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Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....003. The Companies Act, 1994 (XVIII of 1994), section 233 The object of remedy under this section is to negate the impact of the prejudicial or other relevant misconduct on the part of the majority share holders. It may take any form that is thought to be suitable either by t......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....e was withdrawn with permission to sue afresh. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite party in Miscellaneous Case No. 138 of 1982 asserting that Haladhar Chandra Dey died in the middle ......the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
.... (c) of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such ......nt and order dated 19‑2‑1998 passed by a Division Bench of the High Court Division is Criminal Appeal No. 20 of 1992 allowing the appeal and sending it back to the trial Court for further investigation. 2. The facts, in short, are that one Jetindra Nath P..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
..... In the show cause notice it was mentioned that in case of his failure to reply to the show cause notice and to communicate as to whether he would like to be heard the matter would be disposed of ex parte. 3. The appellant replied to the show cause notice asserting that whatever he did the same......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....9;on‑Record‑For the Appellant, MA Samad, Senior Advocate, instructed by Firoz Shah, Advocate‑on‑Record‑For Respondent No. 4. Ex parte‑Respondent Nos. 1‑3 Civil Appeal No. 125 of 2001. &nbs...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... Onus of proof Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendant as well according to the respective case of th......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
....st on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its discretionary power to grant interest on the awarded amount or any part thereof till realisation. Cases Referred to- ......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz CoÂoperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....hority to take over the land claiming to be of the Government failed. 6. The writ petitioners have asserted that the .notice issued under section 3 of the Ordinance lacks bonafide on the part of acquisitioning authority and that said notice has been issued without due application of min......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
.... 5 respectively. Respondent No. 1 thereupon asked Tofayel Ahmed on several occasions to return the papers including the share certificates, but he did not comply therewith. They also wanted to become parties in Title Suit No. 145 of 1988 of the 3rd Court of Subordinate Judge, Dhaka which arose out o......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....ent of persons connected in the matter, examined the relevant records and after observing all necessary formalities submitted report to the effect that the respondent was guilty of misconduct and a departmental proceeding was started. 3. The respondent filed the case before the A...... of appeal having been brought to the notice of the Administrative Appellate Tribunal who erred in not holding an enquiry into the allegation upon a view that there is no scope for embarking upon the investigation; (ii) that a Court or tribunal has always jurisdiction to set aside its order when it ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
.... interest litigation the court will lean to protect the interest of the general public and the rule of law vis-à-vis the private interest. Where the rule of law comes in conflict with third party interest the rule of law, will, of course, prevail. In the impugned judgement there is no err......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Secretary, Ministry of Works and anothÂer Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)
....f the plaintiff respondent on acceptance of the balance conÂsideration of Tk. 40,000/- (Taka forty thouÂsand). Due to disturbance that followed later on the respondent No. 2 Could not fulfill her part of the contract and in the last part of 1975 she gave an assurance that she would do everythin......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. ..Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110
Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)
....rest on the awarded amount at the Bank rate of the Sonali Bank till realization from the date of intimation of signing of the award. 2. Facts in the background of which dispute between the parties in the proceeding arose and was referred to the arbitrator need not be stated in detail sin......alization thereof. The review petiÂtion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....uilding on plot No. 60, Gulshan Avenue hereinafter called the case property. Before completion of the building the respondent No. 2 put pressure to liquidate the loan money. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then filed Title Suit No. 22 of 1991 in t......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....ncle) and accordingly, in good faith he allowed his wife to accompany the accused to Rajbari. He denied the allegation that he asked the accused to purchase any land or that his wife took any advance part payment of the sale price of then land after taking money in exchange of it. 12. PW 3 the vi......isdiction at Rajbari who sent the petition to Rajbari Police Station for treating it as a first information report and accordingly, the aforesaid PS Rajbari case was started. 3. The police took up investigation, visited the scene of the said occurrence, prepared sketch map with separate index, se..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......ther stated that the victim was tortured by her father and brother to make a false statement under section 164 of the Code of Criminal Procedure before the Magistrate, Chittagong. The police after investigation submitted charge-sheet on 30‑4‑1995 under sections 4(b), (c) and 9 of the Cruelty..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......, prepared inquest report and sent the dead body to morgue for postmortem examination. 3. Police submitted charge-sheet against the appellants under section 304 of the Penal Code after investigation of the case. 4. Trial Court framed charge under sections 304/34 of the ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....d by the two learned Judges as indicated herein above, and in view of the decisions passed in the said Criminal Miscellaneous Case No. 521 of 2002. 6. The Rule has been contested by the opposite party, namely, the State, by filing counter-affidavit making various statements but the relevant sta......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....€¦â€¦â€¦â€¦. Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as foundation in ta......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175