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State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ......way of showing cause accepted the entire responsibility of the misappropriated money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also p..Category: Criminal Law | Date: | Hits: 62
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....igh Court Division, which was ultimately dismissed for non-prosecution on 22.11.1980. The preliminary decree passed in the said partition suit was therefore made final on 1.3.1986. The decree-holder respondent then started Other Execution Case No. 4 of 1998 and the petitioner, Shamsul Arefi......n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ..Category: Civil Law | Date: | Hits: 88
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....r this the mortgage suit No. 148 of 1926 was filed and the said suit was decreed on 12.09.1928, put the decree into execution and the suit property was sold in auction on 12.02.1931 and the decree-holder purchased the suit property. The sale was confirmed on 25.04.1931 in the name of Tozimul Ali...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..Category: Property Law | Date: | Hits: 24
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......ged to the plaintiff and S.A. record was prepared in her name. In October, 1981, she expressed her desire to transfer the suit land through Shawkat Ali. Accordingly on receipt of Tk. 20,000/- through cheque. She executed an agreement on 01.11.1981. At the time of such execution, her close relative..Category: Tenancy Law | Date: | Hits: 155
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....ny which was incorporated on 7.4.2003 as private limited company under the Companies Act, 1994; the sponsor directors initially made subscription as under: Sl. No. Shareholder’s name No. of Shares % of shares 1 Yu Xiang, Li ......tion of the statutory formalities for which the petitioner was asked to furnish the statement of account of the company which he was single handedly controlling and operating including signing of the cheques as the only signatory but the petitioner also did not provide the shareholders the state..Category: Business or Commercial Law | Date: | Hits: 151
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... exempted the owner of urban property, which are generally more valuable than agricultural land, from transferring the same by a registered instrument, why should greater hardship be imposed on the holder of agricultural land by the requirement of a registered instrument for transferring his i......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....o prove their case of settlement by Taresh Mondal alias Taresh Haider son of Kuran Mondal alias Kuran Haider through the evidence of D.W.3 who is nephew of Jitu Mondal, the alleged settlement holder. The witness has stated that he is unable to say the date and the year of settlement by Tare......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... the 20th Annual General Meeting of the respondent No.2, hereinafter referred to as the company, for the calendar year 2003 after condoning the delay contending, inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 wa......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....e Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Case No. 23 of 1999 for recovery of the money by putting the afores......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....e of worship were found on the land in question and since the petitioner's title was not established, it was not possible to determine the area of land owned by the petitioner or other share holder situated in the alleged boundary. 18. Nor the petitioner or any of her relative used ......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....-petitioner filed Title Suit No.44 of 2000 before the Subordinate fudge, 1st Court, Sunamgonj and the said suit was dismissed by the judgment and decree dated 16.06.2005. The petitioner as a lease holder possessed the said Jalmohal up to 1409 B.S. and his lease term had already expired and in th......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....g of the appellate Court that the witnesses of the defendants were highly interested. The High Court Division also noticed the finding of the appellate Court that Hanif Sarker was not real settlement holder and that defendants did not take any step to prove the tenants' ledger to establish that the ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
.... (v) At the trial a new case has been sought to be made out, namely, that Hindu voters of Samantogati village could not cast their votes due to obstructions by the ‘scale’ badge-holder supporters of the appellant. (vi) The story that it is the appellant’s supp......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
...., "refer to the drawer" (2) "instructions for stoppage of payment" and............it amounts to dishonour within the meaning of section 138 of the Act. On issuance of the notice by the payee or the holder in due course after dishonour, to the drawer demanding payment within 15 days from the date o......ment February 18, 2007. Result: The criminal petition is dismissed. Words and phrases Refer to drawer The endorsement "refer to drawer" does not mean anything but that the cheque has been returned for insufficient funds in the account of the drawer of the cheque. These ar..Category: Criminal Law | Date: | Hits: 138
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
.... to a dispute between two individuals and that criminal acts are offences against the State and that the instant case arises out of an offence of public importance as it relates to corruption by the "holder of the Public Office(s) involving power plant" that affects the entire nation, and that the "......2% of contract value, i.e. 29 million Taka equivalent to 5,80,000 US dollars in July, 2000, that according to the verbal agreement, the informant paid him a total amount of Taka 2,99,65,500 by way of cheques at his residence, that by illegally demanding money Sheikh Fazlul Karim Selim with the assis..Category: Civil Law | Date: | Hits: 254
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......received 5(five) work orders from the Ministry of Communications and went to the house of the then Communications Minister Mr. Nazmul Huda and personally paid him altogether Taka 2,40,00,000 in three cheques as bribe for the said work order on12th February, 2005 and 21st April, 2005 respectively. Ou..Category: Anti-Corruption Laws | Date: | Hits: 219
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
.... for consideration in this appeal by leave is whether the appellants are liable to pay any interest on the principal sum of Tk. 50,226.70 as claimed by the respondent Sonali Bank, (plaintiff—decree-holder) and decreed on admission by the defendant—appellants. 2. Facts of the case, briefly, ......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ary. There is no dispute that an ijara right is not a tenancy right and under an "Ijara" kabuliyat no tenancy is created. But the matter may be different if the ijara right is renewed and the Ijara holder continues in possession for an indefinite period. The Ijara in question was created in 1926 b......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....provision similar to that contained in section 75A. Section 81A is to the following effect: "81A. (1) Except as otherwise provided in this part, the rights and liabilities of a holder of non-agricultural land, who has become a tenant under the provincial Government in respec...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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