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Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....ectly to appropriate to themselves money, property or advantages which belong to the company or in which the other shareholders are entitled to participate. In the instant Case as it appears from the facts, the materials placed before the Court that there has been total mismanagement and the affairs......me Court High Court Division (Original Civil Jurisdiction) Present: Md. Awlad Ali J Nafisa Choudhury……….Petitioner Vs. United Food Complex Ltd. and another………… Respondents Judgment December 12 & 13, 2000. Cases ......d to assume the office of the Managing Director for the greater interest of the company and he is functioning as the Managing Director under the supervision of the Board of Directors. But there is no evidence that the respondent No.3 relinquished the office of Managing Director. It further appears f..Category: Business or Commercial Law | Date: | Hits: 198
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....tter families in Mirpur (Annexure C & D) and projects in Islam Bagh, Rasul Bagh, Shahid Nagar are also undertaken by Government and financed by World Bank (Annexure-E). He submits that from above facts it is demonstrated clearly that the lives of petitioners and other slum dwellers of Balur Math......ported in: 53 DLR (2001) 63. ......nd quite illegally constructed slums therein creating problems. He points out that the lands are not Khas land, rather the lands were acquired by the government in LA Case No. 5/72-73 and 13/59-60 as evidenced from Annexure 3 series and those lands are now allotted to different persons by the govern..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....in Ahmed submits, that this is a fit Case for bail under proviso to section 497(1) of the Code. While appreciating the anxiety of Mr Ahmed on the health condition of the accused-petitioner we, in the facts and circumstances of the Case, are of the view that this is not a fit Case to exercise our jur...... (Criminal Revisional Jurisdiction) Present: Amirul Kabir Chowdhury J Md. Abdul Aziz J Nurul Islam Monzoor…………. Accused-Petitioner Vs. State and another……………………Opposite Parties Judgment December 5, 2000. ......e submits that the accused-petitioner being a former State Minister o the People’s Republic of Bangladesh has tremendous influence and if he is released on b there is a chance of tampering with the evidence besides taking advantage of the bail he is likely go abroad on the plea of treatment and th..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
.... confirmation of possession and not recovery of possession. On the aforesaid statements of PW 1, the plaintiffs have no chance of success in getting such relief. 15. Lastly, he submits that if the facts and circumstances of the Case necessitate any remand, the Case should be sent to the appellate......; others......................Petitioners Vs. Gani Howlader & others..............Opposite Parties Judgment December 3, 2000 Cases Referred To- Nawab Ali Dhakua Vs. Abdur Rashid and others, (1994) 14 BLD (AD) 229; Abdul Mannan and others Vs. Akram Ali and others, 43 DLR (AD) 12......aid application as irrelevant and belated. Mr Abdus Sobhan Tarafder also submitted that in the trial Court, the plaintiff proved their title and possession but the Trial Court without considering the evidence on record disposed of the suit on those mistaken statements as recorded. Appellate Court al..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....er section 115 of the Code. 9. In reply, Khaled Ahmed submits that the principle enunciated by the Appellate Division in the unreported Case cited by Enayet has no manner of application to the facts of the instant Case. 10. After patiently hearing the learned Advocates, going through t...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....r while he is performing his judicial function, in spite of his disapproval of his such egregious behaviour, may become highly improper, constituting punishable contempt. It all, however, ends on the facts and circumstances of each Case. In the instant Case, the facts as emerge from the order sheet ......minal Procedure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order da......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..Category: Criminal Law | Date: | Hits: 29
....should not be declared to have been made without any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper.
2. The facts as stated in the writ petition, in short, are that, the petitioners took a lease of 2(two) sto......
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
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Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....rule 11 of the Court of Civil Procedure are very much applicable. 8. Nurul Huq further submits that apart from the provisions of Order 7 rule 11 of the Code of Civil Procedure, considering the facts and circumstances of the Case, the Court can exercise its inherent power in order to settle th...... (2001) 29. ......y be mentioned that in the earlier suit dispute was raised as regards area of land sold in 1954-55 to the defendants in CS plot No. 371. After local investigation and after considering other material evidence on record both documentary and oral, it was clearly held by the trial Court, the High Court..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....etween the parties and if the dispute or a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts in dispute and the application of law to the facts so found. 11. Keeping in mind the defini......Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Ali Asgar Khan J Surendra Kumar Sinha J Shaher Khatun & ors ……… Petitioners Vs. State and another...............Opposite Judgment May 29, 2000. Cases Referred To- Ajit Kuma......nishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Criminal Law | Date: | Hits: 59
....d occurrence. The respondents cannot be held responsible on the basis of vague and indefinite allegation relying upon some press reporting and photographs which are not the conclusive evidence of the facts.
4. The respondent Nos.4, 5 and 6 contested the Rule by filing a separate affidavit-in-oppo.......
......e date of alleged occurrence. The respondents cannot be held responsible on the basis of vague and indefinite allegation relying upon some press reporting and photographs which are not the conclusive evidence of the facts.
4. The respondent Nos.4, 5 and 6 contested the Rule by filing a separate a..
Category: Constitutional Law | Date: | Hits: 264
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....nst the judgment and order dated 15.01.2008 passed by the High Court Division in Death Reference No.60 of 2004 heard with Criminal Appeal No.1339 of 2004 with Jail Appeal No.459 of 2004. 2. The facts, in short, are that deceased Most. Sabina Yasmin Rakhi was given in marriage to condemned pris...... (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J The State...............................Petitioner Vs. Md. Sadequl Islam Tusar and others .................Respondents Judgment April 6, 2009. Lawyers Involved: ......emned prisoner Sadequl Islam Tusar to go to Dhaka or Natore to live there. Out of frustration, Rakhi committed suicide. The accused are not involved in this case. 7. After close of recording of evidence of the prosecution witnesses, the accused on dock were examined under Section 342 of the Co..Category: Criminal Law | Date: | Hits: 43
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....is Petition for Leave to Appeal is directed against the judgment and order elated 09,08.2008 passed by the High Court Division in Writ Petition No.5291 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the respondent No.1 and the petitioner, Shaid Hamid, were marr......010) 130. ......ourt. On 07.04.2006 both the respondent No.2 and the petitioner appeared for counseling before the president of the reconciliation committee, who, however, expressed his opinion in their presence, evidenced by a letter issued in the month of April, 2006, that reconciliation for restoration of t..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
....t MM Ruhul Amin J.- By this petition the petitioner seeks review of the judgment dated 17.05.2007 passed in Civil Petition for Leave to Appeal No. 812 of 2004 dismissing the petition. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.109 of 1996 under section 96 of the State ......n-Record-For the Petitioner. A.K.M. Shahidul Huq, Advocate-on Record- For Respondent No.1. Not represented-Respondent Nos. 2-9. Civil Review Petition No.119 of 2007. (From the judgment and order dated 17.05.2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No...... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....e Civil Miscellaneous Petitions are directed against the judgment and order dated 28.02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001 making the Rule absolute. 2. The facts, in short, are that the writ petitioner International Oil Mills Limited, a company incorporate......J Mr. Abul Hashem .......................Petitioner (In Civil Petition No. 2324 of 2008) Vs. International Oil Mills Limited represented by its Managing Director, North Patenga, Bandar, Chittagong and others .........Respondents (In Civil Petition No. 2324 of 2008) Bangla......es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ..Category: Property Law | Date: | Hits: 33
Mithu Vs. State, 2009, 38 CLC (AD)
.... against the judgment and order dated 9th November, 2008 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 560 of 2007 by which leave petition was dismissed. 2. The facts leading to presentation of the review petition are that the petitioner along with other accuse......Senior Advocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by this Appellate Division in Criminal Petition for Leave ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....e to Appeal No.38 of 2009 has been filed by the State on the ground of inadequacy of sentence and both the petitions having been heard together are being disposed of by this judgment. 4. The short facts of the case are as under:- The deceased Joyanti Munshi daughter of informant Lusil Sadekin was......ment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......olice Station Case No.24.01.2004, arose out of the incident of road accident the ambulance carrying the dead body of the deceased to the morgue faced. 11. The learned Judge on consideration of the evidence on record and the facts and circumstances of the case convicted and sentenced the accused a..Category: Criminal Law | Date: | Hits: 100
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... and order dated 04.03.2009 passed by the High Court Division in First Miscellaneous Appeal No.33 of 2006) Judgment ABM Khairul Haque J. - This is an application for leave to appeal. 2. The facts of the case leading to the filing of this petition, in brief, are that on 03.10.2001 the pri......hammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J A. K.M. Hasanuzzaman.............Petitioner Vs. Mr. Abdur Rab Chowdhury and others…….. Respondents Judgment February 14, 2010. Lawyers Involved: Mahbubey Al......he car. 4. The said claim case being renumbered as the Claim Miscellaneous Case No. 27 of 2003 was transferred to the Claims Tribunal and the Court of Special District Judge, Comilla. After taking evidence adduced on behalf of both the parties, the miscellaneous case was allowed in part by the Cl..Category: Civil Law | Date: | Hits: 96
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....ictim are simple in nature. The sentence of life imprisonment on the convict-appellants, who are in jail last for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and circumstances of the case and the overt-act on the part of the review petition. The appl......ppellate Division (Criminal) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Matin Sarker @ Mathin and another……….............Appellants Vs. The State………………………........d 307 and such offence has to be tried either under Section-326 or under Section-307 of the Penal Code having regard to prevailing circumstances. Considering the facts of the case as made out and the evidence on record we are of the view that Section 307/34 is applicable in the instant case, since a..Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....to appeal in respect of the judgment and order dated 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. H...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Farid Khan…………………….................Petitioner Vs. Md. Delower Hossain and others…..........Respondents Order March 14, 2010. Lawyers Involved: ......decree dated 24.03.1999. Being aggrieved, the defendant Nos.1 to 3, preferred the Civil Revision No.371 of 2000 in the High Court Division. 4. The High Court Division found that no documentary evidence was filed from either side. From the oral evidence on record he found that Abdul Jabbar die..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....ment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.76 of 2001) Judgment ABM Khairul Haque J.-This is a petition for leave to appeal. 2. The facts leading to the filing of this petition, are, in brief, that the respondent Nos.1 to 3 filed a ...... Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Md. Sahfuzul Islam alias Shafizul…………….....Petitioner Vs. Md. Amjad Hossain and others.....................Respondents Judgment October 23, 2009. Lawyer......Rule was also discharged by the judgment and order dated 18.03.2009, concurring with the judgments and orders passed by the Courts below. 4. The learned Assistant Judge on consideration of the evidence on record found that the Nadabi deed is a forged one, that 0.1112 acres out of the suit-lan..Category: Property Law | Date: | Hits: 21
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