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Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....same fate as that of PW 3 namely, a lock, stock and barrel rejection. 100. Let me examine the validity of this argument. PW 4 was given the suggestion that he was a rickshaw puller and a service holder in the employ of PW 17 Abdul Bari Chowdhury. He denied the suggestion. Nothing has come out......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....ssistant Judge), Pirojpur and obtained decree and on the basis of said decree filed Rent Execution Case No.1211 of 1952. The land in respect whereof rent decree obtained was purchased by the decree holder and obtained the sale certificate and took delivery of possession through Court. The auction......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....3 demonstrated ready and willingness of the transferee (in Other Suit No. 136 of 1996 defendant) is of no merit since there is nothing on record to show that after the compromise decree the decree holder was ready and willing to perform his part under the decree rather plaintiff has sufficiently......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....shy;responding the RS khatian No.7, belonged to Bibi Ummat Johara and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS re......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....the signature on the plaint is concerned, Order III rules 1 and 2 clearly provide that any appearance, application or act in or to any Court may be made, amongst others, by a recognised agent and the holder of a power of attorney is a recognised agent. Order III rules 1 and 2 have no application in ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......rghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due and the accused-appellants issued three cheques in favour of the respondent and his partner, witness No.4, that as there was not sufficient ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
.... Ministry of Public Works (defendant No. 2) and the said case was decreed ex parte on 21.9.1977. Thereafter, in pursuance of the said decree, Money Execution Case No.7 of 1978 was filed by the decree-holder (House Building Finance Corporation) and in the said Execution case the mortgaged property ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....ubmitted that genuineness of, the plaintiff Jatindra Mahon Roy was sufficiently established by the entries in Ext.14. Suffice it to say the passport and the entries therein are no doubt relate to the holder of said pass-port and even if for argument's sake it is accepted that said Jatindra Mohon Roy......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....on the other hand, many administrative duties which cannot be delegated. Appointment to an office or position is plainly an administrative act. If under a statute a duty to appoint is placed on the holder of an office, whether under the Crown or not, he would, normally, have no authority to dele......ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......vessels and sell them on 5.12.87. The petitioners sent a reply to the said notice which was found to be unsatisfactory by the Bank. The petitioners offered an amount of Tk.85 lakh by a post dated cheque and asked for final adjustments. 3. On 8.1.88, the Bank issued sale notice as provided in ..Category: Banking Law | Date: | Hits: 94
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....llowing the application under section 43 of the Companies Act, 1994 and thereby directing rectification of the Share Register by entering the name of the writ petitioner (respondent herein) as shareholder in respect of 50,000 shares out of the subsequent allotment of 1,24,000 shares by the Company......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
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......at subsequently the accused petitioner was allowed facilities for the reimbursement of the money in 12 quarterly installments and pursuant to such facilities given to the petitioner he issued cheques for the amount of TK. 50, 000/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque ..Category: Criminal Law | Date: | Hits: 44
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....he rule and the order of stay has been passed and the Executing Court by order dated 29.11.2003 directed the respondent No. 1 to take steps to serve the copy of the above application to the decree holder respondent Nos. 2-4 and that Executing Court then sent writ of delivery of possession of the......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....l Trading of Islampur dealing in cloth. Prosecution case is that by misusing his official position he managed to get a new cheque book issued in the name of one Dr. Salma-A-Nahar, a savings account holder of the said Bank and dishonestly got transferred Tk.2,25,000/- from the account of Salma-A-Na......Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case is that by misusing his official position he managed to get a new cheque book issued in the name of one Dr. Salma-A-Nahar, a savings account holder of the said Bank a..Category: Criminal Law | Date: | Hits: 52
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
.... jurisdiction as the learned Artha Rin Adalat could invite bids for sale of the property and hold auction only twice, after which it must vest the right of enjoyment of the property with the decree-holder in terms of Section 33(5) of the Artha Rin Adalat Ain, 2003 which was not followed in the ca......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... having been served on September 28, 1992 with the summons of Miscellaneous Case No. 18 of 1992 filed on September 20, 1992. The Miscellaneous Case was filed seeking pre-emption as contiguous land holder of the land transferred by the kabala sought to be declared as forged, fabricated and void. ...... 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
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....er in Civil Petition No. 163 of 2004 impugned the said impugned order allowing the petition in part directing respondent company to rectify register of share showing respondent Nos.1 therein as share-holder of 2 lac share of the respondent Bank. 3. The petitioner in Civil Petition No.6 of 2004 h......uch initial stage paid Tk. 15,22,000.00 (Taka fifteen lac and twenty two thousand) to respondent No.3 for the shares and 3 Directors position of the proposed Jamuna Bank Limited through following cheques. Name of the Bank Cheque No. and Date Amount of Taka ..Category: Banking Law | Date: | Hits: 185
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......isal in their above capacity managed a fund of TK. 30,000/- From Chairman K.T.C.C.A. Ltd. Kotwali Upazila for distribution amongst the farmers of the said Sanity. The said amount was issued by cheque Number 004688 dated 30.5.1981, deposited in account Number C.C. 56 Sonali Bank, Barisal and..Category: Criminal Law | Date: | Hits: 44
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......4 requested the respondent Nos. 1 and 2 to refund the amount of Tk. 10,00,000/- which was taken by them as advance but they took dilatory tactics and however later on respondent No.1 issued 3 (three) cheques including the instant cheque No. NCCB-314709 B dated 15.5.1999 for an amount of Tk.3..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....se the decision reported in 16 DLR (SC) 281 is related to acquisition of interest of the rent receiver and the decision reported in 25 DLR (HC) 476 relates to acquisition of interest of the tenure holder. He, therefore, argued that none of the above decisions relates to acquisition of interest o...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
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