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....te granted under sub-section (4) or (4A) by the prescribed Revenue Authority shall absolutely vest in the Government on the date when the Government shall take a decision in favour of the certificate-holder on an application submitted by him for granting a lease on a long term basis in respect of su......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
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Category: Procedural Law | Date: | Hits: 68
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....olicy is inaccurate or false unless the insurer shows that the statement is material or facts were fraudulently suppressed by the policy knowing them to be false. Section 46 of the Act, empowers a holder of policy to sue for any relief in respect of the policy in any Court of competent jurisdicti......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....maintainable. Reading various sections of the Insurance Act, 1938, shortly, the Act, and elaborating the point, he submitted that the plaintiff cannot come even under the definition of a ‘policy-holder’ under section 2(13D) of the said Act without a valid assignment of the policy under sectio......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....before this Court for the purpose of proving the genuinity of execution of Exhibit No. 9. As the defendants categorically denied the execution of this document the onus to prove the same lies on this holder of the plaintiff under the Provision of Section 103 of the Evidence Act, 1872 who did not pro......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......price which was accepted. It is also stated that on the approval of the Managing Director of the Bangladesh Shilpa Bank on 8-6-1999 the said purchaser deposited a bank draft of Taka 10 lac and gave a cheque of Taka 5 lac for remainder encashable within December, 1999. On 27-10-1999 said purchaser su..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....ration money which the plaintiff refused and hence the said Safiuddin Bhuiyan denied to execute and register the required sale deed. Hence the suit and that the said Safiuddin Bhuiyan, the attorney holder, filed the written statement in the suit admitting the averments made in the plaint. The defe......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
.... to take her back and he did not take any care of his daughter. An able and solvent father is always bound by law to maintain his daughter. DW I claims himself to be a well-to-do person and a service holder having also some landed property. The plaintiff in this suit prays for maintenance of Taka 20......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....vidence will not help him to prove his case. 27. On the other hand, the contesting defendants examined 2 DWs, DW 1 Abdul Sabur Howlader is defendant No. 12 and DW 2 Chan Fakir is a contiguous land holder. DW 1 deposed in support of the contention of the contesting defendants and DW 2 deposed corr......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....dit in question. 69. Lastly, he submitted that the KEB having negotiated the documents in both cases finding them in order and conforming with the letters of credit, the KEB must be held to be holder in due course and entitled to payment under UCP 400. 70. On behalf of first defendant,......of the Negotiable Instruments Act, 1881 (Act XXVI of 1881) defines- 'Holder in due course' means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before it became..Category: Business or Commercial Law | Date: | Hits: 289
....nts made in this petition. It is stated that the address of the petitioners were not given in the cause title of the petition inasmuch as the petition is incompetent as filed by the power of attorney holder. The grounds taken in the petition are not legally tenable and, as such, the Rule is liable t...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
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Category: Business or Commercial Law | Date: | Hits: 251
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......llegally opened a CC Account No. 2 in the name of aforesaid Tenico Industries Limited Later on, accused-appellant Abul Khair with the help of other accused persons misappropriated Taka 10,00,000 vide cheque No. 050672 dated 2-7-1985. Taka 10,00,000 vide cheque No. 050673 dated 2-7-1985, Taka 10,00,0..Category: Criminal Law | Date: | Hits: 53
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....he Writ Petition No.7916 of 2008 under Article 102 of the Constitution, challenging the legality of the aforesaid order passed by the Artha Rin Adalat, setting aside the ex parte decree. The decree-holder, however, did not challenge the order of restoration. 5. The High Court Division after hea....... 2. It appears that the Uttara Bank Ltd. the reapondent No. 3 herein obtained an ex-parte decree in Artho Rin Suit No. 293 of 2003 against Sonali Bank, the petitioners, on the allegation that the cheques issued by Chittagong Tobacco Company Ltd. in favour of Prime Global Ltd, the defendant-respo..Category: Civil Law | Date: | Hits: 102
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....am would act as the Editor until further decision: Mr. Anwar Hossain, in spite of his becoming a Minister, wanted to continue as the Editor but did not get any support from the Directors and the Shareholders of the Company. In this situation, the Directors and the Shareholders of the Company passed ......ompany is facing serious problem, in operating its bank account since without the joint signature of the two executive directors the bank account cannot be operated. Mr. Anwar Hossain refused to sign cheques to avoid being found to be on the wrong side of the law by retaining the post of Executive D..Category: Information Technology Law | Date: | Hits: 324
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....t Order No.1M-35/71/ B dated 26-12-1971 the management of the company M/S Helal Jute Press Ltd. was taken over, though the company is a Bangladeshi company and that on his return the respondent No.2, holder of 54000 shares out of 85000 shares, made representation to the Government for release of the......ntenance of the godowns within 10 months be set aside. There shall be no order as to cost. Ed. This Case is also Reported in: 8 LG (AD) (2011) 70, VIII ADC (2011) 376, 31 BLD (AD) (2011) 86. ..Category: Property Law | Date: | Hits: 128
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.....R.O. No. 273 Ain/2002 dated 2-10-2000 being violative of the fundamental rights as guaranteed by the Constitution. 2. The petitioner filed the above writ petition on the averment that he is the holder of licence of Nikah Registrar of Ward Nos. 39 and 99 of Dhaka City Corporation which has been......ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..Category: Civil Law | Date: | Hits: 105
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
....oner, Comilla) being Appeal No. চে ০৮/২০০৮ and the Appellate Authority upon hearing the parties, dismissed the appeal by the order dated 20.12.2008. The petitioner is one of the share holders and Directors of M/S. Moinmati Textile Mills by inheritance. The Company was established in ...... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ..Category: Election Law | Date: | Hits: 116
....e of both the parties as made out in their respective pleadings we need to fram the following issues for determining the matter in controversy between the parties:-
i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No. 20 of 1985 pending b......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 110
Asaduzzaman (Md.) Vs. Md. Salamatullah & others, 1999, 28 CLC (HCD)
....quashed. In the result, both the Rules are made absolute. The proceedings of CR Case No.555 of 1996 and CR Case No.65 of 1996 are quashed. Ed. This Case is also Reported in: 52 DLR (2000) 530....... 1995 from the complainant and on demand the accused made payment of Taka 4,80,000.00 on different dates. Thereafter, the accused came to the complainant on 2-7-95 at about 10-00 AM and handed over a cheque of Taka 26,11,303.00 in favour of the complainant which was deposit by the complainant in ban..Category: Criminal Law | Date: | Hits: 46
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....on. She died leaving two sons, defendants No.1 and 2 who are opposite parties Nos.2 and 3 herein as her only heirs and legal representatives. 4. It was also stated that the plaintiff was a service holder and he could not wait for completion of the negotiation and left for his service leaving Taka...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....r Habib with Md. Zainul Abedin and Shahanara Begum, Advocates—For the Opposite Parties.
Civil Revision No. 3859 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule was obtained by the (decree-holders) defendants upon making a revision application under section 115 of the Code of Civil Proced...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
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