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Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

....o follow. Hence there was no illegality in resolving to increase the paid up capital through IPO and there was no intentional laches on the part of the Bank in holding the 13th AGM on the date it was scheduled to be held. In this circumstance the learned Counsel for the Bank submits that this is a f......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Hedayet Ullah and others Vs. State, 2012, 41 CLC (HCD)

....arged. The order of stay granted earlier stands vacated. Offence is directed to communicate the order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 272.   ......on under section 344 of the Code of Criminal Procedure for staying further pro­ceedings of the criminal case still disposal of the civil suit. On the ground that as a result of the civil suit his property bearing upon the criminal case against which the petitioner went before the Sub-ordinate Ju..

Category: Criminal Law | Date: 22 Aug, 2012 | Hits: 9

Government of Bangla­desh Vs. ATM Mannan and another, 2012, 41 CLC (AD)

....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..............Respondents Judgment August 8, 2012. Result: The appeal is allowed.  The onus is on the claimant of the building to prove that the building is not an abandoned property and that the Government has no obligation either to deny the facts alleged by the claimant ..

Category: Property Law | Date: 8 Aug, 2012 | Hits: 84

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Yousuf Chowdhury (Md.) Vs. Md. Emran and another, 2012, 41 CLC (HCD)

....to a wrong decision in refusing to consider the statements of the plaintiff recorded in a cassette which he made in presence of some of the local people admitting that he did not want to purchase the scheduled land of the agreement and the same was, in fact, executed as a security for the loan taken......he averments, inter alia, that the defendant on receipt of Taka 1,50,000 as earnest money out of total consideration of Taka 2,00,000 executed a registered agreement on 27-9-1982 for selling the suit property to the plaintiff. In the agreement, it was stipulated that on receipt of balance considerat..

Category: Civil Law | Date: 5 Aug, 2012 | Hits: 40

Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)

....his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308.       ......stant Judge and came to a finding that the plaintiff purchased the suit land by his own fund and in the benami of the defendant's father and further found that the 4 ingredients of acquisition of property in the benami have been proved by the plaintiff by adducing evidence and thereby dismissed ..

Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ...... the said provision of law, it is incumbent and mandatory on the part of the respondent Nos.1 and 2 to appoint a Magistrate of First Class for handing over the possession and control of the mortgaged property to the Financial Institution/Bank when requested. In such circumstances, we are of the view..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1

Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)

....r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453       ...... used to live by committing theft and smuggling. Earlier said victim was caught red-handed for committing theft. He also stated that accused Ishaque stated that he has done for safety of his life and property. 35. P.W. 8 Md. A Hannan, Chawkider of Dariapur Union Parishad who has stated that abo..

Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9

Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)

....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46.   ...... passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit No.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..

Category: Property Law | Date: 25 Jul, 2012 | Hits: 10

Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)

....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33.  ......ivision is justified in invoking its writ jurisdiction to interfere with the order of Revenue/Settlement Officer who had directed to change the record of rights prepared in respect of the disputed property in question and declared the same as abandoned property. 2. The writ petitioner, Ari..

Category: Property Law | Date: 17 Jul, 2012 | Hits: 8

Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ......x-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the decree in execution. The decree-holder bank obtained a certifi­cate in respect of the mortgaged property under section 33(5) of the Artha Rin Adalat Ain, 2003 and then at its instance the mort­g..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ...... the said execution case was renumbered as Artha Execution Case No.235 of 2004 before the Artha Rin Adalat, Sirajgonj and in the execution case, notice was published for auction sale of the mortgaged property. The petitioner participated in the said auction on 21.01.2008, but failed to succeed. Ther..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs. Ed. This Case is also Reported in: ......the Bangladesh Gazette. 3. The facts figured in this appeal are summarized below: The writ petition was filed stating, inter alia, that the then Government of East Pakistan leased out the property mentioned before to Khawaja Mohammad Aref by the registered deed of lease dated 2.03.1959. ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ......exure-A and A1) to the extent to 30% quota, if he is otherwise not disqualified. There is no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 148   ..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......stigated the case and submitted charge-sheet against the peti­tioner on 27-5-2008 under section 26(2) (Ka) of the Ain, 2004 and made prayer for issuance of warrant of arrest and attachment of his property. After sub­mission of charge-sheet, the record of the case was sent to the Senior Metropo..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......hort, was that their father Md. Sirajul Islam Chowdhury and the brother-in-law of the writ petitioner No.1, namely, Syed Muhammad Ullah were granted long term lease of 10 acres of land of abandoned property each by the Additional Deputy Commissioner (Revenue), Sylhet on 05.08.1963 for a period of..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......ellant lodged a defence that at the time of the transaction sued upon, he was an infant. It appears that certificate was procured from a doctor to show that the defendant was 21 years of age when the property was mortgaged against the loan taken by him. On the other hand, in support of the case of t..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30

Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)

....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......ch a prayer could have been asked before the SIAC Arbitration counsel. Although a different condition has been agreed upon by the parties to ask for interim measure only to the extent of intellectual property, but this court finds that as the respondent company has admitted that the petitioners prob..

Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61

Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)

....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......ult to curb out 3.09 acre s of land. In this connection it is pertinent to quote Rule 3 of Order VII of the Code of Civil Procedure as under:- "Where the subject-matter of the suit is immovable property, the plaint shall con­tain a description of the property sufficient to identify it, and, i..

Category: Property Law | Date: 30 May, 2012 | Hits: 33

Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)

....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... Dolly Rani Roy after her marriage obtained a probate in Probate Case No.72 of 1985 of the Third Court of Sub-ordinate Judge, Dhaka on the claim that her grandfather Harendra Kumar Sen bequeathed his property situated at 30, Birendera Bose Street, Dhaka in her favour by virtue of an unregistered Wil..

Category: Civil Law | Date: 30 May, 2012 | Hits: 47