said application has been filed at a belated stage and the issues of the instant ca..Category: Property Law | Date: | Hits: 28