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....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.......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......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...
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.......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......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...Category: Property Law | Date: | Hits: 58
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....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.......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.......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..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.......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...... 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 ..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.......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......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..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.......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......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..Category: Criminal Law | Date: | Hits: 52
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....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.......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......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..Category: Company Law | Date: | Hits: 194
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....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.......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.......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..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......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......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..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ 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......and Administration Board by Annexures ‘C’, ‘E’ 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. ..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.......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......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...Category: Family Law | Date: | Hits: 180
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........ 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...... 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...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. ......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......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..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....... ‘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......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...Category: Property Law | Date: | Hits: 53
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....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.......suit or other legal proceedings shall be instituted or commenced against such registered trade organisation (or any member thereof or any member of the Executive Committee of such trade organisation) questioning the validity or propriety of any act or proceeding of such trade organisation or of the ......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..Category: Civil Law | Date: | Hits: 74
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. ...... 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......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 ..Category: Criminal Law | Date: | Hits: 44
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....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.......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......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...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. ......, 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. ......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. ..Category: Criminal Law | Date: | Hits: 70
Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)
....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.......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.......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-..Category: Criminal Law | Date: | Hits: 54
Abdul Hoque (Md.) Vs. Md. Abdul Gani alias A Gani, 2000, 29 CLC (HCD)
....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.......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....... 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..Category: Trust/Waqf Law | Date: | Hits: 174
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