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United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)
....comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......rectors but due to embargo imposed by the Bangladesh Bank, lie ceased to be its director for a period of three years. On the resignation of Mr. Zafar Ahmed Chowdhury and some other directors, from the Board of the UCBL, the respondent No. 3 and some other shareholders were appointed as dire......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ......comment on it. 11. However, in any view of the matter, the impugned order does not suffer from any infirmity for our interference. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......C. Recruitment and Promotion Procedures, 1972, to bring uniformity in the promotion of its officers' and employees requiring an engineering degree for promotion to the post of Superintending Engineer from the post of the Executive Engineer. It was specially done for better administration of the BADC......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......cation of the share register under section 38 of the Companies Act, 1913 ("The Act"). 2. The appellant's case, in brief, is that on 31‑10‑1993 he purchased from the respondent No. 2, Mr. Sargum Ali, 22,000 shares of Taka 100 each of Green Delta Insurance ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ......s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
.... Advocate‑on‑record for the petitioner submits that conviction of the accused is based on the evidence of the witnesses, who were declared hostile by the prosecution and that there was no corroboration of the prosecution case. 9. The law is now settled that evidence of the witness......was that Altafunnesa (PW 1), victim of the incident, in the night of February 25, 1997 was sleeping in her bedroom and her husband also slept in the east verandha of her bedroom upon bolting the door from outside, that in the early hours (at about 1.30 hours) of the night of February 26, 1997 she se......ty under section 6(3) of the Ain and sentenced them in the manner as stated hereinabove. 7. All the 5 convicts preferred appeal before the High Court Division. The High Court Division on independent discussions and consideration of the evidence on record arrived at the finding that &quo......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ...... The Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 20 % interest on the tax paid to the government from the date of unauthorized occupation till the date of restoration of possession is omitted. The......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......a dismissing AT Case No. 62 of 1990. 2. The petitioner's case, in brief, is that she was appointed as Librarian in the Investment Advisory Centre of Bangladesh (IACB) with effect from 24th April l980 at the pay scale of Taka 300-540. Considering the work load and responsibi...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ...... Mohammad Ashraf Ahmed, one of the minority shareholders, Mr. Murshed Hussain, a friend of Mr. Mohammadullah, sold his shares to the two families in the proportion 70:30. Eventually, as it appears from return filed with the Registrar Joint Stock Companies that 4,600 of the issued shares of 17,00......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......sp; Mainur Reza Chowdhury CJ.- This appeal by leave has arisen from the impugned judgment and order dated 18‑2‑1999 passed by a Division Bench of the H......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
....urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......ip;…..(14) (ii) Investigation by a police officer is simply an antecedent proceeding and such an irregularity should not be allowed to affect the proceeding or prevent the Court from taking cognizance of the offence under clause (a) or (b) of section 190(1) of the Code of Crim......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ......urt Division 'Further enquiry" is directed to be held. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 125. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......tiff. In the Bainanama a condition was stipulated to the effect that the defendant No. 1 upon receiving the balance consideration money will execute and register the sale deed within 2(two) months from the date. 3. Though the plaintiff offered the balance amount of money to the defendant No.1 ......nd, as such, the judgment and decree of the High Court Division is liable to be set aside. The learned Advocate submits that the positive findings of the High Court Division is that there is no other independent witness to support tender of balance consideration money not to speak of payment of Subo......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
.... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ......he pawned goods and thereupon to adjust the sale proceeds of the pawned goods against the claim of the pawnee and then to frame the suit upon amending the plaint in respect of the amount, if any, due from the pawnor. The Artha Rin Adalat, hereinafter in brief, the Adalat, made the aforesaid directio......o sell the hypothecated goods at first and then upon adjustment of the, sale proceeds is to go for realisation of the balance, if any, by instituting a suit. The rights of the pawnee are distinct and independent of each other and the exercise of the first one is not conditioned by the second one. Th...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
.... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ......ve may be put out of office by the competent authority when such representative makes himself undesirable to perform his functions and duties and his continuation in the office is made undesirable from the administrative point of view. Cases Referred to- ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ...... Accordingly, the petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 72. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......preempted along with some other land belonged to Abdur Rahman who died leaving sons Abdur Razzaque and Abdul Gafur. Abdul Gafur filed Title Suit No. 18 of 1954 seeking partition of the land inherited from Abdur Rahman. After the final decree Abdul Gafur got in his share 335 aurjuthansa and Abdur Raz......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......t and order dated January 11, 1998 of the Administrative Tribunal (AT), Dhaka in Case No. 93 of 1996. The Administrative Tribunal by the aforesaid judgment and order considering compulsory retirement from the service has altered the said punishment to stoppage of 3 annual increments for 3 years (wit......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ...... Judgment January 6, 2003. The Arms Act, 1878 (XI of 1878), Section 19(a) and (f) The arms and ammunitions having been recovered from possession of the arrested persons who disclosed the names of the accused-appellants and the a......be held to be in possession of any arms. Furthermore, the complicity of the appellants, other than the statement of the co‑accused which is inadmissible in evidence, has not been established by independent witnesses. 9. Under the aforesaid facts and circumstances of the case and i......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
....aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......der section 25A of the Securities and Exchange Ordinance, 1969 the burden of proof lies on the accused and not on the prosecution. Thus, the governing jurisprudence in this case is quite different from that of the ordinary criminal jurisprudence. Therefore, it was absolutely necessary for the pr......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......Matter Besides inordinate delay in prosecuting the trial of the case and the provision of section 339C (4) of the Code of Criminal Procedure, the fact that the appellant has been suffering from enlarged prostrate gland and problems in his urinary tract for long attract the proviso to sec......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......46, Hari Mohan had been earning lot of money by doing business and service in Burma and contributed to increase the joint family fund to acquire the second category property; Roy Mohan once came back from Burma in the year 1953‑54; He married then plaintiffs mother and out of the wedlock the p......ashi, Kumar vs. Nagendra Nath 1982 BLD 36 paragraph 8, it has been decided, inter alia, as follows: "In this regard the court has ample authority to determine issues to title, independent of the partition, that are necessary for the purpose of allocating the respective shares......r died on 28‑5-1983. So he claimed his share in the properties of his father as his heir in his ancestral property and he also claims legitimate share in the property acquired by the joint source of family fund of his father and his paternal uncle in the second category of properties, alt..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......ipal the ESPN Star Sports and 268 others for decree of perpetual injunction restraining the defendant No.1 ESPN Star Sports of Singapore and defendant No. 2, ESPN Software India (Pvt.) Ltd. of India, from dealing with defendant No. 3, Ismail Dobash, proprietor of the Total $ports of Dhaka in the mat...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......dit. But the bills remained unpaid in spite of several reminders. On 30‑6‑1999 defendant National Bank Ltd. remitted to the plaintiff half of the principal amount. The rest was deducted from the principal amount and the interest without giving any reason. The plaintiff respondent Unio......d and another …………….Respondents Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of cr......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
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