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Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

.... the 5, 35,000 shares (including' 1, 24,000 shares), inasmuch as the learned Counsel was opposing the prayer for rectifica­tion of share register for 50,000 shares and 12,000 shares respectively and cancellation of allotment of subsequent shares. He next sub­mits that the name of the respondent No......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....er Oil Refinery Ltd. in place of the plaintiff and that the plaintiff on 26.10.2003 raised objection regarding supple­mentary import general manifest of the defen­dant No. 5 and prayed for cancellation of the same by his application dated 27.10.2003 and the plaintiff with permission of t......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....3. It has further been averred that being aggrieved the company filed writ petition No.1119 of 2004 and the High Court Division by judgment and order dated 06.04.2004 made the rule absolute declaring cancellation of the registration by BOI as illegal and in civil peti­tion for Leave to Appeal No. 8......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..

Category: Criminal Law | Date: | Hits: 76

Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)

....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......he writ petition. The further case is that the writ petitioners are joint owners of 17 decimals of land out of 1.25 acres of land of CS Plot No.177 or other­wise in possession of the same upon mutation of their names and upon payment of rent and taxes and that they were illegally dispossesse..

Category: Property Law | Date: | Hits: 37

Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)

....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ney dated 01.07.1993 affidavit dated 08.07.1993 pur­ported have been made by the plaintiff are false, illegal and not binding on her and also for declaration that memo dated 17.07.1993 allowing mutation of the case property has also illegal. Both the suits are said to be pend­ing. ..

Category: Procedural Law | Date: | Hits: 154

Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)

.... a learned Single Judge of the High Court Division found that the plaintiff had acquired no title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of set­tlement of the plaintiff by applying paragraph 8 of a memo was not proper a...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)

.... Evidence Act. It has also been submitted that the suit as framed was not maintainable in that plaintiff being a party to the kabala he was required to seek for conse­quential relief by way of cancellation of the kabala but the plaintiff has filed the suit seek­ing merely declaration tha...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 35

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......ven in the writ petition. The allegation that the writ peti­tioners are joint owners of 17 decimals of land out of 1.25 acres of land of C.S. Plot No. 177 or otherwise in possession of the same upon mutation of their names and upon payment of rent and taxes and that they were illegally dis­possess..

Category: Property Law | Date: | Hits: 91

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....ion for can­cellation of his bail stating all the relevant facts and grounds before the learned Chief Metropolitan Magistrate, Dhaka on 18.10.2001. Upon perusing the above appli­cation for cancellation of bail filed by the informant petitioner, the learned Chief Metropolitan Magistrate, ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....g the possession of defendant and allegation of dispossession of the plaintiff during pendency of suit is not substantiated but plaintiff never sought for khas possession by amending plaint or for cancellation of her executed deeds in question and, as such, committed illegality in the decision; ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 28

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

....he Government to evict the defendant cannot be defeated by creating a subsequent kabala from Rustom Ali whose allotment deed had already been cancelled by order dated 7-12-1986 and after the above cancellation, Rustom Ali had no right to execute and register any kabala in favour of the plaintiff......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..

Category: Property Law | Date: | Hits: 37

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....pon his office, the respondent filed a suit, O.C. Suit No.4 of 1988, in the Court of Munsif (now Assistant Judge) of Gangachara Upazila challenging the appellant's uncontested election and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his ......ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...

Category: Election Law | Date: | Hits: 173

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

.... of Tk. 470-1135 which was allowed to the respondent No.2 was cancelled by the competent authority after obtaining a report from an Enquiry Committee and as such there was na illegal­ity in the cancellation of wrong entry made in the service book of the said respondent no. 2 and the High Cour......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... and Public Works and another Vs. Shirely Anny Ansari reported in 52 DLR(AD) 180 wherein it has been held "The production of the original deed of gift by the donee and other documents such as mutation paper, municipal record would have indicate that the same has been acted upon. But neithe..

Category: Property Law | Date: | Hits: 43

Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)

....session of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cancelled. The plaintiffs having learnt about the cancellation of the record of right on 05.02.1974 filed the suit. 3. Defendant Nos.1-4 conte......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 37

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....ore the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancelling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3.......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)

....ied about the reasons and situation for retrenchment the respondent No.3 filed Trade Union Case No. 22 of 1988 under section 10(2) of IRO before the Labour Court, Chittagong seeking permission for cancellation of the registration of the respondent No.1 Union bearing Registration No. 1390 on the ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 131

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......duced 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.........A Revenue Officer holding an inquiry in a mutation proceeding, in the premises does not become a Court as he does not really adju­dicate a ri..

Category: Criminal Law | Date: | Hits: 48

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....result, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......aimed pre-emption either as a co-sharer in the jote or as a tenant holding land contigu­ous to the land transferred. This was necessary be­cause the respondent took the pica that by the afore­said mutation case a separate Khatian had been created. As a precaution, this amendment was prayed for. O..

Category: Procedural Law | Date: | Hits: 84

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....layet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his sett......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..

Category: Property Law | Date: | Hits: 29