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Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....ppeal No. 107 of 1969, both of which had been dismissed in the absence of both the parties. 7. Mr. Nizamuddin Haider, learned Counsel appearing on behalf of the appellant, who is the decree holder in the execution case, has submitted that, having regard to the averments made in the p...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....Penal Code, but he must also be an officer. That expression is not, of course, to be restricted to its colloquial meaning of a Commissioned or non-commissioned officer; it means functionary or holder of some 'officium' or office. The office may be one of the dignity or importance; it may eq...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... in Civil Revision No. 1380 of 1965) Judgment Debesh Chandra Bhattacharya J.- In this appeal special leave was granted by the Supreme Court of Pakistan to consider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....M.A No.28 of 1976). Judgment: D. C. Bhattacharya J.- This petition for special leave which arises out of an execution proceeding appears to illustrate the adage that the trouble of a decree-holder begins with the passing of the decree in his favour. 2. Respondents secured a decree on 19......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... private corporations set up under Companies Act by the citizens. The State policy is to utilise the principle of corporation. A corporation has its own independent existence distinct from the shareholders or directors or administrators and has all the attributes of a juristic personality. A sta......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....ase as there was no nomination by the depositors in favour of anyone. (2) The High Court was wrong in its view that under the terms of the deposit that either account holder or survivor could operate the account the Bank could not be restrained from allowing withdr......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. ..Category: Civil Law | Date: | Hits: 112
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....ies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing the order directing the respondent company to take necessa...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)
....it is of criminal nature. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 66. ......adesh Biman that valuable Bank securities were stolen from the strong room of the cargo godown of theirs, the Cantonment police arrested 6 persons including the petitioner and recovered travellers cheque valued US dollars 5,93,000.00 equivalent to Taka 2,73,49,100.00 from their possession on the..Category: Business or Commercial Law | Date: | Hits: 83
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....f Order 21 applies only in case of a person who challenges the decree under execution in a subsequent suit which is not the case here. Mr. Karim then argued that the alleged power of attorney‑holder was not competent to proceed with the execution case in the absence of proper validation of......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....he vessel has lien on the cargo for the dues for charter hire and unless the dues are paid the vessel would not proceed to take berth in Mongla Port. It is the plaintiff’s case that it is the holder of clean bills of lading and the defendants can neither claim lien on the cargo nor refuse t......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
.... him but all of them were dismissed for default, the last Execution Case having been filed on 27.12.67 and having been dismissed for default on 6.4.68. Respondent Abdul Mannan, a son of the decree-holder Md. Abdul Halim Miah, as the next friend of his father, filed another OC Execution Case No. ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......he same with the rent of the disputed premises; that plaintiff No.1 during the construction work of judge, extension of the disputed holding took an advance of Taka 17,500.00 from the defendant by cheque and also in cash with a promise to allot another shop in the holding after the completion of..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... into 20,000 shares of Taka 100.00 each. Subscribed capital consisted of 500 shares of Taka each fully paid-up. Except deceased Tofayel Ahmed who owned 200 shares, all other share-holders held 100 shares each. Appellant No. 1 was appointed permanent Chairman of the company and ......for the company was to be secured from a bank against was the said papers. He gave an undertaking (Ext. A) to that effect. By way of assurance for payment of the share of profits he gave an undated cheque for Taka 5,00,000.00 in favour of appellant No. 1 giving out that there was an arbitr..Category: Business or Commercial Law | Date: | Hits: 118
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....rs of BTTB and had the impression that for reasons best known to them BTTB would not permit BTL to operate the cellular radio telephone system. At this stage the representative of the foreign share-holders of the petitioner met the Minister- in-Charge and offered to come to any arrangement with ......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....ffidavit-in-opposition and claimed all investments made in installing the cellular radio telephone system to be its own. After the fall of Ershad regime Mr. Sahjad Ali, the overwhelming majority shareholder of BTL, had been missing and BTL did not take any steps for implementation of the project eve......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....er it was an actual delivery of possession or symbolical delivery of possession. From Ext 1 it has been found by the trial Court that it was a symbolical delivery of possession obtained by the decree-holder in TS 79 of 1949. The plaintiff, of course, asserted that they have got actual possession Mr.......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....Advocate appearing for the appellants, contends that in view of the provision of sub-section 5 of section 5 of the Bengal Tenancy Act the defendants are raiyats under the plaintiff who is a tenure-holder. In developing-this point Mr Ahmad submits that Ext. 5 would show that the extent of tenante...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... resulted in the ex parte decree. Defendant No. 2 came to learn about the ex-parte decree for the first time on 2-7-87 and then filed the Miscellaneous case for restoration of the suit. The decree-holder Bank opposed the prayer for restoration. 3. The learned Subordinate Judge while dism......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....ceived the machineries and distributed those to different Textile Mills. No machineries were ever installed in the premises of the company. After the death of Abdus Sattar, his heirs became the share holders of the company. Pursuant to a decision of the Government to transfer the nationalised indust...... all times disputed the claim of the Sangstha but it willfully did not disclose the actual fact that the BTMC had already paid the Sangstha the full amount of loan/dues on account of the company vide cheque No. CJD 700325 dated 30 June 1985. The auction sale was fraudulent and collusive amongst defe..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
.... (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said a......turn the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a cheque of Taka 6,75,000.00 drawn on National Bank, that the complainant deposited the cheque on 23-1..Category: Business or Commercial Law | Date: | Hits: 145
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