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President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....oronation Hall Committee has been recorded for sixteen anas of the suit land, although in the C.S. Khatian the Coronation Hall Committee was a mere occupant or licensee as distinguished from a tenure-holder or Raiyat only to use the suit property for the specific purpose to observe the event of coro......ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ing an independent substantive public office, or franchise, or liberty is called upon to show by what right he holds the said office franchise or liberty; if the inquiry leads to the finding that the holder of the office has no valid title to it, the issue of the Writ of quo warranto ousts him from ......the case of Shamsul Huq Chowdhury Vs. Justice Mohammad Abdur Rouf where similar arguments were advanced that they render serv­ice towards the Republic and get their remuner­ations from the Public Exchequer and, there­fore, they hold office in the service of Republic. A Division Bench of this Cour..

Category: Employment/Service Law | Date: | Hits: 92

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

....rit. He reported that possession could not be delivered as the judgment debtors and their men resisted the execution of the writ for delivery of possession. Notwithstanding such a report the decree‑holders made no application to the executing Court complaining of the resistance. However, the petit...... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63...

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ...... Professor the difference in salaries earned by him with affect from 18.6.91 as Professor of Computer Science and Engineering on 30th June, 1991 (Annexure D) and the petitioner on receipt of the said cheque amounting to Tk. 64.94 deposited the same in his account of the BUET Branch of the Sonali Ban..

Category: Employment/Service Law | Date: | Hits: 155

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

.... between the two brothers, one brother and his sons and wife transferred their shares to the respondent No.1 terms and conditions as laid down in the two agreements. Petitioners were the real share‑holders like the respondent No.1 in the company. This was some sort of package deal in between the m......ner No.1 as per terms of the agreement. It is difficult to understand why Mr. RN Chakraborty was dragged in this matter of payment of money to the petitioner No.1. Respondent No.1 could have issued a cheque or bank draft in favour of the petitioner No.1 and sent it by registered post. If it was refu..

Category: Company Law | Date: | Hits: 159

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....ngladesh, the actions of the respondents are violative of the provisions thereof. He has also submitted that whenever any passport is issued and delivered to a citizen, it becomes the property of its holder and in that, cancellation of the passport of the petitioner, is also violative of Article 42 ...... been laid down either in the Passport Order or the Rules framed thereunder regarding cancellation or revocation of a passport of a citizen. That does not mean that the relevant law has given a blank cheque to the passport authority to deal with the matter in any way they like. The Passport Order it..

Category: Constitutional Law | Date: | Hits: 288

Mohammad Mofizuddin Vs. Mohammad Firoj Alam and another, 1991, 20 CLC (HCD)

....n, Jessore to Civil Prison for 1 (one) month in a proceeding Under Order 21 rule 32(1) of the Code of Civil Procedure marked as Miscellaneous Case No. 85 of 1985. The case was commenced by the decree holder in Title Suit No. 138 of 1982 on the allegation that the said defendant wilfully violated the......of such a power. The Rule is, therefore, made absolute without, however, any order as to costs and the impugned order is set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 36. ..

Category: Civil Law | Date: | Hits: 84

Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)

....is heirs became the owner of 5,000 shares, so none of them is fit to be the director and in fact none became the director. As per article 14 of the Articles of Association an heir of a deceased share-holder can become a share-holder only when the Company approves the same but the heirs of deceased S...... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ..

Category: Civil Law | Date: | Hits: 86

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....shed an auction notice in the Daily Janakanto on 9.5.2008 for sale of the said property with some other properties. On enquiry he came to know that Bangladesh Shilpa Bank, Pabna branch being a decree holder in an Artha Rin Suit filed Execution Case No.7 of 1995 in the Artha Rin Adalat, Pabna and in ......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)

....d Paisa sixty) only as calculated on 30.6.1991. The said suit was decreed on 10.11.1993, the preliminary decree was signed on 17.11.1993 and the final decree on 27.6.1994. 3. Thereafter the decree holder-bank put the decree in execution by filing Mortgage Execution Case No. 14 of 1995 in Artha Ri......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 84

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....17 years, student of Intermediate, Nishat Tasnim, aged about 13 years, stu­dent of Class-VI, Nabila Tahsin, aged about 9 years, student of Class-II and his wife and old parents; that he is a service holder of Bangladesh Krishi Bank, if he is convicted and sentenced with imprison­ment for a term ex......suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....d decree of the Title Suit No.34 of 1962 which was dismissed. The Title Execution Case No.68 of 1964 instituted by Ishaque Ali the predecessor of the defendants was still pending. Ishaque Ali, decree-holder of Title Suit No.34 of 1962 died on 21.02.1988 leaving as heirs. Osman Ali and Goleza Khatun ......rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302...

Category: Property Law | Date: | Hits: 65

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ...... rent regularly from November, 1986. On repeated requests the respondent‑company issued an Account payee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for encashment. Thereafter the petitioner issued..

Category: Company Law | Date: | Hits: 190

Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)

....t the Executing Court to proceed with an Execution Case which was disposed of by the Executing Court by the order under appeal on the ground that the decree was fully satisfied as one of the decree‑holders got delivery of possession of the disputed building on the reasoning that no appeal lies fro......ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ..

Category: Procedural Law | Date: | Hits: 81

Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)

....in 7 DLR 94, wherein it has been held that: "Possession under a mistake or invalid title is as effective as that of a trespasser, and, if sufficient in the length of time and continuity, gives the holder a good title. Under Article 14 of the Limitation Act time begins to run against the rightf......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...

Category: Property Law | Date: | Hits: 71

Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)

....rder directing the respondent‑company for the rectification of the Share Register of the Members of the company by inserting the name of the petitioner‑corporation in the said register as share‑holder and owner of 11,200 shares after issuing and delivering the Share Certificates in favour of t......further directed to issue and deliver the necessary share certificates in favour of the petitioner ­corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..

Category: Company Law | Date: | Hits: 208

A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)

....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......d in the case by Assistant Vice President of the Bank accused Keramat Ali under whose instruction he paid various amounts to his favoured parties having no credit balance in their accounts, accepting cheques from them without entering the same in the records causing regular cash shortage in the bank..

Category: Criminal Law | Date: | Hits: 91

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......Bangladesh Bank's Circulation No.14 dated 4.7.89 deliberately opened both current and fixed deposits like a commercial bank in the said non‑banking Institution BCI Limited and allowed withdrawal by cheques and slips which is a criminal offence punishable with a maximum imprisonment for 7 years. Th..

Category: Criminal Law | Date: | Hits: 125

Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)

....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......de, now pending in the Court of Metropolitan Magistrate, Chittagong. 2. The facts leading to the filing of this petition for leave to appeal, in brief, are that on the allegation of dishonour of a cheque, the Chief Metropolitan Magistrate, Chittagong, forwarded the said complaint petition to Kotw..

Category: Criminal Law | Date: | Hits: 50

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......7.00. The further case of the plaintiff is that he used to maintain a Current Account No. 3870 with the Khatunganj branch of defendant No. 1 bank with sufficient Credit balance The plaintiff issued a cheque ­on 8.11.80 in his said Current Account for Tk. 60,00.00 in favour of one Mr. Ruhul Amin and..

Category: Civil Law | Date: | Hits: 83