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Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....g by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff landlord. Moreover, at no point of time tenant has right to challenge the title of landlord. In the instant case defendant being a...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
.... of its authorized capital, prior approval of the Government is necessary under section 6(3). It is also provided in section 7(2) that the Government may increase the paid up capital of the Bank from time to time in its sole discretion. Section 10(1) provides that the Chairman of the Board will be a......e notice before taking action against him, and the Regulations of 2001 will not be applicable to him; (b) section 14 (1) of the Ordinance clearly provides for approval of the Bangladesh Bank for appointment of a Managing Director and the petitioner having not challenged section 14, there i..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....arned District Judge, Dhaka in Arbitration Miscellaneous case No.477 of 2010 granting injunction restraining the Rule petitioner i.e. 2nd party making any construction on the land in question. At the time of the issuance of the Rule, the Rule issuing Court was pleased to issue an ad-interim order in...... Fact relevant for the purpose of disposal of the Rule in short are that That opposite-party herein as petitioner filed an application under section 12 of the Arbitration Act, 2001 for appointment of Arbitrator in the Court of learned District Judge, Dhaka which was registered as..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....the order dated 09.05.1999 passed by the Secretary, Ministry of Home Affairs, rejecting his appeal filed against the order dated 29.09.1998 imposing a major penalty upon him by degrading him to the time scale, i e. below his salary scale (তাহার বেতন স্কেলের নি......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....g with others (in total 15 persons were put on trial before the 1st Court of Assistant Sessions Judge Cox's Bazar, (that was performing the function of Additional Sessions Judge at the relevant time) in Sessions Trial No.25 of 1987 arising out of Teknaf Police Station Case No.8(7)/81. 3......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
.... the Code of Civil Procedure read with section 57 of the Artha Rin Adalat Ain, 2003 (shortly, the Ain) for restoration of possession of 0.75 decimal of land of the same plot. He contended that at the time of taking over possession of the mortgaged property, the auction, purchaser in collusion with t......8. On 07-09-2004, respondent No.6 filed an application for restoration of his possession under Order XXI Rule 100 of the Code of Civil Procedure read with Section 57 of the Ain without any prayer for appointment of survey knowing Advocate Commissioner. On 17-10-2004, the application was rejected wit..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....authority for assessment and clearance under the Baggage Rules, 2000, in short, the Baggage Rules. Respondent No.4, Mobara Khanum, Assistant Commissioner of Customs who was on duty at the relevant time demanded excess money over and above the legal customs duty from the petitioners and said Abul......e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....the plaintiffs could not establish any case to the effect that the defendant No.4 the deity settled the suit land with them for legal necessities. The High Court Division further observed that at the time of alleged settlement of the suit land in favour of the plaintiffs the deity had no rent receiv...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....d Joint District Judge, First Court, Dinajpur, by his order dated 02.11.2002 appointed receiver in respect of the suit land. The learned Joint District Judge came to a finding that it could take long time for disposal of the suit because drawing up of final decree in a suit for partition usually wou......r XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed in a suit for partition with the consent of..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
.... a co-pre-emptor at a subsequent stage. The learned advocate has contended that since the trial court found the co-preemptor's application under section 96(4) of the State Acquisition and Tenancy Act time barred he was not entitled to get pre-emption of the case land and in the circumstances the......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ly no new tenancy was established between the plaintiff and the defendant. From the discussion as made above, I am inclined to answer the question No. (b) and (c) in the affirmative. At the same time I am inclined to hold that the attornment made after words will not affect the status of the de......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....07 1C dated 24-3-2009 through the L/C opening bank. The petitioner also received Commercial Invoice, Packing List, Bill of Lading, Certificate of Origin from the respective person in due course of time. After arrival of the goods from Thailand, the petitioner through his clearing and forwarding ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
....inst the fundamental rights guaranteed in Articles 27, 29 and 31 of the Constitution. It is respectfully stated that the writ petitioners have completed 15 years of service, they were granted first time scale on completion of 08 years service, second Time Scale on completion of 12 years service ......the Memo No. আর এন্ড এম, /৬২-২০০৮/১০৫২ (১১৩) dated 5.8.2009. The said memo gave detail of various conditions/bars which could have to be fulfilled before appointment serving in the rank of Sub-Inspector, would be considered for promotion to the rank of..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....wife-Jutsna Begum, mother of the P.W., Gulapjan Bibi, daughter-Ayesha Begum, nephew-Abul Mansur, son-Abul Fazal and brother's wife-Nur Banu took shelter in the southern room of his house. At that time, the P.W. pushed his brother, Abdur Rakib, in the Baithakkhana which is adjacent to the souther......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
....he educational institutions in question from the list of MPO illegal and rightly directed the respondents to include the name of these educational institutions in the list of MPO within the specified time if these educational institutions fulfill the requirements. . . . . . . (12) Lawyers Invol......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....nce. The accused A.K.M. Shamsudohha appeared before the High Court Division and obtained ad-interim anticipatory bail. The case was then transferred to the Court of Sessions Judge, Dhaka and at the time of hearing of discharge application under section 265C of the Code of Criminal Procedure, the......ellant is directed to file the concise statements within 4 (four) weeks from the date of receipt of the leave granting order. Ed. This Case is also Reported in: 9 ADC (2012) 802. ..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....g his majority and, as such, he cannot be added as party, has no basis. On the other hand, the learned Advocate for the respondents herein submitted that since the applicant was minor at the relevant time his father cannot sell his property and, as such, he a necessary party in the suit and for prop......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....7864(2154) dated 02.06.1999 as a Public Limited Company. The authorized capital of the company was taka 100 crore divided into 1, 00, 00,000 (one crore) ordinary shares of taka 100.00 each and at the time of incorporation, its paid up share capital was taka 22, 50, 00,000-00 (twenty two crore fifty ......espondent No.13, namely, Mrs. Nasreen Islam, wife of Mr. Nazrul Islam Mazumder in the list of the Board of Directors of respondent No.1 bank published in the Diary-2009 at pages-41 and 42 showing her appointment on 01.12, 2008 (Annexure-'C-3') although during the period from 26.08.2008 to 05..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....tablishment, the Asian Poly @ Box. The accused-petitioner submitted an application to the complainant-company for short term loan facility and a loan of TK. 15,00,000.00 was sanctioned to him. At the time of payment of the loan amount, 6(six) post-dated cheques were issued by the accused-petitioner ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....letter requested respondent No.11 to take necessary steps in this regard. Respondent No.11 thereafter, paid balance auction amount after deducting Tk.7 lakh which was deposits respondent No.11 at the time of bidding as earn money. The Bank on receipt of the auction money from respondent No.11, trans...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
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