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Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
.... an ex parte decree against the heirs of Korban Ali on 08.01.1923; that on 23.09.1923 in execution of the said decree the suit land was sold in auction and auction purchased on 07.01.1924 by decree-holder Karam Ali Sheikh; he got the sale certificate in the last part of November, 1924; That auctio......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....sem Cotton Mills Ltd.) and its liabilities to the respondent Nos.2,3,4 and 5 should not be declared to have been made without lawful authority and is a nullity." 3. The petitioner is a share-holder of respondent No.7 company (a public limited company) having 2,500 shares out of the tota...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ion 5 (five) work orders Mir Zahir Hossain went to the then Communications Minister Mr. Nazmul Huda's house and personally paid him altogether Taka 2,40,00,000 (taka two crore and forty lac) in three cheques as bribe for the said work orders on 12 February 2005 and 21 April 2005 respectively. Out of..Category: Anti-Corruption Laws | Date: | Hits: 143
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....is the only means of their livelihood of families from their fore-fathers and as such, the petitioners are genuine cultivators of shrimp by profession. One Anisul Haque was the original lease holder of the disputed shrimp khas land and in this connection a document was made between the orig......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......ntiff took jote settlement of the suit land from them before the commencement of the State Acquisition and Tenancy Act and the plaintiff paid rents year to year to the said Mirashdars and obtained cheque forges thereof and being in possession of the suit land, the plaintiff constructed houses th..Category: Property Law | Date: | Hits: 132
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......etter dated 28.02.2001 confirmed payment of outstanding bill amount within 6(six) months from date, which the accused persons failed to comply with, but on 14.6.2001 the accused No.1 gave a postdated cheque dated 28.08.2001 in favour of the complainant petitioner towards payment of the outstanding a..Category: Criminal Law | Date: | Hits: 163
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
..... 2 confirming that the writ petitioner became the highest amongst the two bidders. In the said letter it was also stated that the writ-petitioner would pay 13.83% higher than the previous licence-holder and 77.78% higher than the average earning of the Bangladesh Railway. By the letter dated 14......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..Category: Civil Law | Date: | Hits: 149
G M M Rahman Vs. State, 2009, 38 CLC (AD)
....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......o. 2 gave Tk.14 (fourteen) lacs to the appellant who undertook to repay the same with interest at the rate of 18% per annum and the accused appellant did not comply with the undertaking and gave a cheque of Tk. 2 (two) lacs dated 07.04.1996. The cheque was duly presented to the AB Bank, Khulna B..Category: Criminal Law | Date: | Hits: 106
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ocedure. 3. The High Court Division observed that the certificate issued under Section 33 (5) of the Artha Rin Adalat Ain, 2003 in respect of 'Ka' schedule properties in favour of the decree-holder Bank by Annexure-'B' and the subsequent order dated 25.11. 2007 (Annexure to-"E” ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..Category: Property Law | Date: | Hits: 106
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
.... complainant made allegations that A.G.R. Case No. 24 of 1979, 56 items of old and used clothes valued at Tk. 600/- and one old sewing machine valued at Tk. 800/- was not seized and the Import Permit holder Ana Mia with accused clearing agent Abdul Hamid in collusion with the Customs Officials tried......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....case of default of payment of any installment the decree could be satisfied through execution case. As the defendant judgment-debtor failed to make repayment of any installment the decree holder bank filed Artha Rin Execution Case No.8 of 2007 in the Court of Artha Rin Adalat-1, Chittag......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......01.08.2000 considered the prayer of the Borrower Company and allowed certain financial benefit and rescheduled the repayment schedule of the loan but the Borrower Company again defaulted and that a cheque issued by it was bounced and in such circumstances the respondent bank took steps for auctio..Category: Civil Law | Date: | Hits: 140
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ......n of complaint in the Court of Chief Metropolitan Magistrate, Dhaka being C.R. Case No.2411 of 2003 accusing the accused-petitioner stating, inter cilia, that on 15.06.2003 the petitioner issued a cheque for Tk.15, 00, 000/- in favour of him in his own account with the Pubali Bank Ltd. Foreign E..Category: Criminal Law | Date: | Hits: 51
M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)
....f 2005 respectively with further costs and charges, the facilities of remission of total profits compensation allowed by the bank shall be automatically cancelled and the plaintiff/ decree holder shall be entitled to recover from the judgment debtors Tk. 51,53,81,735.02 against the Arth......nbsp; agreement by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..Category: Civil Law | Date: | Hits: 109
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....om the company contracts and to third persons generally for wrongs or torts committed by the company, its the same reason that underlies the directors immunity from liability to the company's shareholders. Directors act as agents of the company, which is a distinct legal person from themselves, ......l pay to the Dockyard Taka 70,00,000 by establishing an irrevocable letter of credit and the balance amount of Taka 25,75,000 will be paid by the sponsor-purchaser, Tapashee, through a crossed cheque on a schedule bank. The Dockyard shall never increase the price of the Coasters from th..Category: Business or Commercial Law | Date: | Hits: 311
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ing the convention. 196. This testimony of Dr. Kamal Hossain has been supported by the learned Attorney General, Mr. Mahabubey Alam. It is pertinent to mention that learned Attorney General is the holder of a constitutional office as the highest law officer of the republic and he is the leader of......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... the said property at TK.33,5000.00 and the next date was fixed on 04.07.1987 for auction and on that day the defendant, Abdur Shahid and one Altafuddin participated in auction on behalf of decree holder Zulkader Khan and Abdur Shahid became the highest bidder at TK.36,000.00 and is to be decide...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....the office of the company. On 14.07.2005 a notice of an Extraordinary General Meeting under the signature of the Managing Director, respondent No.3, was circulated among all the Directors/shareholders notifying that an Extra ordinary General Meeting would be held on 16.08.2005 at 10:00 A.M.......13.02.2006 filed by the respondent company for permission to pay day to day operation expenses through its bank account maintained with Dutch Bangla Bank Limited, Dhanmondi, Branch, by issuing cheques under the lone signature of the respondent No. 32, Managing Director of the respondent No. ..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....alance auction-bid amount through pay order on 12.1.2005 and the order rejecting the review petition filed against the order dated 02.01.2005 and also an application filed on 04.01.2005 by the decree-holder-bank for issuing certificate under section 33(5) of the Artha Rin Adalat Ain, 2003 cancelin......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
.... the respondent No.1, as Chairman, had the advantage of casting vote in the event of a tie in the meeting of the Board of Directors; further, the petitioner, being entrusted by the other share holder directors of the proposed company, to get the company registered with the Registrar of Joint......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44