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....obtained an order of injunction from the First Court of the Subordinate Judge, Chittagong which was, however, vacated on 28-1-2001.
4. The respondent No. 1 filed affidavit-in-reply denying the claim made by the appellants to the effect that the respondent No. 1 is not a shareholder of the com......irecting the appellant Nos. 2 and 3 to purchase the share of the respondent No. 1 within 3 months from the date of assessment of the value of the shares of the appellant No. 1 company.
2. The aforesaid Matter No. 94 of 2000 arose out of an application filed by the respondent No. 1 under secti......ons were carried out through the aforesaid account (Annexure-C, C-1, C-2 and C-3 of the application) and the appellant No.2 started misappropriation of funds and refused to provide any account of the money received from the customers of the company and to cover the wrongdoings he, in collusion with ..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....evidence on both sides." The learned appellate has also given an option to the plaintiff to amend the plaint seeking specific relief about the unregistered Bainapatra by which the defendant No.4 claims title in the suit property. 8. On receipt of the suit back on remand the learned Assista...... and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1......ance and they were in enjoyment of their right, title and possession of the same. The defendant Nos.1 to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bainapatra for sale for 81 decimals of land on 3‑10-1971 and h..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....XVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of Other Class Suit No. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of sect......ia Khatun, Advocate-on-Record — For Respondent Nos. 1—8. Not represented— Respondent No. 9. Not represented — Respondents. Civil Petition for Leave to Appeal Nos. 336 & 337 of 2003. (From the judgment and order dated 5th Novemb......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....lause (a) of section 10 of the Premises Rent Control Ordinance prohibits the acceptance of any sum of money over and above the rent payable by a tenant. The said clause has also made illegal even any claim or invitation of an offer for the payment of such sum of money in the form of premium, salami ......nant a non-ejectable one and no interest other than tenancy right recognised by law could be created on payment of salami so as to prevent the tenant not liable to be ejected on specific legal ground for the purpose………………….(14) Case referred to: Munshi Amiruddin Ahmed vs. Begum...... the lease deed of the defendant. It is also mentioned in the said lease deed that in case of transfer of the suit shop rooms to the third party, the defendants would pay 10% (ten percent) upon total money to the plaintiff as the possession value which, amount shall be accepted by the defendants fro..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... subsequently cannot lease out any portion of that land to respondent No.8. Mr. TH Khan lastly submits that so long the decree passed in Title Suit No.5 of 1983 is in existence, the Government cannot claim any right, title and possession in respect of any land of CS Plot No.177. 7. Mr. Khandker......ted by the Secretary, Ministry of LA & LR and others Vs. Commercial Trust of Bangladesh Ltd. and others, 1994 BLD (AD) 72=46 DLR (AD) 83; Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others, 51 DLR (AD) 84. Lawyers Involved: TH Khan with......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....preliminary form and the final decree is awaiting. 4. It may be mentioned total land of CS Plot No. 151 corresponding to SA plot Nos.533 and 535 is 3.13 acres and out of that the plaintiffs are claiming 33 decimals and the defendant is also claiming the land of the same very CS plot correspon...... the judgment and decree dated November 27, 1985 of the 2nd Court of Munsif (now Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded ten......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... the plaintiff to defendant Nos.1 and 2 nothing but a complete usufructuary mortgage which created a legal right automatically in favour of the plaintiff to get back his land after 3 years and so the claim of defendant No.3 as bonafide purchaser for value without notice of the agreement under ......re mere defects or irregularities in the procedure and not an illegality when section 99 of the Code of Civil Procedure aims to prevent such procedural technicalities. Non compliance of the procedure for marking the exhibits and to prepare the exhibits list does not destroy the validity of the Court...... suit property to defendant No.3 on 22‑8‑72 at a consideration of Taka 3,000 and the said property is a homestead and the kabala document is collusive and the plaintiff tendered the consideration money which they refused to accept and thus the present suit was filed. 3. The suit was contest..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ......ion Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with...... Perused paragraph 6 of the application. Delay has been explained therein stating that after disposal of the appeal the old and sick petitioner has been suffering from various diseases, he later paid money to the engaged clerk of his learned Advocate for obtaining certified copy and for filing Civil..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... maintain their possession in the disputed land and no problem arose in between the parties so long and ultimately, the decree was passed finding the plaintiff-opposite parties in possession of their claimed land (6‑80 acre). Therefore, the civil Court was very much in seisin of the subject matter......levant facts are that, the present petitioners as first party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... not well founded. 16. Learned Counsel for the appellant submits that PW 1, father of the plaintiff Nos. 1 and 2, was not a competent witness to depose about the agreement for sale as claimed to have been entered into between the plaintiffs and the defendant No. 1 and consequently&n......7 (I of 1877), Section 27 In view of the provisions of section 27 as the defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the p......reement with the plaintiffs on January 22, 1981 to sell the said property for a total consideration of taka 1,00,000. In terms of the contract each of the purchasers has paid Taka 5,000 as earnest money and the defendant No 1 upon receiving the said earnest money executed bainapatra with the sti..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ...... Rule of Criminal Miscellaneous Case No.8505 of 2002 at the instance of AHS Rahman and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up ...... first information report case that Consociates Ltd. recommended the proposal of World Tel Holding Ltd., is good enough for installing 3 lacs telephone lines. It has further been alleged there was no money sanctioned for appointing consultant but Md. Nasim ordered to appoint consultant and arranged ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......tion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back th......No. 1 executed an Ekrarnama in favour of the plaintiffs; terms of the Ekrarnama was that the defendant No. 1 would reconvey the suit land to the plaintiff on receipt of the aforesaid consideration money within any Chaitra after harvest by 1377 BS the defendant No. 1 with an ill motive created so..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....er devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possession against defendants and others. Due to their inexperience and illiterac......rest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and possess......ha 1340 BS and Hossain Sarder executed another loan document on 15 Ashar 1339 BS for a loan of taka 140. Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and execut..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ......sult: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and......arties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....inanama dated 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations made in the plaint and claiming the property to be Government khas land recorded in khas khatian No. 1 and that during pend......ecord- For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Ahsanullah Patwary, Advocate-On-Record- For Respondent No.1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 983 of 2003. Judgment Amirul Kabir Chowdhury J.- This petition for l...... the plaintiff-respondent No. 1. The defendant Nos. 1 to 3 appeared and filed written statement stating, inter alia, that the plaintiff-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....or final acquisition had been published on 31‑8‑1960. The petitioners submitted application to the Chairman Rajuk to include their names in the list of 92 persons and to allot them plots as their claim stands on the same footing. The respondent No.1 Rajuk considered the case of 92 persons but ha......a. Plot No.76 comprising khatian No.1006 of Mouza No.291 PS Badda, Dhaka and also sought further direction to allot plots in line with 92 persons. 2. The petitioners purchased the land of plots aforementioned by different registered sale deeds in the year 1985, 1987‑1993. The petitioners obta...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....t done so the petitioner being guilty of latches in filing the writ petition only in 2001 same was bad for latches and delay, that the writ petition for all practical purposes being related to the claim for grade and promotion the same is not maintainable and that the matter of promotion is excl......or the Petitioner. Abdur Rab Chaudhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on- record- For Respondent No.5. Not represented-For Respondent Nos.1-4. Civil Petition for Leave to Appeal No.1910 of 2002. Judgment Md. Ruhul Amin J. - This petition for leav......light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......7(2) and (3) of President's Order 16 of 1972 and also under sections 4 and 5 (1) (a) of Ordinance No.54 of 1985. The Court of Settlement has wrongly approached these problems as if it was a Court for determination of title of the said house property. Cases Referred to- Zahir Miah (Md.)......recting the aforesaid vendors, namely Shamim Ahmed and Nasim Ahmed, to execute and register necessary sale deed in favour of the petitioner within 6 (six) days on receipt of the balance consideration money, Since the said vendors failed to execute and register necessary sale deed, necessary sale dee..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....ot be heard to say it did not agree to settle the disputes, if any that may arise out of execution, carrying out and/or completion of its subcontract by arbitration. Provisions for arbitration on the claims and disputes of the parties as provided in paragraph 20 of the main contract for construction......uit. Nor there could be expected of any such prohibition. Parties to an arbitration agreement may abandon by as hereunder, agreement to refer their disputes to arbitration or e discharged from the performance of the contract. The arbitration agreement may also be superseded. Civil suit is therefore,......ther proceedings of the suit. 2. Short facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit against the defendant, Mahkota Technology and others for a money decree of Taka 2,94,93,333.69 with interest at the rate of 20%. 3. Pursuant to summons, d..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
...... No.2. Annexure‑D‑2, refusing to give sanction to Special Case No.39 of 2004 in the Court of the Metropolitan Sessions Judge. Special Court Dhaka arising out of Complaint Petition No.3795 of 2003 for proceeding with the case against the respondent Nos.5 and 6 and the impugned order dated 9‑5â€......factum of the case as stated in the petition of complaint that respondent No.5 was inimical to the petitioner from before as respondent No.5 often used to send his men to the petitioner for extorting money by way of gratification with the threat that if his demand was not met transport business of t..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
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