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Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....s both seen and taken together would not bar the respondents to register the appellant's share. In view of the above the appeal is allowed without any order as to costs. Ed. ...... that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchange is impossible………..(27, 29 &a......e Controller was abolished by section 11 of the Securities and Exchange Commission Act, 1993 and latter is substituted for Controller of Capital Issues in respect of all contracts, instruments and deeds. Further, all things done by the Controller of Capital Issues shall be deemed to be done by S..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......uel consumption, rates of fuel purchased, wages, supplies and costs relating to running of the vessels, other costs, administrative expenditures, payment to ICB and BSRS and other liabilities, the sale of one of the vessels and year by year projected profit and loss account and summary of the la......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......Vs. Md. Siraj Miah and other............Respondents Judgment February 4, 2003. Result: The petition is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 12 In case of sale of immovable property, the court ordinarily does not take into consideration the increase of ma......Contract stating, inter alia, that the defendant No.1 (hereinafter referred to as petitioner) was the owner of the suit property described in the schedule of the plaint on the basis of the registered deed of Heba‑bil‑Ewaz No. 40287 dated 15‑12‑1980 and also by inheritance. The defendant No.1..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....ch is, in effect, an administration suit. I do not think that a suit on a mortgage or pledge is in its essential characteristics anything but an administration suit of the same kind as a suit for the execution of a trust, for the administration of the estate of a deceased person, for the administrat......e pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the goods pledged on giving the pawnor reasonable notice of sale. But the court is not competent to make an order in a suit filed by the pawnee directing him t...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......6‑1981 from Hannan's heirs i.e. heirs of Abdur Razzaque's son. Abdur Razzaque's daughter Rowshan Akhter sold 167 aurjuthansa of land to Alfazuddin Ahmed pre-emptee on August 24, 1981. This sale has been sought to be pre‑empted by Abdul Gafur's sons claiming to be co‑sharers of......emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ...... acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by a registered deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7‑1‑1..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ......the negotiating bank, it becomes an independent agreement between the two banks, neither the seller nor the buyer has any privity to that agreement. It is by nature a Separate transaction from the sale agreement between the seller and the buyer. Consequently, the undertakings and obligation of a......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....d the land to the plaintiff got the Ekrarnama written by his assistant and thereafter put his signature in the Ekrarnama as the scribe. In the background of the facts of the case the probability of execution of the Ekrarnama by the plaintiff appears to be something queer, "n the state of the matte......gh, 1376 B.S. in favour of the plaintiff; that on the date of execution of the bainapatra Kamini Sundari Devi delivered possession of the land to the plaintiff; that subsequent to the agreement for sale with the plaintiff Kamini Sundari Devi sold the land to defendant No. 1 by a kabala dated March......or consideration in the appeal is how far in the background of the case of the respective parties and the evidence led from the side of the plaintiff, particularly the evidence of PW.2, scribe of the deed by which defendant No. 1 in the light of the compromise decree in the Title Suit No. 161 of 197..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....n of title to the shares in the appellant company in the stated circumstances of handing over of instrument of transfer of shares duly executed, delivery of the same with share certificate concerned, execution of letter of resignation from directorship of the appellant company, execution of debit vo......, therefore, interested. His presence at the transfer of the documents proved in the case. He claims to have brought the entire cash amount of Taka 5,60,000 in a briefcase and seen the transaction of sale as also the payment of the money to the petitioners, but fails to produce any account books con......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....7 the question arose as to whether the judgment‑debtor-respondents could seek the remedy by filing an application under section 151 of the Code of Civil Procedure wherein he challenged the execution proceeding itself as illegal and without jurisdiction and prayed for restoration of posses......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Secretary, Ministry of Works and another Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....defendant appellants submits first, that clause 22 and 23 of the registered lease deed in respect of the suit house, if read together, imply that prior written permission of DIT is necessary in execution of a bainapatra for sale and the High Court Division fell into an error of law in overlo......cific Performance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten) kathas 5 (five) chateaus, more or less, situated in the Gulshan Mod.......135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the averments, inter alia, that the respondent No. 2, Begum Mariam Iqramullah Khan, executed a deed of agreement in favour of the respondent No.1 on 11.7.1970 for sale of land measuring 10 (ten)..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ......,087.29 as compensation together with interest thereon, alleging breach of contract dated 29-9-1998 by the defendant No. 1 hereinafter referred to as the said contract; that the said contract was for sale of some jute goods of various qualities on the terms and conditions as mentioned thereon, inclu......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....rs seek leave to appeal against the impugned judgment and order of the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the execution proceedings. 2. The petitioners filed the application under Article 102 of th......ivil Procedure, 1908 (V of 1908), Order XXI rule 90 The petitioner could avail of the provision of Order XXI rule 90 of the Code of Civil Procedure in setting aside the auction sale on the ground of material irregularity and fraud. But such question of fraud and material irre......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 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: 54 DLR (2002) 556. ...... not adduce any evidence. 6. The defence case is total denial of the allegation. The further defence case is that, the victim PW 3 entered into an agreement with the appellant on 5-10-1996 for the sale of 22 decimals of land for Taka 25,000 out of which she took an advance of Taka 17, 0000 but sh......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: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....erials on record and that the appellate Court arrived at the erroneous decision upon the wrong presumption on a false and forged power of attorney which is not a document of title and that fact of execution and due authentication and registration having not been duly established, that from the p......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ...... office of the Munsif‑cum‑Magistrate, 1st Class, Udaypur, Tripura, that on their coming over to then East Pakistan they submitted the said Irrevocable Power of Attorney in the form of exchange deed in the Office of the Deputy Commissioner, (Revenue) Comilla and the same was duly re‑stamped..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....mpany took loan in pursuance, initially, of the MOU dated 14‑3‑1999 and it is also true that for various reasons it could not repay its debts as agreed earlier. Mr. Mahmud also could not deny the execution of the MOU dated 2‑6‑2000 but submits that since the relevant file was forcibly taken ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....desh) Ltd vs. Bangladesh reported in 31 DLR (AD) 266 has observed as under: "In the present case the petitioner, as claimed by him, is in possession of the property since the date of execution of Deed of Agreement for sale of the house in question dated 21-4-1968. The respondents ex......nd Mrs. Bandi shifted to 9/12 Salimullah Road, Mohammadpur Dhaka; that she received Taka 75,000 on 10‑2‑1971 and Taka 20,000 on 15‑1‑1974 and assured to execute and register a sale deed after obtaining necessary certificates; that in November 1985 she gave similar assurance b......s. Bandi shifted to 9/12 Salimullah Road, Mohammadpur Dhaka; that she received Taka 75,000 on 10‑2‑1971 and Taka 20,000 on 15‑1‑1974 and assured to execute and register a sale deed after obtaining necessary certificates; that in November 1985 she gave similar assurance but th..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
....e document, the document being admittedly made or executed by the petitioner himself, he cannot be convicted of forgery". 9. Since the petitioner in the reported case admitted the execution of the document that contained statement which was otherwise not true, the High Court Div......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ......#8209;on‑Record is the case of Adaikalammai vs Raman reported in (1909) ILR 32 Madras 90. Facts of the case is that A, who was not the son, natural or adopted, of the deceased B, executed a deed of mortgage of certain properties of B in favour of C. In the body of the document A was descr..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ......after, the Upazila Nirbahi Officer recommended on 21‑8‑2000 to the defendant No. 5 for construction of a building in Plot No 331. In pursuance thereof, the defendant No. 4 executed a deed of gift on 2‑10‑1‑000 in respect of 0.33 acres of land of Plot No. 33 1. Ther..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
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