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Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Metric Tons of poly propylene value amounting to Tk. 21,00,000/- and deceived payment of Tax to the authority by forging signature of the commissioner; that by submitting the aforesaid documents on 15-06-2002 in the office of Custom House tried to release the said goods and at that t..Category: Criminal Law | Date: | Hits: 88
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an appli......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......kabala nor the scribe of the kabala. In that state of the matter we are of the view High Court Division as well as the courts below were quite correct in holding that defendants did not prove their documents on the basis of which they are r claiming the land in suit. It was submitted by the lear..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....the end of the year Tk. 83,700/- was found due and the accused-appellants issued three cheques in favour of the respondent and his partner, witness No.4, that as there was not sufficient money in the bank, two cheques were returned and Tk.15,000/- was paid and the third cheque of Tk.20,000/- had bee......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ...... from a reliable source that MA Naser was living in Karachi with his wife, son and daughters and that he was doing his business there. 13. It has been alleged that the plaintiffs have created some documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......per containing the Khatian and plot numbers of the suit land to enable the appellant to make an enquiry if he so likes. Defendant No. 2 also assured the appellant that he would send all the connected documents to the appellant within a day or two for preparation of the deed of conveyance. The appell..Category: Property Law | Date: | Hits: 50
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......ate Court suffers from any error of law occasioning failure of justice and also the submission that the High Court Division acted illegally in interfering with the findings and decision given on loan documents Ext. B & B (1) by the final court of fact on consideration of the evidence on record a..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......conclusion followed that the plaintiffs (sic) have been able to prove their claim as regards the suit property and that the defendant Nos.1 and 2 had not acquired any good title because their vendors documents of title were on the evidence found to be forged and fabricated". The High Court Division ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......ers submitted that High Court Division relying on the letters dated 28.1.2003, 29.1.2003 and 30.1.2003 which are inadmissible papers being fake, false, forged, fraudulent, fabricated and collusive documents created by one R.K. Shah for using the same in the judicial proceeding with malafide int..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......ment but the added defendant-appellant preferred appeal before the District Judge and did not take advantage of the opportunity available to him for submitting the case of the appellant and produce documents in support of the claim at least as additional evidence under Order 41 Rule 27 of the Cod..Category: Property Law | Date: | Hits: 40
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....e taken. It is equally incorrect to say that if the management is taken over under section 40 then the provisions of section 39 cannot be resorted to. The terms of section 40 itself show that the bank can even after taking over the management of the concern sell or realise any property pledged......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......ng, as the impugned order shows, two grounds for consideration of the Court; (i) that the election tribunal in violation of the provision of law regarding admissibility of evidence admitted some documents in evidence for which the judgment of the tribunal should be declared to have been pas..Category: Election Law | Date: | Hits: 102
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....o. 1 herein, filed the above suit for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of their banking business sanctioned loan of Tk. 25,00,000/- to the defendant No.1, the petitioner No.1...... the defendant No.9 mortgaged her immovable properties situated at Purana Paltan Line Dhaka and the defendant No.10 became guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants ..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ested in the Government, that R.S. record has been prepared in the name of the Government, that the Exchange deed and Power of Attorney are forged, fraudulent and fabricated and the said documents are antedated documents, that the land being the vested prop..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ppointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties who duly appeared and submitted their written statements and documents in support of their respective claims. Both parties also made their oral submission...Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.... in the service of the erstwhile Muslim Commercial Bank Limited as a clerk on 14.02.1958 and was promoted as a officer in the year of 1967; that nationalizing Muslim Commercial Bank and some other banks, Rupali Bank was constituted under the provisions of Banks Nationalization Order, 1......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....ued, if any, relating to those shares are invalid and that the share money deposit of Tk.1,24,000,00/- reflected in the audited balance sheet for the year ending 30.06.1997 was not reflected in the bank account of the Company and that the deposit of share money does not prove valid issuance of sha...... No. 5 in respect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documents the return has been cancelled and that the fact of purchase of aforesaid 1,24,000 shares h..Category: Business or Commercial Law | Date: | Hits: 109
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ed to consider the submission that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into ev..Category: Property Law | Date: | Hits: 59