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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....ishan Shing, reported in A.I.R. 1963 Punjab, 230. 8. Mr. M.H. Khondker, learned Counsel for the contesting respondent, has, on the other band, submitted that a limited company being a legal personality quite distinct from its shareholders and the share-holders having no existing and pr......nsider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ......dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Te..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
.... Banerji, J. however, followed the earlier rulings of the Court with the following observation: ''This has been the course of rulings in the Court, and, although personally we may have hesitation in accepting this view adopted in those rulings, we think, we, ......sp; D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....eral provision and as such valid and lawful. The result, therefore, is that this appeal is dismissed, but in the circumstances of the case there shall be no order as to costs. Ed. ......Trade Union has been given, under section 13 of the Trade Union Act, 1965 the status of a juristic person having a perpetual succession with power to acquire and dispose of property and to contract. Chapter III of the Act contains provisions relating to, as the sub-title ..Category: Labour and Industrial Law | Date: | Hits: 138
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ......ons of the Requisition of Property Act, may be mentioned to appreciate the question. Sub-section (1) of Section 5, provides that the Government, may if it thinks fit, acquire the requisitioned property on the proposal of the Deputy Commissioner in the manner provided in the section. Sub..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......urban' therewith. The main purpose of the Act was to collect additional revenue for the Provincial Government, and for the said purpose, the Legislature devised measures for imposition of a kind of property tax upon a class of well-to-do persons whose means of livelihood, in all likelihood, ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......sain J.- These two leave petitions are heard together as they arise from the same order of temporary injunction in a suit filed by the petitioners for permanent injunction. 2. The suit property is a hat known as Noapara hat and the plaintiffs claim it to be a wakf propert..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... is to utilise the principle of corporation. A corporation has its own independent existence distinct from the shareholders or directors or administrators and has all the attributes of a juristic personality. A statutory corporation therefore is neither a dependant on Government nor is its Agent......shall be condemned unheard, and it means that when a person or a body of persons is invested by some statutory provision with a power to make an order or take a decision which may affect the right or property of another person adversely the exercise of such power is coupled with a duty of acting j..Category: Employment/Service Law | Date: | Hits: 170
Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 1977, 6 CLC (AD)
....sons set out in Civil Appeal No. 9 of 1975 and they need not be repeated here. With the modification set out above the appeal is dismissed without any order as to costs. Ed. ...... under section 42 of the Specific Relief Act. We may refer to section 42 the Specific Relief Act which runs thus: ''Any person entitled to any legal character or to any right as to any property, main institute a suit against any person denying, or interested to deny, his title to ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ...... consider three questions: (1) whether award made under Section 93A of the Town Improvement Act, 1953 is appealable; (2) what should be the proper basis of calculation of compensation of immovable property acquired for the purposes of the Act; (3) whether compensation is payable for the period d..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....siness to deposit the rent with the Rent Controller. Moreover, it has been pointed out by the learned Counsel from the evidence of the tenant that he had deposited the rent without tendering the rent personally or remitting the same by money order with a view to justifying his action in the matter o......the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 constituting sale of the property within the knowledge of the monthly tenant Azharuddin Ahmed allegation that the defendant h..Category: Tenancy Law | Date: | Hits: 76
Ansar (Md) Chan Mia Vs. State, 2001, 30 CLC (AD)
....ife, on maintaining the conviction the convict under section 302 of the Penal Code. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 115. ......t for life on the view that the condemned prisoner as one of the members of law enforcing agency was deputed at the Ferry Ghat “ for maintaining law and order and securing safety of life and property of every citizen who are crossing the river by ferry had taken the life of a young bus dri..Category: Criminal Law | Date: | Hits: 74
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
....for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ......se. The trial Court also found that there was no scope for service of summons of the earlier suit upon the predecessor of the present plaintiff and that the plaintiffs are in possession of the suit property hut the appellate Court found that in collusion with the defence lawyer decree was obtain..Category: Property Law | Date: | Hits: 74
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......the right and be entitled, without obtaining any consent from or paying any compensation to the tenant to deal as it may think fit with any of the lands adjoining or opposite or near to the demised property and to erect or permit to be erected thereon any building, structures, etc. notwithstandin..Category: Constitutional Law | Date: | Hits: 138
Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)
....rch 29, 2001. The Service Rules of Petro Bangla, Rule 9 The declaration does not put an embargo on the employer to look into the personal record of the declarant to see if the declaration made in the verification roll is correct......iculation Certificate. 5. The submission for leave has no merit. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 105. ..Category: Employment/Service Law | Date: | Hits: 71
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
..... We accordingly dismiss the petition, the delay having been condoned. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 99. ...... abandoned buildings has no basis. It was further submitted that the Court of Settlement failed to exercise its duty as a Court of Settlement to ascertain if the case holding is in fact, abandoned property or not and if the petitioner have been in possession of the case building on the basis of ..Category: Property Law | Date: | Hits: 57
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....g Director. Further, the respondent No. 2 addressed a letter dated 30-9-1998 to respondent No. 3 stating that respondent No. 3 would not be recognised as the Managing Director unless he executed a personal guarantee in favour of Bangladesh Shilpa Rin Sangstha for all past loans of the company. T......not follow the procedure prescribed by articles and if there has been fundamental breach of the rules and where the majority endeavouring directly or indirectly to appropriate to themselves money, property or advantages which belonged to the company or in which the other shareholders are entitle..Category: Business or Commercial Law | Date: | Hits: 95
Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 2001, 30 CLC (AD)
.... why he should not be removed from the post of the Chairman and Director of the UCBL on certain allegations, dated 16th October 2000 asking him to appear before petitioner No. 2 on 19-10-2000 for a personal hearing and letter dated 6th November, 2000 issued by petitioner Nos. 1-3 asking the writ ......this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 70. ..Category: Business or Commercial Law | Date: | Hits: 131
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ......2. Respondent obtained decree on 28-7-1987 in Title Suit No. 241 of 1986 against the petitioner for perpetual injunction restraining them from interfering with his peaceful possession of the suit property and/or from forcibly entering into the suit land. Thereafter, petitioners having attempted..Category: Property Law | Date: | Hits: 57