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Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
.... private company limited by shares, under the Companies Act, 1994 (the Act) to carry on the business of housing, Real Estate, construction of houses, apartments, commercial centers and to dispose the land, plot, apartments or shops by way of allotment, sale, rent etc; that it was stipulated in Artic......: 65 DLR (HCD) (2013) 143 ......2. Judgment Md. Rezaul Hasan J.- This is an application under section 233 of the Companies Act, 1994 (the Act). 2. Facts leading to filing of this application, in short, are that the petitioner is the Managing Director of the Respondent No. 1 Company namely The Heaven Homes ......y the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143 ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....dhiram Barman who is the CS recorded tenant. Dadhiram died leaving Aswani Barman and Tipri Barman, they are sister's son of Dadhiram Barman, Aswani Barman and Tipri Barman inherited the suit land along with other land as they are only heirs. Aswani died leaving his full brother Tipri Bar&sh......d suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice, and the other hand the order of the Courts below are based upon proper consideration of the materials on records. Justice would be done if a direction be ...... plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, District-Panchagarh for a declaration of Title and confirmation of possession as well as declaration that the preparation of revisional records of right of the suit property is wrong. 3. The case o......he Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
....mpetent civil court is binding upon all the authorities of the People’s Republic of Bangladesh and therefore the respondents are legally bound to mutate the names of the petitioners in the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ......n the suit land but they are not performing their legal duties, so inaction of the respondents is illegal. ....................... (5) Social justice In order to ensure social justice as enshrined in Article 10 of the constitution, a constitutional court is empowered to grant and pas......g upon the respondents to show cause as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian and also to receive rent from them according to law in respect of 4.69 acres of land un...........................Petitioners Vs. Secretary, Ministry of Land and others..........Respondents Judgment October 8, 2012. Result: The Rule is disposed of. Binding force of a court A decree of a competent civil court is binding upon all the authorities of the ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
....r further order or orders passed as to this Court may seem fit and proper.
2. This Court by order dated 11-6-2005 directed the parties to maintain status quo in respect of possession in the suit land.
3. The Rule is taken up for hearing. Mr. Md. Jahangir Alam, the learned Assistant Attorne...... আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Court of law stood abated as a whole and the Court has nothing to decide upon the question involved in the Rule. The Rule stoo......তটুকু বাবদ মামলাটি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Court of law stood abated as a whole and the Court has nothing...... সম্পত্তি যতটুকু জড়িত ততটুকু বাবদ মামলাটি আপনা আপনি abated বলিয়া গণ্য হইবে; “The force of sub Rule (1) "ka" of section 13 provides that any litigation pending before any Co..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)
....omplainant filed a petition of complaint made allegation against accused-petitioner Md. Hedayetullah and others alleging that they in joint collaboration committed some forgery in respect of the land described in the complain. 3. On receipt of the complain the learned Magistrate took cogni......so Reported in: 18 BLC (HCD) (2013) 272. ......ent August 22, 2012. Result: The Rule is discharged. Sine die postponement discouraged When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings sho......When a title suit is filed later than a criminal case has already been disposed of in that case there is no bar to proceed with the criminal case........ (7) Criminal Proceedings should not run for an indefinite period It is well settled that the criminal proceedings should not be at all h..Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9
Kamal Vs. State, 2012, 41 CLC (HCD)
.... the informant of the case, he supported the FIR story, he identified the FIR Exhibt.2 and his signatures thereon which has been marked as Exhibit 2/2 and the arms has been marked as material Exhibit land ammunition is material Exhibit II. In cross-examination, he denied the suggestions given by the......e-Party Judgment August 16, 2012. Result: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and unimpeachable, but the cas........................Opposite-Party Judgment August 16, 2012. Result: The rule is made absolute. Testimony of police personnel Though it is well settled that a conviction can be based on the sole testimony of the police personnel if it appears true and u...... is also Reported in: 18 BLC (HCD) (2013) 145. ..Category: Criminal Law, Arms Law | Date: 16 Aug, 2012 | Hits: 2
....India in 1967 and thereafter, the petitioner passed B.A. (Honours) Examination in the year 1970 from R.K. Mission College therein. In the year 1972 the plaintiff-petitioner returned back to his motherland Bangladesh and was appointed Assistant Teacher of P.N. High School of Shyam Nagar Upazilla unde......y, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judgment
August 8, 2012.
Result:
The is made absolute.
Cases Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173...... the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned Senior Assistant Judge, Narail Sadar for declaration that the order dated 12.04.1978 passed by the defendant-appellant-opposite party no.1 vide Memo No.74......Referred to-
Bangladesh and others Vs. A.K.M. Zahangir Hossain and others, 34 DLR (AD) 173; Principal, Chittagong Medical College and others Vs. Shahriyar Murshed and others, 48 DLR (AD) 33; Doctor Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Bangladesh Vs. Professor Golam Azam and others, 46 D..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Bangladesh Biman Corporation and others Vs. Md. Zahangir Farazi and others, 2012, 41 CLC (AD)
.... are merely policy guidelines in respect of certain matters concerning the business of the Government. These do not create any legal right in favour of any person to ask for return of unutilized land validly acquired under the law" respectively. We do not see any reason to deviate from the............Appellants (In all appellants) Vs. Md. Zahangir Farazi and others.....................Respondents Judgment August 7, 2012. Result: All appeals are dismissed. Cases Referred to- Secretary, Internal Resources Division, Ministry of Finance Vs. Nasrin Banu, ...... 29 of 2001, 28 of 2001, 30 of 2001, 33 of 2001, 23 of 2001, 24 of 2001, 22 of 2001, 25 of 2001, 26 of 2001 and 27 of 2001 respectively dismissing those cases. 3. Petitioners' case was that they were appointed in different posts such as Aircraft Mechanic (appointed on 01-6-1996), Clean...... Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. A Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Bangladesh Biman Corporation and others..........Appellants (In all appellants) Vs. Md. Zahangir Farazi and ..Category: Labour and Industrial Law | Date: 7 Aug, 2012 | Hits: 18
Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)
....iff to sell the suit property and he executed the Angikarnama to refund back Taka 31,000 to the plaintiff. The plaintiff in presence of some local people admitted that he did not want to purchase the land described in the schedule to the agreement dated 27-9-1982 and in fact, the same stood as a sec...... Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 2010. (From the judgment and order dated the 20th day of May, 2010 passed by the High Court Division in First Appeal No.99 of 1992). Judgment Md. A Wahhab Miah J....... 5, 2012. Result: The appeal same is dismissed. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2536 of 20......r Vs. Md. Emran and another..................Respondents Judgment August 5, 2012. Result: The appeal same is dismissed. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Sufia Khatun, Advocate..Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... conspiracy because there was no agreement for 'concert of action', no agreement to 'co-operate.” 34. Shetty, J in Kehar Singh (Supra) after considering some English and New Zealand decisions which were decided in the context of English Law formulated the elements of conspirac......vision (Criminal) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Yasin Rahman @ J Rahman Yasin @ Titu........Appellant Vs. State..................................obade Vs. State of Maharashtra, AIR 1973 SC 2622; Deonandan Mishra Vs. State of Bihar, AIR 1955 SC 801; Charan Singh Vs. State of UP, AIR 1967 SC 520; Dharam Das Vs. State of UP, AIR 1975 SC 241; SP Vhatnagar Vs. State of Maharashtra, AIR 1975 SC 826; Taslimuddin Vs. State, 44 DLR 136, Keshab Chandr......an Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
.... 3. The opposite-parties as plaintiff instituted Title Suit No.192 of 1990 in the Court of Additional Assistant Judge, 3rd Court, Khulna seeking for declaration of title in the plaint schedule of land measuring an area of 2.00 acres appertaining to CS Khatian No.5 of mouza Badurgacha and t......18 BLC (HCD) (2013) 308. ...... Kantaram Mondal and others................Opposite Parties Judgment July 31, 2012. Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in a....... Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always b..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Md. Arfan Ullah alias Arfan and others Vs. The State, 2012, 41 CLC (HCD)
.... the rule and extended from time to time is hereby vacated. Communicate a copy of this judgment to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ......so Reported in: 21 BLT (HCD) (2013) 28 ...... Court No.1, Moulvibazar Sadar, should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule is that the complainant filed C.R. Case No.218 of 2002 on 26.07.2000 in the Court of learned Magistrate,...... to the Court concerned expeditiously. This Case is also Reported in: 21 BLT (HCD) (2013) 28 ..Category: Criminal Law, Procedural Law | Date: 25 Jul, 2012 | Hits: 1
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....was in Dubai about 5 years and he came back in the year 1992 and while returning from Dubai, he brought one Sony TV, VCP and other valuable worth about Tk.1.5. lacs and he purchased some agricultural land and started showing Film business through TV by VCP, On 21-9-1996 after show those goods were k...... This Case is also Reported in: 18 BLC (HCD) (2013) 453 ......basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) Confessional statement can not be made a subject matter of partition which means that no dual policy can be accepted regarding confession. It should be either believed or disbelieved......l is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the accused. ........... (49) ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....06. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Maharaj Pran K......g of such a record or any part of it, and if any such suit or application is pending before a civil court, it shall not be further proceeded with and shall abate and if any judgment, decree or order has been passed in any such suit or any order has been passed on any such application, it shall be in......136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plaint case that suit land originally belongs to Amol Sing Bahadur, Sib Krishana Sing Bahadur, sons of late Mahar...............Defendant-Respondents Judgment July 25, 2012. Result: The appeal is dismissed. State Acquisition and Tenancy Act, 1950 (XXVIII of 1951); Section 144B. No suit or application shall be brought in a civil court in respect of any order directing the preparation o..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Jamat Ali Vs. State, 2012, 41 CLC (AD)
.... Jamat Ali is commuted to imprisonment for life. Let the copy of this judgment be sent down to the trial court concerned at once. Ed. This Case is also Reported in: 9 ADC (2012) 889. ...............................................Respondent Judgment July 23, 2012. Result: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leave to A......16.08.2004 passed by the Special Sessions Judge-1, Rajshahi in Sessions Case No.39 of 2003 arising out of G.R. Case No.616 of 2001 corresponding to Bagha P.S. Case No.13 dated 19.10.2001. 3. By that judgment the learned Special Sessions Judge convicted this petitioner and another accused Mokbul.....................................................Respondent Judgment July 23, 2012. Result: The petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Respondent—Not represented. Criminal Petition for Leav..Category: Criminal Law | Date: 23 Jul, 2012 | Hits: 70
A.N. Istiaq Ahmed Vs. Abdus Salam Khan and others, 2012, 41 CLC (AD)
....e Schedule to the Bangladesh Sports Council Act, 1974, of which President is nominated by the Government. It survives on periodic grants extended by the Government. It is situated on a large chunk of land of Rajuk conveyed to it for a token price in the capital city’s most coveted and expensive Gu......ved: Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. Rokanuddin Mahmud, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No......ment and order dated the 10th day of March, 2010 passed by the High Court Division in Writ Petition No.1218 of 2009 making the Rule absolute. 2. Facts necessary for disposal of this petition are that respondent Nos.1 and 2 as writ-petitioners (hereinafter referred to as petitioners) filed the wr..........Petitioner Vs. Abdus Salam Khan and others...................Respondents Judgment July 19, 2012. Result: The petition is disposed of. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Ahshanul Karim, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For..Category: Civil Law | Date: 19 Jul, 2012 | Hits: 147
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....houses with prior permission of the Rajdhani Unnayan Kartipakha (RAJUK). The writ respondent No.4, a Revenue Officer, subsequently by order dated 28th October, 1996 directed for recording the said land along with other lands as abandoned property in Miscellaneous Case No.2103 of 1994. The writ p...... (with. M.A. Samad, Senior Advocate), instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Appeal No. 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kum...... 209 of 2007. (From the judgment and order dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is just...... Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob Ch..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
...., we find merit in the contention of the learned counsel. Leave is, therefore, granted on additional ground Nos.1 and 2 and ground No.1 submitted later this day as under: "I. Because the land described in the mortgaged document is unspecified and in the certificate granted by the Court......li, Advocate-on-Record—For the Petitioners. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.723 of 2009. (From the judgment and order dated 1.2.2009 passed by the High Court Division in Civil Revision No.2359 of 2007.) Order Surendra Kumar......restitution of the property sold in auction. The application was registered as Miscellaneous Case No.21 of 2006. The Artha Rin Adalat upon hearing the parties dismissed the petition on the ground that the applicants did not deposit 25% of the total amount required under section 33(2) of the Arth...... Md. Azmal Hossain and others..................................Respondents Order July 15, 2012. Result: The Leave is granted. Lawyers Involved: Abdul Quiyum, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not repr..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)
.... bona fide with the diligence and in good faith and he under the advice of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit for redemption of the suit land from usufructuary mortgage and that the plaintiff have categorically pleaded in his plaint that......81 & 21 BLT (HCD) (2013) 1 ...... Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon ta...... It is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advice of his learned Lawyer and so the plaintiff ..Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......, Dhaka and others..........Petitioners Vs. A.T.M. Abdul Matin........................................Respondent Order July 12, 2012. Result: Leave is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and......r, he preferred a review petition which was also rejected. He then moved the High Court Division a writ petition. The High Court Division by the impugned judgment made the rule absolute observing that the review petition filed by the writ petitioner was maintainable as per provisions of sectio......ve is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Petitioners. ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
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