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Category: Company Law | Date: | Hits: 198
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....tition Suit No.176 of 1995 staying all further proceeding of Execution Case No. 16 of 1995 pending in the Court of the Assistant Judge, 3rd Court, Dhaka till the disposal of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before th...... Atiqullah………………………………….Opposite Party Judgment June 6, 1999. Result: The Rule is made absolute. Case Referred to- Md. Atiqullah Vs. Mrs. Sanawara Begum and others, 1996 BLD (AD) 260. Lawyers Involved: Mahmudul Islam, Advocate — For the Petition......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)
.... prima facie case was made out against him. 3. The case record ultimately came to the file of the learned Sessions Judge, Faridpur, who in consideration of materials available on record as well as facts and circumstances of the case framed charge under sections 302/201 of the Penal Code and read ......Kalam Mollah…………………………… Appellant Vs. State………………………………………….. Respondent Judgment June 15, 1999 . Case Referred to- Zaheda Bewa and another vs. State, 37 DLR 66 =1985 BLD 9. Lawyers Involved: Md. Khurshid Alam Khan, Advoca......ssional statements of the accused appellants is neither true nor voluntary inasmuch as the same is the product of physical torture. 6. The learned Sessions Judge thereafter in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused appell..Category: Criminal Law | Date: | Hits: 32
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....ing the ground taken in the application of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as req...... Abu Sayeed Ahammed J. - This Criminal Miscellaneous Case No. 1332 of 1998 was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. ...... 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...Category: Criminal Law | Date: | Hits: 55
Mostafa Aminur Rashid Vs. State, 1999, 28 CLC (HCD)
....ing the ground taken in the application of the Miscellaneous Case under section 561A of Code of Criminal Procedure for quashing. The judgment passed by this Court contains not only discussions of the facts and circumstances of the case but also there is discussion as to the merits of the case as req...... Abu Sayeed Ahammed J. - This Criminal Miscellaneous Case No. 1332 of 1998 was filed under section 561A of Code of Criminal Procedure by the present petitioner Mostafa Aminur Rashid which was heard and disposed of by this Bench on 2-2-99. Against that the Criminal Petition for Leave to Appeal No. ...... 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...Category: Criminal Law | Date: | Hits: 52
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....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....... Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hussain J Khurshid Alam…………………………………Petitioner Vs. Securities and Exchange Commission and others……………….. Respondents Judgment July 26, 1999. ......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)
....al principle that it shall be filed within a reasonable time and not after inordinate delay. What is a reasonable time or an inordinate delay is left to be determined by the Court on consideration of facts and circumstances of a particular case. Two decisions of the High Court Division, given by two......0.......ave observed that: “Although section 38 of the Companies Act empowers the Company Court to rectify share register it is well settled that a suit is not barred thereby, especially when detailed evidence is to be taken to settle issue of fact.” 32. In other words, their Lordships in the Ap..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....rpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. 2. Short facts relevant for the purpose of the case are that, the opposite party No. 1 as plaintiff institute...... is also Reported in: 51 DLR (1999) 527.......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527...Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....yati created by sub-lease by a raiyat is thus an encumbrance against a transferee from the certificate purchaser of the raiyat and must be duly annulled before the under raiyat can be ejected. In the facts of the case prayer for ejectment was refused for not having annulled the encumbrances by notic......re will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......to agreements for sale with the defendant No. 15 by two registered sale deeds dated 7-9-83 and the defendant has been in possession and enjoying the land on payment of rent. 4. The parties adduced evidence to the best of their ability. The learned Assistant Judge upon considering the averments pu..Category: Property Law | Date: | Hits: 98
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510....... For the Petitioner. Abdul Aziz Chowdhury, Advocate — For the Opposite Parties. Civil Revision No. 1000 of 1987. Judgment Qazi Shafiuddin J.- This Rule is directed against the judgment and decree dated 24-5-87 passed by the Senior Assistant Judge and Small Cause Courts Act Judge, Kish...... to the extent of 0.¾ decimals in dag No. 2021. In this way the learned SCC Judge decided the title in favour of the plaintiff in respect of the suit land. The learned Judge simply said that by oral evidence the plaintiff proved that the defendant has got no title in the suit property at all but he..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ine the ratio of the decisions in Sarhind Garments Case, as well as in the case of Tarapore and Co. Vs. Tractorexport, Moscow (AIR 1970 SC 891). In Uttara Bank Vs. Macneil and Kilburn Ltd., where the facts are somewhat different in that, a letter of guarantee, issued by a local bank at the instructi......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......are released, because in that event the said defendant would be financially better off to pay such a decretal amount. He however, submitted that no such chance of success is apparent from prima facie evidence. 11. The plaintiff/appellant’s case, in short, is that insofar as the defendant No. 1 ..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......vision (Civil Appellate Jurisdiction) Present: Gour Gopal Saha J Sheikh Rejowan Ali J Shah Alam (Md.)…………………………..………..Appellant Vs. Md. Shahidur Rahman and others…………..Respondents Judgment February 9, 2003. Cases Referred To- Md. S......e said mutation proceedings separating the old holding and two newly opened khatians as annexures A, A (1), B, B (1) and C, C(1) respectively and prayed for receiving the said documents as additional evidence regarding separation of the said jama. But the appellate High Court Division refused to rec..Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....d decision did not consider section 12 of the Ordinance. 9. The decision reported in 1999 BLT (AD) 153 dealt with section 42 of the Specific Relief Act and has got no manner of application in the facts and circumstances of this case. 10. If the statute provides for a separate forum, that foru......igh Court Division (Civil Revisional Jurisdiction) Present: ABM Khairul Haque J Shaikh Ansar Ali & others……………………...........Petitioners Vs. Md. Tofazzal Hossain and others…………….........Opposite Parties Judgment January 13, 2003. Cases Referre......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211...Category: Civil Law | Date: | Hits: 74
Abdur Rouf @ Rab Howlader Vs. State, 2003, 32 CLC (HCD)
....n the administration of criminal justice delivery 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 ......t Vs. State……………………………………………………………..……..Respondent Judgment February 25, 2003. Cases Referred To- Ismail Sarker alias Sudan Member and others Vs. State, 33 DLR 320; Rahman Vs. The State of UP, AIR 1972 SC 110; State Vs. Sree Ranjit......n alias Chan Mia, Lutfor Rahman and recorded their statement. He visited twice the place of occurrence. He had no idea whether Joynab Begum lodged any case. 31. After conclusion of the prosecution evidence both the accused were examined under section 342 of the Code of Criminal Procedure, to whic..Category: Criminal Law | Date: | Hits: 44
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....o appellant Kawser Alam Khan by the Metropolitan Special Tribunal No. II, Dhaka in Special Tribunal Case No.3610 of 1997 and Special Tribunal Case No.7841 of 1997 respectively arising out of the same facts giving rise to GR Case No.3424/5 (Purba) 98 corresponding to Subujbagh PS Case No. 61 of 21-7-......………..Respondents Judgment April 3, 2000. Lawyers Involved: Tofail Ahmed with AKM Shamsul Huq, Advocates—For the Petitioner. Syed Abu Kowsar Assistant Attorney-General with Khandakar Mahbub Alam, Assistant Attorney-General—For the State. Criminal Appeal No. 196 of 2000 ......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
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
.... passed appointing opposite party as Mutwalli. The court of appeal below not only failed to notice this material fact but failed to notice either section 27 or 32 of the Waqf Ordinance. 14. In the facts and circumstances of the case, the Waqf Administrator acted beyond his jurisdiction in cancell......titioner. Not represented— the Opposite Party. Civil Revision No. 1007 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the petitioner, Abdul Hoque against the Judgment and Order dated 8-11-86 passed by Additional District Judge, 1st Court Dhaka in Miscellaneous Appeal......ute. No costs. The records of the case, be sent down to the office of the Waqfs Administrator for taking necessary action forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 295...Category: Trust/Waqf Law | Date: | Hits: 174
Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)
....ot compared the disputed signatures by itself nor the finger print expert was examined. Nor the finger prints forwarded to the expert were taken as per order or in presence of the Court. Under the facts and circumstances conviction based solely on such report are liable to be set aside. Accord...... High Court Division (Criminal Revisional Jurisdiction) Present: Kazi AT Manowaruddin J Amirul Kabir Chowdhury J Sobha Rani Biswas………………..…….Petitioner Vs. State and others……………………………….Opposite Parties Judgment July 13, 1999. Law...... aforesaid Judgment and order of conviction all of the accused preferred appeal before the learned Sessions Judge. And the learned Sessions Judge after hearing the parties and on consideration of the evidence on record allowed the appeal and set aside the Judgment and order passed by the trial Court..Category: Criminal Law | Date: | Hits: 51
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ial Court to arrive at such a finding relying on the notes appearing in the book, “Law on Partition”, Third Edition, published by Dhaka Law Reports, without citing the case law or elaborating the facts therein which has caused a failure in the decision occasioning a failure of justice. The learn...... 54 DLR (2002) 606.......nt-petitioner and the said application was rejected by the trial Court and the defendant petitioner did not move the higher Court against the aforesaid order. However, the trial Court after recording evidence and hearing the parties vide its judgment and decree dated 30-4-1986 decreed the suit in pa..Category: Administrative Law | Date: | Hits: 210
Rupali Bank Ltd. Vs. Chairman, Second Labour Court, Dhaka, 2001, 30 CLC (HCD)
.... are of the view that the appointments of such employees cannot be termed as probationers inasmuch as the appointments were not given against any permanent or sanctioned post of the Bank, The further facts is that the number of temporary posts like godown keeper/chowkidar increases/decreases dependi......4186 & 4092 of 1998). Mahbubul Haque, Advocate—For Respondent No. 2 (In all Writ Petitions). Writ Petition No. 1303 of 1996, Writ Petition No. 1657 of 1998, Writ Petition No. 4186 of 1998 and Writ Petition No. 4092 of 1998. Judgment SAN Mominur Rahman J. - These 4 (four) writ petit......e not their employees but were temporarily appointed on the account of the borrowers and their service ceased with the adjustment of the borrowers loan account. The Labour Court after considering the evidence on record, the nature of works done by the petitioners and the submission made by the learn..Category: Labour and Industrial Law | Date: | Hits: 134
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....ust and proper decision in the case. We are further of the view that even if the petitioner's Advocate agreed on a prior occasion that he would not adduce further evidence but on consideration of the facts and circumstances of the case and after examining the petitioner if the petitioner considers i......nt: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Invol......templated under section 10(5) of the Ordinance. He then submits that in view of the impugned order passed by the Court of Settlement the petitioner has been deprived of adequate opportunity to adduce evidence and prove before the Court that the deed of sale in his favour was executed by aforesaid Sy..Category: Property Law | Date: | Hits: 59