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....…..Opposite
Parties
Judgment
February 23, 2005.
Result:
The rules are discharged.
Cases Referred to-
Md. Ibrahim Vs. Md. Alauddin and others,
27 DLR 413;
M/s. Dulichand
Omaraolal Vs. Bangladesh, through the secreÂtary, Ministry of Industries and
others, 33 DLR ......taining the ex parte decree in Title Suit No.346 of 1977 on
5.6.1980 the plaintiff of the earlier suit went to mutate their names through
the S.D.O. Dhaka when the circle Officer (ReveÂnue) made a note that the names
of the plaintiffs could not be mutated as the suit land was recorded as vested
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....r rectification of the Articles, was at the same time interested to see that a fair settlement of the affairs of the company is reached but, since the relationship between respondent No. 1 on one the hand and appellant Nos. 2 and 3 on the other hand reached to such a stage that it would be impossibl......e present case, the High Court Division acted beyond the scope of section 233 by directing the appellant Nos. 2 and 3 to buy out the shares of the respondent No. 1 at a fair value.
9. It may be noted here that it is of permanent importance to a person intending to invest in any company that he..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....rred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury, 49 DLR (AD) 73; Magu Barma Vs. Bholi Dass, AIR 1914 Cal 331; Sudhir Chandra Shuklabadhya Vs. Amulya Shuklabadhya and others (unreported). Lawyers Involved......d his sale deed will have the preference over the Bainapatra. 17. The Bainapatra was a forged and collusive one, in as much as the means of payment of part performance is concerned. The currency notes that P.Ws. mentioned to have been used for payment, were handed at the relevant time. 18...Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....Begunbari Mouza, Tejgaon, Dhaka (ii) the Lease Deed No.4511 dated 9‑10-2002 (Annexure‑L), (iii) letter dated 26‑5‑2003 (Annexure‑N) issued by the office of respondent No.2 directing to hand over possession of the case land and (iv) the threatened dispossession of the petitioner by the......xure-F), it is not comprehensible how the original owner could appoint attorneys in respect of the entire land of CS Plot No.177 and this has not been explained by the petitioner. It is remarkable to note that the date on which the two attorneys entered into a contract with Md. Saifur Rahman Khan, t..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... State, 44 DLR (AD) 233. Lawyers Involved: Hasan Foez Siddique with Serajul Islam with Farhad Ahmed with Md. Masud Hasan Chowdhury, Advocates- For the Appellants. SM Aminur Rahim Chandan, Assistant Attorney-General‑ For the State. Criminal Appeal No.696 of 1997. ......LC record be sent down to the learned Additional Sessions Judge, 1st Court, Kushtia immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 494. ..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....e Kabala in favour of the plaintiffs…………………………(24) Cases referred to: Pandurang Jivaji Apte vs Ramchandra Gangadhar Ashtekar AIR 1981 SC 2235; Shahani Bibi being dead her heirs Mohammad Azim and oth......;leads to nothing except that the parties on or about 24‑11‑1981 compromised their dispute, but which is and for what reason we do not know", that discrepancy about the fifty taka note is a normal discrepancy obviously due to error of memory by lapse of three years, that it bein..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....., Bangladesh (joint venture of HRC Bangladesh Ltd. and Telecom Foundation of Pakistan) and to evaluate the quotation, Md. Nasim, the then Minister held a meeting and by misusing his position, single handedly appointed Consociates Ltd. as consultant, although there was no such provision. In that mee......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. ..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
.... get the suit land recorded in their names during the last SA operation but the plaintiffs have been possessing the suit land as before. The case of the contesting defendants, on the other hand, is that Saku Sarder and Hossain Sarder took loan from Tayebuddin Biswas the predecessor‑inâ€......rt of appeal which is the final court of fact had the occasion to peruse the original dakhilas Exhibit A series produced by the defendants and on proper consideration of the dakhilas gave findings as noted earlier. The High Court Division, as already pointed out, had no occasion to see the dakhilas ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
.... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ......ons of section 18 of the Stamp Act 1899, which provides: "18 (1) Every instrument chargeable with duty and executed only out of (Bangladesh), and not being a bill of exchange, or promissory note, may be stamped within three months after it has been first received in Bangladesh". ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ms and conditions. Subsequently, a lease deed No.7768 dated 14‑12‑61 was executed and registered by the then Government of East Pakistan in favour of Md. Yasin and possession thereof was formally handed over to him and Yasin had been continuing in possession since then Thereafter said Md. Yasin ......s not in possession of the said house property directly or constructively through its tenant or allotee since 9‑11‑1980. In this background of the case, the Court of Settlement has failed to take note of the said legal and factual position that the petitioner had obtained a sale deed in respect ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....rejection of the plaint, the learned Joint District Judge acted most illegally in granting stay of further proceedings of the suit. 11. Mr. Khalilur Rahman, learned Senior Advocate, on the other hand, took us through the main contract made by defendant No.1 with defendant No.5 and the sub‑con...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Haider Ali and ors. Vs. State, 2004, 33 CLC (AD)
....of the informant, Bhabi, named Angura Bibi, sister of the informant also named Angura Bibi his father Abdul Jalil and Lai Bibi came to the place of occurrence. Dilbahar, after taking a fikol from the hand of accused Khosh Bahar, gave a blow in the left abdomen of Fatik Mia who fell down on the earth......those who came to the place of occurrence to rescue the victim. In view of our above discussion we fined no substance in this appeal and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: 4 Nov, 2004 | Hits: 102
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ackets are intact and would unerringly show that the ballot papers, the counterfoils of 'the issued ballot papers and the marked copies of the electoral rolls were not tampered with by some malicious hands, meanwhile, in order to create evidence/ground for undoing the election …………………â......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... not available since the contracts were not entered in prescribed contract form No.6 of the Association. 18. Mr. Mainul Hosein, learned Senior Advocate on behalf of the respondents, on the other hand, submitted that in arbitration proceeding which gave rise to FA No.356 of 2003 the Corporation ......Vs. Raymon and Co. India (Pvt.), AIR 1963 SC 90; AR Savkur Vs. Amritlal Kali Das and others, AIR 1954 Bombay 293 and Samilummah Vs. Collector of Aligarh, AIR 1946 Privy Council 75. 20. It may be noted that in subsequent arbitration proceeding initiated by Redsun company the Corporation never ap..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ransferred 2.5 decimals of land by aforesaid deed dated 13‑12‑94 and 3.5 decimals of land by another deed dated 13‑1‑95 to defendant No.12. Then, defendant No.12 asked them on 15‑12‑95 to hand over possession, which they declined to. Hence, the suit. 5. Defendant No.12 alone contest......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....ot enlisted as Waqf and such order could not be maintained. He further submitted that in 1992 the land was already enlisted as waqf. 12. Mr. Mahmudul Islam, learned Senior Advocate, on the other hand, took us through the deed of waqf and submitted that the disputed land did not find mention in ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
.... He also took us through the record and submitted that the learned Subordinate Judge erred in law in dismissing the suit of the Bank.
21. Mr. M Fazlul Karim, learned Senior Counsel, on the other hand, submitted that the Subordinate Judge committed no error in granting counter‑claim under Orde......ities were given by the bank against LIM account No.477/82 since 20‑1‑82.
5. Against the loan, defendant Nos.1 to 5 on 18‑1‑82 executed various charge documents namely, promissory demand note, letter of arrangement, letter of continuity, bank guarantees, equitable mortgage of schedule &..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....of the House Building Finance Corporation and could not avail the benefit of the notification dated 30‑6‑1992 issued by the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying the rest consideration money. In such ci......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....r right. The law under such circumstances assists not only the possessor himself but also those who stand in the place of the possessor by succession or transfer. The term dispossession, on the other hand, is, in essence, ouster of possession. The prefix of the term "dis" is negative"......elation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physic..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
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