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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......hased from one Md Nasiruddin by a kabala Exhibit No. 1 dated June 6, 1945 for a consideration of Rs, 36,750/- paid as the memo of consideration recited in the kabala indicates by two cheques draws by plaintiff in favour of the vendor, the first one dated March 22, 1945 for Rs, 5.00..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....e High Court Division in Appeal No. 8 of 1977 reversing the order of the Company Judge and directing the winding up of the Company. 2. Respondent No.1 Rahimuddin Ahmed, a Director and share-holder, filed an application under section 162 of the Companies Act, 1913 for winding up of th......s Ltd. being Matter No. 9 of 1975. The said application was rejected by the learned Company Judge against which Respondent No. 1 preferred the said Appeal No 8 of 1977. 3. The case has got a chequered history, case of respondent No. 1 Rahimuddin Ahmed is that his elder brother Alauddin Ah..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......an according to the prescribed instructions. A spare copy of this order (enclosed) should be forwarded to the Head Office of the Bank who will transmit it to the State Bank of Pakistan along with the cheque/pay order for the total amount forfeited." 5. A copy of the Committee's order in respect..Category: Banking Law | Date: | Hits: 129
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......eproduced in the judgment of the learned Single Judge. Rule 3 requires that every member desiring to do Forward Contract Business shall notify the Secretary in writing of such desire and send him a cheque for Rs. 2,500 ''as basic deposit". In this case Mrs. Purviz Dalai had intimated her desire to..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......sain, Abdul Aziz found shortage in the cash for which he was unwilling to take charge. Hamid Hussain then produced the list (Ex. 39) showing the details of the advances already made against chits and cheques, etc., and the cash in hand on 30-4-58. According to this list, the actual cash in hand on 3..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ility under the said section 96 arose de hors the decree. Thus even if the insurer had not been made a party at all in the suit he would still have been liable under section 96 to pay to the decree holder the amount of the decree if it was within the limit of the sum assured. 42. The relevant ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....y the aforesaid dismissal of his aforesaid Miscellaneous Case filed Civil Revision No.2777 of 1993 in the High Court Division and the same was also summarily rejected on 7-12-1998; that the decree holder respondent-Bank on 9-3-2000 filed an application in the Execution Court in Execution Case No......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....sical possession of every square inch.” Thus possession under a mistaken or invalid title is as effective as that of a trespasser and if sufficient in length of time and continuity gives the holder a title. 15. The learned Counsel has further submitted with refer......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
.... in rejecting the plaint upon an erroneous view that the suit is barred under section 37 of the PDR Act, that the provision of section 37 of the CKPDR Act bars suit either by the certificate-holder, the certificate-debtor or by their representative and the plaintiff being not anyone of the....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)
....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......Registrar of Joint Stock Company and the accused appellant No.1 was made Managing Director and the accused appellant No.2 was made one of the Directors of the Board of Directors; that on 15.9.1993, a cheque amounting to Tk.42,093/- was issued from the Rupali Bank at Rangpur Branch as part of the loa..Category: Criminal Law | Date: | Hits: 50
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
.... appellate Court below also. The High Court Division considered that this finding was arrived at on evidence and then it proceeded to consider the nature of such decree and observed that the decree-holder by his own act got a fraudulent decree and in pursuance of that took possession of the premis......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......oney in the fund of the Council shall be deposited in such bank or banks as may, from time to time be approved by the Governing Body, and no money shall be withdrawn from any such bank except on a cheque signed and countersigned by officers authorised in this behalf by the Governing Body. In..Category: Employment/Service Law | Date: | Hits: 130
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....is extra-ordinary jurisdiction. It does not also appear that the Court while invoking this extra-ordinary jurisdiction took the balance of the convenience or hardship that will entail on the decree holder. The ends of justice presuppose to hold balance even between the contesting parties. It is al......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..Category: Tenancy Law | Date: | Hits: 71
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....l by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguous land-holder, is not wholly contiguous to the land transferred. The impugned Judgment of the High Court D......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ...... 28 of 1992, while the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in favour of the borro..Category: Administrative Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....s that the land in question was purchased by the JPL by a registered sale deed with prior permission of the RAJUK and not by her in her personal capacity, and that though she happened to be a share‑holder of the Company and was elected as die Chairperson by the Sponsor‑ Directors of the Company ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....tent mentioned in the fourth column of the Schedule. 81 (1). On and from the date of coming into force of the whole of this Part in any area, there shall, within that area, be only one class of holders of agricultural land, namely, maliks, and the rights and liabilities of every such la......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... of a passport are bound by certain mutual legal obligations, similar to those between the State and its citizen, a passport is considered as prima facie evidence of citizenship or nationality of its holder. It was held as a good evidence in the Superintendent and Remembrancer of Legal Affairs, Govt......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a contiguous land holder is entitled to pre-empt the disputed kabala registered on 23.4.75. 3. The case of the......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
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