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Displaying 1641-1660 of 2021 results.
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....d in consideration of provision of Section 540 of the Code of criminal Procedure, we are of the view that the High Court Division rightly passed the impugned judgment as aforesaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no meri......For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the H......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......d Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High C...... the material allegations made in the plaint and subscribing, inter-alia, that the suit was barred by limitation and also was not maintainable. It was further stated that the plaintiff proposed to sell the property to the defendant No. 1 and the defendant No. 1 agreed and in order to avoid..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....position of property or any other matter required by law to be reduced to the form of a document, have been proved according to the provision of Section 91 of the Evidence Act, no evidence of oral agreement or statement shall be admitted, as between the parties to any such instrument o......ation that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to his wife Ayesha Khatun. The plaintiff and his br...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
..............Respondents Judgment January 22, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how h........................Respondents Judgment January 22, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as ...... inter alia, that defendant No.1 (since deceased and substituted by her heirs), a respectable old Muslim lady, then almost invalid and living in the same mess with her sons, expressed her desire to sell the suit land and structures in her ownership situated at Chittagong through her son and karyak..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....te, Chittagong for taking action as per provision of section 64(1) of the Waqfs Ordinance, 1962 (the Ordinance) for evicting the writ-petitioners from the respective shops, taken lease by the written agreement from the Mutawalli, treating them as trespassers in respect of the property of Mowlana Abd......) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......e with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. Civil Appeal No. 264 of 2001 (From the judgment of 23rd October, 2000 of the High Court Division in Civil Revision No. 898 of 1995). Judgment Md. Ruh......dra Mohon Roy @ Sachindra Mohon Roy, that in the last part of 1972 defendant No.1 came to know that Ali Ahmed Khandker and Wali Mohammad Siddiqui, who were residing in the suit property, intending to sell the,, property in suit, the defendant No.1 agreed to purchase the same, that after their purcha..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....eclaration, inter alia, that the plaintiffs are the sole distributors, sole indentures and exclusive importer of Birla Tyres for Bangladesh on the basis of their appointment letters and contracts/ agreements made with them until condition is changed the Birla Tyres demand exceeding the limit and......;………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appoin...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....B/86 for realisation of Tk. 21,11,411/- under the Public Demands Recovery Act, 1913. The petitioner filed Title suit No. 5 of 1987 challenging the certificate case and the order cancelling the loan agreement which, however, ended in a compromise and the suit was dismissed for non-prosecution on 13......ence is that whereas it can be done through the intervention of Court under Article 33, it can also be done without such intervention under Article 34. The argument that Article 34 cannot be resorted to without complying with Article 33 overlooks the absurd consequence that in that case Article 34 i......operty) Rules, 1980 asking the petitioner to show cause as to why the Bank should not take over the management and administration of the project of the Company under Article 34 of the Order and sell the mortgaged project, assets for realisation of its dues of Tk. 23,01,144/- as on 30.6.89 al..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....go carrying vessels Fairtech I and II, from Japan having taken foreign currency loan of US $ 6,30,000,00 from the Bangladesh Shilpa Bank, respondent no. 1 on 30.12.78 for the said purpose. Under an agreement with the Bank, the vessels were mortgaged/hypothecated with it and the petitioners underto......of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity ......Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in ..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....bject- Bangla……………………………… 6. It thus appears that in terms of section 13, as quoted above, the agreement for loan executed by erstwhile Bangladesh Commerce and Investment Limited with the defen......uhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs ......licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 101
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....ncy services for the project of construction of several buildings of the Institute of Post Graduate studies in Agriculture (IPSA) at Gazipur. ECBL was doing the said consultancy works under an agreement dated 14.12.1993 with IPSA. Accordingly the ECBLS' estimated entitlements were Tk.26,97,5......d. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ven after the reflex of time the award passed was held to be valid. 7. Section 3 of the Arbitration Act provides that unless a different intention is expressed in the arbitration agreement if shall be deemed to include the provisions set put in the First Schedule which enacts t......hellip;………Plaintiff Vs. Mohammad Shafi and others……………………..........Defendant Judgment October 27, 2005. Cases Referred To- Md. Ismail Vs. Munshi Ali Hossain 60 DLR 641......er Nos.1-3 as defendant contested the suit by filing written statement stating, inter-alia, that the suit is not maintainable as there was no cause of action. That Nur Ahmed and others did not sell the suit land to the respondent No.1 and that they did not threaten respondent with dispossess..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.... found that the amount on account of Provident Fund stood accrued to the respondent. So is the case with payment for twelve months unveiled leave benefit entitled by the respondent. We are also in agreement with the High Court Division's observation regarding the grant of pension application. ......lip;……………Appellant Vs M. A. Jalil…………………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitione......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....000 shares were deposited with the Agrani Bank and payment of share money against issuance of 1, 24,000 shares were proved by the audit report as on 30.06.1996 and Md. Shamsul Haque entered into an agreement for sale of his 55,000 shares by an agreement dated 14.10.1997 to respondent No.1 and conf......es). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to ......he petitioners, erred in not entering into the dispute relating to the sale and purchase of entire shares between the subscriber share holder and the new management although there was an agreement to sell the shares and the grievance of the respondent No.1 herein was non receipt of money only. He ne..Category: Business or Commercial Law | Date: | Hits: 109
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ent under the Companies Act and he is engaged in the business of importing crude palm online and refining it thereafter and is marketing the refined products and that the plaintiff entered into an agreement with the defendant No.1 (respondent No.1) through the defendant No. 2 (respondent No. 2) ...... Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High C......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....icultural Tenancy Act ceases and separation of tenancy is not necessary. He also submits that the High Court Division failed to consider Exhibit-A partition deed, Exhibit-B impugned kabala, Exhibit-C agreement for sale wherein specific separate possession is shown with boundaries and also failed to ...... Nawab Ali, Advocate-on-record-For the Petitioner (in all the cases) A. K. M. Shahidul Huq, Advocate-on-record-For Respondent No.1 Respondent Nos.2-15-Not represented Civil Petition for Leave to Appeal Nos.139-141 of 2005 (From the Judgment and Order dated November 3, 2004 passed by the H......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ...... ......ts i.e. the present petitioners to grant licence in favour of the writ petitioner No. 1 under section 11 of the Narcotics Control Act, 1990 for manufacture, process, carry, transport, export, supply, sell, hold, preserve, warehousing and exhibit of products under the trade name "Hunter" and "Crown"...Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....Ministry of Agriculture to transfer the project to Revenue Budget and that an agreement was made between Government of Bangladesh and Denmark for Agricultural Sector Program Support and in the agreement provision has been made for implementation of 2nd Phase of the project and that Governmen...... 2005) Md. Mostafa Kamal and ors......Respondents (In Civil Petition No. 136 of 2005) Judgement March 9, 2005. Lawyers Involved: A. J. Mohammad Ali, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioners (In b......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....nd also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. ...... June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition for Leave to Appeal no. 191 of 2005. (From the judgment and order dated 25th July 2004 passed by the H......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....6. Being aggrieved, the petitioner has preferred this petition. In support of this petition. Mr.T.H. Khan, the learned Senior Advocate submits that the petitioner having entered into a deed of agreement for purchase of the suit Property, his interests are seriously involved in the subject m......(A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by the High Co.......1 thereafter, came to learn that the plaintiff respondent Nos. 2-4 an application before pro-forma respondent No.6, Secretary, Ministry of Housing and Public Works for according permission to sell the suit property and then he filed an application before the High Court Division under Order ..Category: Property Law | Date: | Hits: 33
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