Judgment search - Chancery Law Chronicles

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Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)

....da of election of directors after condoning the delay and that there was no wilful default on the part of the company. The learned Advocate for Bangladesh Bank, the petitioner herein, on the other hand, submitted before the High Court Division that against the judgments passed by the High Court ......s taking advantage of the above orders of stay dated 24-1-2004, inasmuch as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20-1-2004 are overturned then all the actions of the Board of Directors of the company with more than 13 members ...... the BRPD Circular Nos. 8 and 12, both dated 26-4-03 with lawful authority being empowered by section 45 of the Bank Company Act, 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guidelines only an..

Category: Business or Commercial Law | Date: | Hits: 99

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....the aforesaid petitioners (condemned prisoners) gives rise to the petitions mentioned above. 15. Md. Faruk Hossain Khan @ Faruk @ Khaled Saifullah @ Amjad, another condemned prisoner, on the other hand, submitted Jail Petition No.6 of 2006 regarding the aforesaid judgment and order but later tile....... Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover where law of the land provides for sentence of death in respect of certain offence and one who ......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)

....by the port authority to the respondent No.1 immediately after the expiry of the time as stipulated in the contract alleging that the respondent No.1 is responsible for the delay caused. On the other hand, D.W 1, in his cross examination, specifically admitted that if the port authority would have s......act failed to perform their part under the contract and the respondent No.1, on being assured by the port authority that they after obtaining permission from the Ministry would pay the running bills covering the excess amount for purchasing the materials from outside, procured the materials from mar......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 109

Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)

....he Water Development Board. P.Ws. 1 and 2 were told by appellant No.2, Rash Mohan Adhikari, that he had taken lease of both the fisheries by his lease-deed dated 24 July 1983. Thereupon P.W.2, Nakul Chandra Malo, filed a petition of complaint before the Deputy Commissioner, alleging that the lessee ......port, to the police who treated it as the first information report and registered a case on 17 October 1983. In due course, the police investigated the case and after obtaining sanction from the Government submitted Charge-sheet against the two appellants and one Ratan chandra Sarkar, Assistan......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..

Category: Criminal Law | Date: | Hits: 45

Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)

....cy in 1934 up to at least 1959. Exts. 1 and 2 have not been properly considered by the said two Courts. 9. Mr. M. Nurullah, the learned counsel for the defendant-respondents, submits, on the other hand, that Exts. 3 and 4 did not confer the status of non-agricultural tenant upon the appellant. Th......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)

....as prayed for and the aforesaid judgments and orders of the High Court Division do not call for any interference. 19. Mr. A.J. Mohammad Ali, learned Attorney General on the other hand submits that the learned Judges of the High Court Division erred in law in failing to consider......hs. Ed. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 56

Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)

....ereupon judgment and decree dated June 23 of 1970 in other class Suit No. 45 of 1968 of the Court of Subordinate Judge (now Joint District Judge) is restored. 18. The receiver is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants.......r and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance of plai......re was started but later on same was converted into a proceeding under section 145 of the Code of Criminal Procedure and the properties of the aforementioned three schedules were attached and management thereof was given to the receiver appointed by the Court. In the aforesaid circumst..

Category: Property Law | Date: | Hits: 67

Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)

....umber 2, Khulna framed charge under section 6 of the Ordinance No. LX of 1983. In course of trial the prosecution examined 12 witnesses and the defence examined none. Defence case was that Monira hand many boy friends with whom she used to indulge in immoral activities and her parents also......defence examined none. Defence case was that Monira hand many boy friends with whom she used to indulge in immoral activities and her parents also patronized her to mix with her paramours and over this enmity arose with the accused who being husband the petitioner, being the husband wa......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..

Category: Procedural Law | Date: | Hits: 100

Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)

....d his hut while he was saying esha prayer and kicked him and told him that they were taking away his daughter Hasina Begum (18 1/2) and thus dragged her catching hold of her hand and hair and that while he obstructed he was assaulted by them and then there were about 7/8 p......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

.... property and appointed concerned Ward Commissioner of the City Corporation as the Receiver. Thereupon the petitioner herein filed an application before the learned Metropolitan Magistrate for handing over possession in his favour and the learned Magistrate by order dated 18.03.1999 allowed ......in-law of Cyma Zarrar, Cyma Zarrar herself and Fazlul Kader Chowdhury the second party petitioner jointly instituted Title Suit No. 291 of 1995 for injunction against Arab Bangladesh Bank and the Government. In another suit, being Title Suit No. 88 of 1998 at the instance of the first party resp......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

....anjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD) 126 Abani Mohan Saha Vs. Assistant Custodian (S.D.O.) Vested property, Chandpur and others, 39 DLR (AD) 223; 41 DLR (AD) 124; 7 BLT (AD) 7. Lawyers Involved: ......ndant Nos.1-5, of whom defendant No.5 is the maternal aunt of the plaintiff and the defendant Nos.1-4 are the close relations of the defendant No.5, that plaintiff in pursuant to the said act made over possession to the defendants, that at the time of transfer many elites of Srimongal Town were ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....01 5,00,000.00 Exim Bank Ltd. 101353-25.02.2001 5,00,000.00 Total Tk. 4,85,00,000.00 6. That the petitioners submitted and handed over to respondent No.3 all the relevant applications particulars, statements, photos, decl...... 5,00,000.00 Exim Bank Ltd. 101353-25.02.2001 5,00,000.00 Total Tk. 4,85,00,000.00 6. That the petitioners submitted and handed over to respondent No.3 all the relevant applications particulars, statements, photos, declarati......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....da Sajeda Hossain & others ……………………Respondent (Civil Appeal No. 64 of 2004) Judgment July 25, 2006 Result: All the three appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Syed Mahbubur Rahman. Advocate-on-Record-F......��……………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others………………......ion and dispossession being involved the writ petition is not maintainable. The C.S. Plot No.177 of Mouza-Begunbari, P.S. Tejgaon, Dhaka is acquired land of the Government under the supervision and management of the respondent No.5 and the allegation of dispossession of the writ petitioners on 1..

Category: Property Law | Date: | Hits: 91

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

....tan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Bodruzza, Advocate with him) instructed by ASM Khalequzzaman, Advocate-on-Record-For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, (S.M. Munir, Advocate With him) instructed by Md. Nawab......others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior Ad...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

.... 7. The defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received Tk.95,000/- as 'salami1 and thereupon handed over possession of the premises in suit, that in the agreement by which the defendant was put......e defendant moved the High Court Division in revisional jurisdiction. The said Division made the rule absolute on the findings that the plaintiff received Tk.95,000/- as 'salami1 and thereupon handed over possession of the premises in suit, that in the agreement by which the defendant was put into p......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...

Category: Tenancy Law | Date: | Hits: 180

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....e right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind collected from the Mazar and that the formation in of the committee to......ht to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind collected from the Mazar and that the formation in of the committee to look......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....sion was pending the operation of the order of the Chief Metropolitan Magistrate, Dhaka dated 5.1.2002 was stayed and time was taken by the accused respondent on several occasions and on the other hand the informant petitioner made a separate application before the said Metropolitan Session......ivision dismissed the Criminal Petition for Leave to Appeal No. 161 of 2003 and again directed the accused Md. Barkat (Boston) alias Md. Kamal Hossain was compelled to surrender on 27.6.2004 i. e. over 2 1/2 years after his bail was cancelled (5.1.2002) although both the High Court Division and ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)

....e judgment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial ......gment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 41

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......or disposal of the petition are that respondent Nos. 1-22 filed writ Petition No. 6364 of 2004 stating, inter alia, that they are employees of Rajshahi Krishi Unnayan Bank in short RAKUB and that Government adopted Rajshahi Krishi Unnayan Bank Karmachari Chakuri Probidhanmala, 1988 which was pub......nistry of Finance and planning in collaboration with other petitioners made some amendments to the padannoti Nitimala dated 17.04.2004 thereby incorporating subjective criteria to be applied by the management of RAKUB while considering the promotion of the officers/employees of RAKUB and as ..

Category: Employment/Service Law | Date: | Hits: 81

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....n of the suit land is permissible in law as an alternative prayer in case the dispossession of the plaintiffs by the defendants, is not proved. The learned Advocate for the defendants on the other hand, contends that the real question in controversy is, whether the plaintiffs had possession and ......ahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of t......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

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