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Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554.......Bhuiyan, Advocate —For the Petitioner. Aziz Ahmed Chowdhury, Advocate —For the Opposite Parties. Civil Revision No. 4890 of 1998. Judgment Abu Sayeed Ahammed J. - This Revision at the instances of the plaintiff Masuda Akhter (Nevy) against the judgment and order dated 16-11-98 passed......f the warrant, to imprisonment for a term which may extend to three months or until payment if sooner made. In the case of Eklasuddin Ahmed Vs. Hosne Ara Begum, reported in 1981 BCR 212, a similar question came up wherein also instalments were allowed for payment of the decretal money. For failur..Category: Family Law | Date: | Hits: 162
....he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......he Companies Act be returned to the petitioner.
The petitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......etitioner may refer the matter to the said Arbitration Tribunal, if so advised.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 538.......risdiction to enforce them. And the jurisdiction is of the High Court Division.
27. In order to decide whether the application under section 43 of the Companies Act is maintainable or not the moot question for determination will be, are the petitioners who have filed the application under section..
Category: Company Law | Date: | Hits: 198
Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......nths from the date of receipt of this order. No costs. The office is directed to communicate this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......e this order at once to the appellate Court. Ed. This Case is also Reported in: 51 DLR (1999) 552.......ere non-contesting in the pre-emption cases substitution of their heirs is not necessary. Against that orders of the appellate Court the pre-emptee petitioners have obtained the present Rules. So the question poses before this Court to decide whether the pre-emption proceedings under section 96 of t..Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
.... as a person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction by his landlord as a subsequent purchaser from a co-sharer without surrendering his possession to his landlord. As, in the instant case, it is found that the petitioner was a tenant un......€™ judgment and order dated 7-7-96 holding that: “it is established that as a person is a tenant he cannot be permitted during the continuance of the tenancy to resist a suit for eviction by his landlord as a subsequent purchaser from a co-sharer without surrendering his possession to his landl......ers. Not Represented — the Opposite Parties. Civil Revision Case No. 252 of 1998. Judgment Mahfuzur Rahman J. - This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge, 3rd, Court, Dhaka on 30-11-97 in Partition Suit No.176 of......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...Category: Property Law | Date: | Hits: 57
Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)
.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544....... the villagers. PW 5, the father of the accused, in his cross-examination claimed that the accused, and his other sons went to give labour for cutting earth and that he was in the field to plough his land on the date and on return therefrom found the deceased to have committed suicide. He failed to ......of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (1999) 544.......al Procedure and thereafter, he lodged a suo moto First Information Report in this case Exhibit-1 and he proved his signature thereto Exhibit-3/1. He proved the First Information Report of UD case in question Exhibit-5 and also the signature of the recording officer Exhibit-5(Ka)/1. In cross, he sai..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......erits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......its of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very clear from our judgment that the Rule was discharged on merits. Now the question poses before us, whether after signing of the judgment in a Criminal matter, can the case b..Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
.... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543....... said case which has already been decided on merits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......erits and the judgment has been signed is not maintainable. Therefore it is rejected summarily. Ed. This Case is also Reported in: 51 DLR (1999) 543.......its of the case as required in law provided under section 561A of the Code of Criminal Procedure. 4. In our view, it is very clear from our judgment that the Rule was discharged on merits. Now the question poses before us, whether after signing of the judgment in a Criminal matter, can the case b..Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....(3) of section 21 of the said Ordinance any person conducting an enquiry may enter into any premises of the person to whom the enquiry relates and call for and seized books of account or documents in possession of any such person. In exercise of such power respondent No. 2 as member of the Enquiry C......ioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. Case Referred to- Tourni vs. National Provincial and Union Bank of England (1924) 1KB 461. Lawyers Involved: Rafique-ul-Huq with Md. Zafarullah Chowdhury and Ahsanu......,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534.......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
.... 2. The petitioner Md. Matiur Rahman claims to have purchased one share of the Dhaka Stock Exchange Limited bearing share Certificate No. 000025 with rights attached to it inclusive of the right of possession of Room No. 212 of the Dhaka Stock Exchange Building from one Mrs. Rashida Hossain who wa......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......haka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......ion should be rejected on the general principle that it should be filed within a reasonable time and not after inordinate delay. 29. Mr. Rabindra Ghosh, lastly submits that in a case of a disputed question of fact an application under section 43 of the Companies Act is misconceived; the petitione..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....t of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/...... and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/1 in the Court off Munsif Moralganj seeking reliefs as aforesaid. The plaint case, in brief, is that schedule land belonged to Olimuddin and Alimuddin, the two brothers. They settled 4.41 acres of land to Safar......€¦â€¦â€¦..Opposite Parties Judgment March 3, 1999. Cases Referred to- Nibaran Chandra Ghosh and others vs. Pratap Chandra Chowdhury and others 44 CWN page 141; Janaki Nath More vs. Prabhasini Dasee ILR 43 Cal 178; AIR 1937 (All) 176, Bishan Dayal vs. Kesho Prasad; AIR 1937 (Patna) 324 Na......nulled before the under raiyat can be rejected. 7. In the above cited case in a suit for declaration of title and ejectment of the under raiyat brought by transferee from certificate purchaser the question was raised that an under raiyati created by sub-lease by a raiyat is thus an encumbrance ag..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....y. The sale was confirmed on 8-1-65 by the said Certificate Officer, The certificate is annexed to the petition and marked as Annexure-A. The certificate officer issued the certificate of delivery of possession and the possession of the land was handed over to the petitioner on 10-1-65. A copy of th......ulna vide Rev. Case No. 10 of 1985 should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The case of the petitioner is as follows: 71.25 acres of land under SA Khatian No.2 under Mouza Balabunia, Police Station-Dumuria, District Khulna was record...... and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......espondents filed VP Case No. 173 of 1987 (Khulna) before the Land Appeal Board. The Member-2 Land Appeal Board, by his judgment dated 25-4-89 (Annexure-E) allowed the appeal holding that the lands in question were recorded as canal and river and used by the people in general. The petitioner being ag..Category: Property Law | Date: | Hits: 107
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......Muslim Family Law Ordinance, 1961 was not a valid notice and also found that the marriage was still valid and decreed the suit and directed the parties to start with the conjugal life. 6. The sole question that was resolved by the Courts below as to whether the notice of divorce sent to the Chair..Category: Family Law | Date: | Hits: 180
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
....i on 9-3-65 sold his share in favour of the plaintiff by a registered Kabala. In this way the plaintiff got 0.¾ decimals of the suit property on 16 annas share. The plaintiff and his father while in possession and ownership of the same rented 3 Kotha in favour of defendant No. 1 Razzak and Keramat ...... Act Judge, Kishoregonj in Small Cause Courts Act Suit No. 1 of 1986. 2. The plaintiff filed the suit for eviction of the defendant from the suit premises. The suit premises measuring 0.01 acre of land was owned and possessed by one Abdur Rahman. He by a deed of sale sold the same on 6th Chaitra,......n Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510........ 2012 and he has further stated that Israil Bepari did not get share in the suit property. The learned Judge has observed that on the pleadings of both the parties it appears that there is a serious question of title involved in this Small Cause Courts Act proceeding. As the suit is a Small Cause C..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......fidavit evidence only, which should not be misunderstood as a final finding on the substance issues in the suit, which are to be determined by the learned trial judge, bearing in mind that, as the England’s’ Court of Appeal observed in the case of Fresh Fruit Wales Ltd. Vs. Halbert, (Times, 29th......der as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......plaintiff has filed the suit. He further submitted that inasmuch as the defendant No. 1 has no other money or property to honour any possible decree that may be passed in favour of the plaintiff, the question of adequacy of pecuniary compensation is but an utopia. 10. In reply, Mr. Rokanuddin Ma..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
.... Faruque Chowdhury and others, reported in 7 MLR 46 = 54 DLR 181, reiterated, "A final decree passed in a partition suit or amicable partition though separates and divides the land for the purpose of possession, but does not ipso facto terminate co-ownership in such land till subdivision of the hold......5 (a proceeding under section 24 of the Non-Agricultural Tenancy Act) disallowing the preÂ-emption. 2. Facts relevant for the purpose of disposal of this appeal, in short, are that 0.0913 acre of land appertaining to plot No. 4376 of CS Khatian No.883 and 0.1087 acre of land appertaining to plot......Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. Shafiuddin Chowdhury Vs. Md. Abdul Karim and others, 52 DLR (AD) 41; Sunil Krishna Banik and others Vs. Kail...... ‘co-sharership in the land' is material. A co-sharer in the land becomes entitled to pre‑empt under section 24(1) of the Act if any portion of such land is transferred to a stranger. A pertinent question, however, involved in the instant appeal, is whether the petitioner-appellant, who became a..Category: Property Law | Date: | Hits: 53
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
.... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... In the result, this appeal is dismissed and the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... the order of conviction and sentence is hereby affirmed. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 202. ...... system in the country. However, it may be mentioned here that in the suo motu first information report, so-called final report and charge sheet, same facts and circumstances were mentioned. 39. A question arose whether the police were required to lodge a separate first information report and a c..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....159 dated 26-Â6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The Accused petitioner failed to make over possession of the flat within the stipulated time and subsequently, on 6‑9‑1998 the accused peti......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......formed her that the agreement has been cancelled and a cheque bearing number 779197 dated 31‑10‑1998 for Taka 22,00,000 has been issued in her favour towards repayment of the money. The cheque in question was lastly presented for encashment on 3‑1‑1999 and on that date the same was dishonour..Category: Criminal Law | Date: | Hits: 28
Rustom Ali and others Vs. Hasen Ali and others, 2011, 40 CLC (AD)
....ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......ely, after keeping Photostat copies of all those documents in the office, duly attested by the Registrar. Ed. This Order is also Reported in: 16 BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......BLC (AD) (2011) 34 & 19 BLT (AD) (2011) 53. ......, was actually made on 27.01.2010 and the office of the High Court Division supplied it on 28.01.2010, to the petitioner. The petition for leave to appeal enclosing the said certified copy raises the question of limitation. Accordingly, the leave petition is dismissed as barred by limitation. ..Category: Criminal Law | Date: | Hits: 70
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
.... contingent of police force arrested the appellant from East Goran on information that he has been threatening local people with a shotgun. On interrogation the appellant disclosed to have had in his possession two pistols and one shotgun which he purchased from the United States of America where he......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......ssion of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298.......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...Category: Criminal Law | Date: | Hits: 54
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....tted the report of the CID Dhaka. 14. P.W. 2 Shova Rani Biswas in her examination-in-chief narrated the petition of complaint. 15. P.W.3 the husband of the complaint has stated that they are in possession of the case land since execution of the deed dated 3463/81. 16. P.W.4-6 corroborated t......oarder were taken presence of P.W. 7 Syamapada Sarker who is the son in-law of the complainant Soya Rani Biswas. 12. The defence case is that Sreemati, San Joarder, the admitted owner of the case land by Registered Deed No.4007 dated 6-4-81 transferred the case land to Nripendra Nath Biswas and ......st them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293.......itted the accused of the charges levelled against them. In the result, the Rule is discharged. Let the LC Records be sent down once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 293...Category: Criminal Law | Date: | Hits: 51
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