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Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....n this period of 60 days; but they did not; they rather filed it after about one year seven months, that is oil6.5.87. By this time an execution proceeding, which had been instituted by the decree holder, was going on. In the execution proceeding the appellant prayed for time to pay up the decre......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
.... 415, a Notification of the State Government amended the Class I Engineers' Service Rules and required a Degree in Engineering for appointment of Executive Engineers. Under the existing Rules Diploma holders Engineers in Class II Service by eight years' service in Class 11 had been already promoted ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......ter dated 21-12-1995 sent necessary drawings to the respondent No. 2 for its approval for construction of the said multi-storied commercial building with car Park space at basement and deposited a cheque dated 4-12-1995 for Taka 45,000 as fees; the layout plan of the proposed building would show..Category: Environmental Law | Date: | Hits: 293
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under the provision of section 233 of the Companies Act. No illegality has been committed b......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....ct is necessary for withdrawing money from the Consolidated Fund for payment of decretal amount against the Republic; the executing Court erred in law in entertaining the application of the decree holder under Order XXI, rule 56, CPC in the absence of any specific provision made in the Appropria...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....es and other concerned. No agencies of the State will be allowed to attack and defame the honour, prestige and independence of judiciary of the Republic. In this case, the contemner being himself a holder of the uncased colour has consciously, knowing fully and with deliberate intention sought to......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....sis of kabala executed on February 2, 1959, presented for registration on April 30, 1959 and registered on August 2, 1965, the other document executed on 10-3-1961 and registered on 28-3-1961. The holder of the document of the year 1961 sought to preempt the transfer made by the document registe...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....y Suit No. 30 of 1984). Judgment: ATM Afzal J.- This appeal, following leave, by the decree‑holder‑appellant Sonali Bank arises out of the judgment and order dated 1st April, 1990 passe......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....f law repeatedly canvassed before him and that all the arguments of the plaintiffs have fallen on an unresponsive Judge." 7. It was held that the report of the contemner, a holder of a Masters degree in Journalism, and a practising Advocate, appearing for the plaintiffs, ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....was made public on 15th January, 1990 and on that day he made an application for time to move the High Court Division, but that application was rejected on 18th January, 1990, and the decree‑holders were directed to put in cash deposits for completing the execution with police help. On 25t...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ul Hakim and others and that there was never any alleged auction sale of the holding and landlord Badruddoza never got khas possession in the same. Defendants also assert that the subsequent patta holders namely, defendants 21‑30 did not get khas possession in the disputed land and consequ......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ......ount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated in the petition of complaint that having communicated with the Bank regarding encashment of these two cheques she was told by the Bank that the accused had instructed the bank not to make any payment of..Category: Criminal Law | Date: | Hits: 64
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....co‑ordinate to or equally effective as the High Court Division. As such the Tribunal can only be composed of a person appointed in the same manner and entitled to the same security of tenure as the holder of the Superior Courts named in Chapter I of Part VI. The District Judge is the senior-most p...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....he suit property is an abandoned one and has been under the control, management and supervision of the plaintiff since 1‑1‑72 through its allottee Amiruddin. 3. The decree‑holder in Title Suit No. 305 of 1983, the present respondent No. 1, was defendant No. 1 in the suit......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... J Mustafa Kamal J Latifur Rahman J Pradhip Das alias Shambhu and others ………..Judgment‑debtor‑Appellants Vs. Kazal Das Sarma and others ……………………Decree‑holder‑Respondents Judgment December 2, 1991. Result: The appeal is dismissed. The......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....our construction on the section. 4. The scheme of section 20 may be looked at. The section contemplates the sequel to the acquisition of all rent-receiving interests. The section covers the holders of all categories of land, not only the rent-receiver but cultivating rival, cultivating un......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....members of the family in shares as follows: 1. Mrs. Batul Bai - 8,750 shares. 2. Mr. Sajjad Husain - 12,500 " 3. Mr. Saifuddin - 3,750 shares 4. Mr. Sabbir Husain - 2,500 " These share-holders belonged to Dawoodi Bohra Community permanently residing at 43E, Cantonment Bazar Area, Dacc......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. ..Category: Business or Commercial Law | Date: | Hits: 129
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....shy;formance of contract could be attached in execution of decree against the depositor, the judgment-debtor; and (2) whether the amount can be utilised for meeting the claim of decree-holder before the said amount becomes refundable to the depositor. 6. Mr. Mahmudul Isl......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....ntirely on the stockist and any claim against under loading, improper loading or short delivery by the stockist, demurrage, wharfage claim by consignees for want of timely advice from the stock-holder will have to be made good by him, failing which such claim will be met from him." 5. It ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
.... contiguous owners who were not made parties in the said proceeding. An application was thereupon filed by the appellants on 4-6-60 in which it was contended that the said persons were not the holders of contiguous lands as their interests had already been transferred by their predecess......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
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