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Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)

.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ......for. He further submits that in the instant case one of the power holders Mr. Mobarak Hossain who was the applicant before the Court of Settlement filed an application for non-prosecution against the interest of Power of Attorney giver. But the said application was filed beyond the knowledge of the ..

Category: Property Law | Date: | Hits: 66

Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)

....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ...... capital. 16. The petitioner company is authorised by its Articles to make reduction of its share capital. And the proposed resolution for reducing the share capital is not likely to prejudice the interest of any share holder or creditors present or future. 17. Annexure 'B' to the petition sho..

Category: Company Law | Date: | Hits: 74

Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ......urt of the then Subordinate Judge and Artha Rin Adalat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 27.9.1993. After getting the ex-parte..

Category: Civil Law | Date: | Hits: 145

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......nk has also denied any connection with other letters issued by defendant No.1 admitting receiving money from the plaintiffs. The Bank has asserted that the plaintiffs have acquired no right, title or interest in the suit properties. Besides, the Bank has categorically denied all the allegations, cla..

Category: Administrative Law | Date: | Hits: 212

Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)

....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ......espondent No.1 Al-Arafah Islami Bank Ltd., Moulvi Bazar Branch, (briefly as Bank) instituted Artha Rin Suit No.67 of 2005 impleading the petitioner as defendant for realisation of Taka 25,06,408 with interest till 19-4-2005. 3. Eventually the suit was decreed ex parte on 18-9-2005. 4. The bank..

Category: Civil Law | Date: | Hits: 139

Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)

.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ......by way of 35 numbers of registered kabala deeds; that the defendant Nos.22-24 along with others claimed their respective saham by filing separate application but in fact they have no right, title and interest in the suit land inasmuchas they have already sold their properties to defendant No.22. ..

Category: Property Law | Date: | Hits: 58

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......stitutes at least an adverse possession for a long time resulting in acquisition of title The trial Court framed 5 issues, namely on-(l) maintainability of the suit, (2) existence of right, title and interest of the plaintiffs, (3) the status of the defendants as licencees and (4) the relief prayed ..

Category: Civil Law | Date: | Hits: 123

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ase is not only between the prosecution and the offender, but the State, as well, since it vitally is concerned, for it extends to affect the morale of the public services and also the administrative interest of the State. The purpose of sanction being vested in a departmental authority (in this cas..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......eal No.192 of 1981 affirming the Judgment and order dated 20-4-1981 disallowing pre‑emption under section 96 of the State Acquisition and Tenancy Act. 2. Abdur Rashid Bhuiyan, predecessor-­in‑interest of the petitioners, filed a case for pre‑emption under section 96 of the SAT Act, being M..

Category: Property Law | Date: | Hits: 54

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......t jurisdiction should not be allowed to invoke where some other remedy is available. In fact, this jurisdiction is not an alter­native one nor an additional but it is a jurisdiction preserved in the interest of justice to redress griev­ances where no other procedure is available. This power cannot..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......py the said admitted contract, we find from the various clauses that terms and conditions were included with regard to making of the film, the money payable including imposition of service charge and interest, and also anarbitration clause and on top of that clause No.2 of the contract provides that..

Category: Criminal Law | Date: | Hits: 66

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ......appellants in Civil Appeal No.254 of 2009. The project of MMDL has not fallen within the main Flood-Flow Zone and RAJUK arbitrarily started obstruction against the development work at the instance of interested quarters which is illegal and unauthorized. 5. The High Court Division while allowin..

Category: Environmental Law | Date: | Hits: 434

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

....is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......anctioned loan on 02.10.1984 on an under taking to start the works of the project and take the balance money later on by way of executing a Deed of Mortgage No.197942 dated 20.08.1984 re-payable with interest in six half yearly installments starting from 30.12.1984 and ending on 30.06.1987 but surpr..

Category: Civil Law | Date: | Hits: 74

Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)

....h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......m who also put his signature on the document of delivery of possession. Since that day DIT and then RAJUK had been in possession of the suit land. The plaintiffs had/have no legal right, title to and interest in the suit land and they are unauthorized and illegal possessors of RAJUK land for which n..

Category: Property Law | Date: | Hits: 56

Nawabgonj Central Co-operative Bank Ltd. Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....down the record of Money Execution Case No.4 of 1998 to the concerned Court at once, and the same will proceed in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 46. ......rbitration on 12-5-1989 and made no specific award but he ordered that the entire amount due would be repayable within 5 years in 10 installments, commencing from 1-7-1989 and there would be no penal interest on the loan (Annexure-A), The Bangladesh Co­operative Bank Ltd. respondent No.3, preferred..

Category: Civil Law | Date: | Hits: 70

Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)

....mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......mentary Affairs had taken on the Remuneration and Privileges of the Hon’ble Judges of the Supreme Court of Bangladesh. The petitioners engage Article 102 of the Constitution to posit it as a public interest litigation. 4. The President of the People’s Republic of Bangladesh has promulgated an..

Category: Constitutional Law | Date: | Hits: 413

Topesh Narayan Saha and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (HCD)

....clared to have been passed without lawful authority and is of no legal effect. Communicate a copy of the judgment. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......als of Bata Plot No. originally belonged to Krishna Chandra Saha, Harish Chandra Saha, Balaram Saha and Khetra Mohan Saha in four equal shares. The petitioners are their descendants and successors-in-interest. Their predecessors or any of them did not sell any land to any other person. As the D. P. ..

Category: Property Law | Date: | Hits: 65

Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)

....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ......er company to the bank executing a document for transferring the same without intervention of the court and the suit filed by the bank would be compromised as per terms of the bank for protecting its interest for realization of the bank dues to be drafted and approved by the legal advisor of the Hea..

Category: Civil Law | Date: | Hits: 112

Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)

....arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......epared wrongly in the name of the defendants and Abdul Kader Mia, the predecessor of the plaintiffs in respect of the suit land in which the defendant Nos. 1-4, in-fact, have no right, title or legal interest whatsoever; that Abdul Kader Mia, the predecessor of the plaintiffs was the exclusive owner..

Category: Property Law | Date: | Hits: 146

M/s. Sonali Agency Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (HCD)

.... to have been made without any lawful authority and as such, is of no legal effect and accordingly, quashed. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 313. ...... and examine the record of any proceeding under this Ordinance and if he considers that any order passed therein by the Deputy Commissioner of Taxes is erroneous in so far as it is prejudicial to the interest of the revenue, he may, after giving the assessee an opportunity of being heard, and, after..

Category: Fiscal/Taxation Law | Date: | Hits: 94