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Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ...... Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property to the respondents, who are strangers, without serving any notice up..Category: Property Law | Date: | Hits: 70
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ..Category: Constitutional Law | Date: | Hits: 365
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
.... of the E. P. R. personnel armed with rifles with fixed bayonets and many police arrived there, started lathi charge and fired several rounds of tear gas shells in the midst of the procession. When major section of the processionists proceeded towards south along Nazimuddin Road towar......ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......facts stated by the respondent No. 1 M/s. A. T. J. Industries Ltd. (hereinafter referred to as the Company). The paid up capital of the Company is Taka 2,75,000/- held by the members of the family in shares as follows: 1. Mrs. Batul Bai - 8,750 shares. 2. Mr. Sajjad Husain - 12,500 " 3. Mr...Category: Business or Commercial Law | Date: | Hits: 129
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....t Division held as follows: “We find no substance in this contention of the learned Advocate. In the instant case there was no charge under section 301/109 B.P.C. There are two major charges against the appellants under sections 302/34 and 364 B.P.C. and these are two...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ..Category: Criminal Law | Date: | Hits: 62
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... are affected by the sale." 31. The Patna High Court however appears to have revised its earlier view in the Special Bench case of Mahadeo Ram Vs. Mohan Vikram A.I.R. 1933 Pat. 435 where the majority of the Judges, viz., James and Agarwala, JJ, endorsed the Allahabad view, while Kulwan Saha......iracy. In support of this contention learned Counsel has referred to a certain passage from the principle of Modem Company Law by L C.B. Gower (1957) at pages 319-323 dealing with the legal nature of shares and also cited a Single Bench decision of the Punjab High Court of the Indian jurisdiction ..Category: Property Law | Date: | Hits: 118
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... new industries and new products where the risks are great and the private entrepreneur—in an age of capital scarcity and high taxation of profits —may well hang back. This is no doubt one of the major motives for establishing a public corporation, and other forms of Government enterprise. The v......s to distinguish the public corporation proper from the public undertaking which is established under the company law though the State provides the entire capital and holds all or virtually all the shares directly or through one of its own undertakings. The public corporations in the common law ju..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....the offered of abducting her in order that she might be murdered or put in danger of being murdered. The Jury by unanimous verdict found both the' persons not guilty of the offence of murder, by a majority of 6-3 the Jury found Sudhir not guilty of the charge of abduction and by a majority of 8-...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ......hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ..Category: Administrative Law | Date: | Hits: 132
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ......of defendant No. 1 who suddenly died on 3-11-1994 leaving behind many properties and that the deceased Nuruddin Ahmed @ N Ahmed had no children and, as such, his brother and sisters will obtain the shares of his money and properties and his wife will obtain 1/4th anna share of the deceased’..Category: Civil Law | Date: | Hits: 112
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ......on of the company thereby submitted “E” form of the company to the Registrar, Joint Stock Companies showing, inter alia, that respondent No. 3 Mr. Mostafa Kamal have transferred his 10 shares to Managing Director on 4-5-1983 as a consequence of that Mr. Mostafa Kamal lost his directo..Category: Business or Commercial Law | Date: | Hits: 97
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....t with Mr. Manzoor Ahmed Choudhury respondent No. 3. 7. With the statement on affidavit by respective parties, the High Court Division considered whether the activities of the majority share holders as alleged in the petition were oppressive and prejudicial to the interest o......Act, 1994. 2. The respondent No. 1 Nafisa Chouhdhury as petitioner stated in her petition briefly is as follows. 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The..Category: Business or Commercial Law | Date: | Hits: 95
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... In criminal cases, even if the accused is charged with one offence, he can be convicted for committing another offence,, if such other offence is made out of the facts, proved, it is not a major offence as compared with the offence with which the accused was originally charged and the a...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....ay be made before the Court where the tide suit is pending. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 104 ......se of the property of their father. On the same day Mr. Chowdhury cancelled the power of attorney by a Memorandum, authenticated by a notary public. In the meantime, the appellant transferred some shares of a Company, subject matter of the alleged Trust, in favour of himself. In the aforesaid ci..Category: Property Law | Date: | Hits: 76
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
....he petitioner's own papers, which are not denied, found that Regulation 55(2) was used as a camouflage for hiding the real purpose of' the petitioner, namely, the respondent was removed by way of a major punishment for his misconduct, etc. without any proceeding. 7. In the circumstances, ....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ands, recorded in CS Khatian No. 406 of mouza Patuakhali, subsequently in SA Khatian Nos. 729 and 1721, were auction purchased by Aswini Kumar Dhar, Indra Bala Dhar and Jogesh Chandra Dey in equal shares. On 14 November 1969 Manzur Murshed, the predecessor of plaintiff Nos. 1 and 2 purchased the..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ...... entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire land of plot No 2395. By a registered de..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a two‑storied building thereon, mutated their names and paid all ren..Category: Property Law | Date: | Hits: 62
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....land from the proposed Acquisition proceedings but to no effect. Neither the DIT nor the Land Acquiring Authority served any notice upon the appellant though the appellant had been in possession of a major part of the land since 1983. In these circumstances, the appellant made a representation to th......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79