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Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....ss Ltd. Dhaka. The respondent company having not held any Annual General Meeting since its inception, the Board of Directors of the Company resolved to apply to this Court to condone the delay in holding the said meetings for the years 1974-84, in all for 11 years on the ground that there was ...... be null and void and to direct calling of the Annual General Meetings for the years 1985,1986 and 1987 under the supervision of this Court and to appoint an independent person as Chairman to preside over and conduct the said meetings after condoning the delay in holding those Annual General Meeting..Category: Business or Commercial Law | Date: | Hits: 352
....inance, the forum provided by the said Statute alone is empowered to enforce that right. In the said case, an application under section 26F of the Bengal Tenancy Act was filed by a Co-sharer in the holding for pre-emption of a portion of the said holding transferred to a stranger. The purchaser ......e. As such the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and conditions of his service is exclusively triable by the Administrative Tribunal.
8. Moreover, apart from section 4 of the Administrative Tribunal Act, we must refer to Article 117 of the..
Category: Procedural Law | Date: | Hits: 273
....e there could be no proposal in 1980 for acquisition of a property under the Ordinance of 1982. Thereafter it is stated that the proposal was approved by the Mymensingh Land Allotment Committee after holding a joint inspection. Notice under Section 3 of the Ordinance was served on 23.6.83. No object......dinance was shown to have been issued on 20.6.83, but the petitioners never received such notice. Before issuance of notice under Section 3 no agreement was entered into the respondent No.3 with the Government, as mandatorily required under Section 15 of the Ordinance. On 29.3.84 another notice purp..
Category: Property Law | Date: | Hits: 116
....vernment of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public Works filed the application under Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md......d Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Public ..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....iscussed the facts and found that the notice in question was issued on 28th December 1915. The notice directed defendant to vacate the house by 31-1-1916. The Court below found that the defendant was holding on a monthly tenant terminating on the 26th day of each successive month according to Hindu ...... and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged t..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....xecution of a decree for the first time. It is submitted by Mr. Shafique Ahmed, the learned Advocate for the petitioners that in the instant case the executing Court has committed gross illegality in holding that execution proceeding is barred by limitation under Article 181 of the Limitation Act. H......lls for determination is whether the execution proceeding is barred by limitation for not having proceeded with for a period of about 14 years and whether the period of limitation will be guided and governed by either Article 181 of the Limitation Act or under section 48 of the Code of Civil Procedu..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....g azan, when saw the appellant and victim to quarrel. All on a sudden the appellant had dealt the victim with a knife on his left chest and fled away towards the jungle of a hill situated at the east holding the blood stained knife in hand. In cross-examination he stated thevictim was his brother-in......ithout jurisdiction. He also pointed out some other discrepancies in the evidence of prosecution witnesses and referring to those, submits that those are major contradictions which cast serious doubt over the prosecution case and as such the appellant is entitled to be acquitted on benefit of doubt...Category: Criminal Law | Date: | Hits: 102
....sions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad.
2. It is stated that the Election Commission has given programme for holding election for the office of Chairman of Upazila Parishads fixing 17.2.90, the date for fili......
High Court Division
(Special Original Jurisdiction)
Present:
Mohammad Abdur Rouf J
Badrul Islam Chowdhury J
Abdul Mannan Khan.............................Petitioner
Vs.
Government of the People's Republic of Bangladesh & others...............Respondents
Judgm..
Category: Election Law | Date: | Hits: 391
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....decree in question under section 44A (1) of the Code for execution. Upon hearing the parties the learned Subordinate Judge & Commercial Court No.1, Dhaka passed the impugned order dated 22.4.89 holding that he had no jurisdiction to execute the decree in question. Being aggrieved by the impugn......on of a District Court. 5. Mr. Asrarul Hossain referred to a notification dated 20.10.84 by which the Subordinate Judge and Commercial Court No.1, Dhaka has been given territorial jurisdiction over the whole District of Dhaka (i.e. District Court of Dhaka) in respect of suits relating to Bank..Category: Procedural Law | Date: | Hits: 168
Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... Annexures of the same and supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filing a case under the Act and also on the point that a case......ter Kaisarul Haque Robin who made a false declaration of importing 4200 glass Temblor in place of Perfume, Cigarette lighter, Cosmetics and photo film imported vide LC No.026806010128 dated 4-6-2006 covered by CRF No.BDH-20067145-2C dated 17-7-2006 for which the petitioner had been implicated under ..Category: Criminal Law | Date: | Hits: 89
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....lso deposited 10% of the decretal dues as per order of the Adalat but the learned Judge of the Adalat without deciding the claim of the petitioners on merit on taking evidence rejected the Misc. Case holding illegally that the petitioners were well aware about the filing of the suit long before and ......y could not pay the loan. Subsequently, the Bank filed Artha Rin Suit No.45 of 2007 before the Artha Rin Adalat and Joint District Judge, Court No.1, Jessore (shortly, the Adalat) on 27-6-2007 for recovery of Taka 11,59,455. The petitioners did not receive the summons of the suit as result of which ..Category: Civil Law | Date: | Hits: 157
Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....different Annexure and the supplementary affidavits carefully. Since the decision of our apex Court clearly spelt out the provision of section 32 of the Anti-Corruption Commission Act in this context holding no sanction is required before filling a case under the act and also on the point that a cas......itioners moved this Division under Article 102 of the Constitution and obtained the Rules. 5. In all these petitions a common ground has been taken by the petitioners that without approval of the government i.e. sanction of the government FIR was lodged against the petitioners in violation of the..Category: Criminal Law | Date: | Hits: 107
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....ailed to prove the dakhila in accordance with law, failed to prove their title to the suit land. Having considered the evidence both oral and documentary, the High Court Division dismissed the appeal holding that the plaintiffs could not prove their title to and possession in the suit land. 10. ......ing the suit land from Brojendra Nath by a registered deed dated 08.07.1946. After acquisition of the suit land, he had been possessing the same by paying rent to the ex-landlord and the then to the Government. Part of the suit land was wrongly recorded in the name of the plaintiff’s husband. One ..Category: Property Law | Date: | Hits: 101
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....n response thereto, a Sub-Inspector of police named S. M. Shahidul Islam visited the area of occurrence, inquired into the allegation and sent the dead body to Narayanganj General Hospital Morgue for holding post-mortem. The police also arrested the appellant under section 54 of the Code of Criminal......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....nd the accused-petitioner, he was falsely implicated in this case and created imaginary plot in collusion with RAB authority. He also submits that as the accused-petitioner is a responsible officer holding the post of Deputy Director of Anti-Corruption Commission there is no chance of his absconsi......-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went to the office of the accused-petitioner with Taka 10 lakhs and handed over the said amount to the accused-petitioner as bribe money, but he got the above act recorded in ..Category: Criminal Law | Date: | Hits: 111
....sbahuddin Ahmed then Managing Director of the IFIC Bank and the plaintiff duly replied to the charge sheet on 7-12-1993; that the Bank appointed a Senior vice-President as inquiry officer who without holding proper inquiry on 3-5-1994 submitted his inquiry report finding the plaintiff guilty of the ......omoted to the post of Executive vice-president of the Bank on 23-2-1992. The Bank on 27-11-1993 leveled a charge sheet against the appellant bringing allegation of gross misconduct for allowing clean overdrafts in current accounts in excess of his power and for allowing clean drawings in different S..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ere given and all those are correct addresses of the defendant-petitioner. He next contends that in the deed of mortgage number of holding was mentioned but in the power of attorney the number of holding was not given by the petitioner and therefore, to avoid confusion the Bank used the address ......ate Branch, 11 Purana Paltan, Dhaka (hereinafter stated as the Bank). The Bank instituted Title Suit No.45 of 2003 on 21-4-2003 before the Joint District Judge and Artha Rin Adalat No.4, Dhaka for recovery of loan amounting to Taka 51,46,231.10 against the petitioner, the Company and its directors. ..Category: Civil Law | Date: | Hits: 269
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
.... recipient, went to Amtali in connection with mutation of their certain paternal properties and got the document registered from there. The learned Subordinate Judge has believed this defence story holding that there is sufficient explanation on behalf of the defendants although he has not at all ......r the disputed kabala on receipt of the balance amount of Tk.1000/- on 9.2.79 corresponding to 26th Magh, 1385 B.S. at Barguna. But as the time for presentation of the document for registration was over the document could not be registered. On the following day the executants fell ill and as suc..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
.... agreement but as the notice under section 106 of the T.P. Act had not been properly served, namely giving two months' notice, the suit was dismissed. According to the learned Munsif it was a ease of holding over and two months notice provision of the expired agreement would continue. 20. The q......rail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties, concerning the same properties, over the same fact and issues, they are disposed of by this one judgment. 4. Facts gathered fro..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....the areas which were declared by the notification dated 8.9.87 as urban areas were kept in the previous Union Parishads arid elections of those Union Parishads were held on 10.2.88. Challenging the holding of election in the aforesaid urban areas of 6 Union under Local Government (Union Parish......tion) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development & Cooperation.................................Respondents Judgmen..Category: Property Law | Date: | Hits: 108
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