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....above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
...... a further declaration against its ‘vested character’ or against the notice as an ancillary relief.
19. In absence of which the simple suit for perpetual injunction was not maintainable. This view finds support from Rafizuddin Ahmed Vs. Mongla Barman and others, 11 BLD (AD) 245. Under simila..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
.... concerned preferably within 3 (three) months from the date of receipt of this Judgment and Order. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 378. ...... and, as such, it is clear that the Court of Settlement is to dispose of the case on the basis of the materials before it notwithstanding the fact that the petitioner is absent or took no steps. This view has already been supported in various decisions of this Court. In the case of Government of the..Category: Property Law | Date: | Hits: 66
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....ventually submitted the same to the Registrar of Joint Stock Companies for registration. But due to printing mistake, against the name of each subscriber instead of 1250 shares, 12500 shares had been erroneously printed both in the Memorandum as well as the Articles of Association. It is also sta......refuse to confirm the reduction of capital decided upon by a company unless the reduction appears to be unfair or inequitable. 20. The proposed reduction appears to be bonafide and fair. 21. In view of the circumstances stated above, I would consider it just and proper to confirm the resolutio..Category: Company Law | Date: | Hits: 74
....
In the result, the appeal is dismissed and the Rule is discharged without any order as to costs.
Chowdhury ATM Masud J.- I agree.
Ed.
This Case is also Reported in:35 DLR (HCD) (1983) 293.
......ing serious inconveniences to the general public. Plaintiffs' prayer was opposed. The learned Subordinate Judge on hearing the parties and on consideration of their respective cases became of the view that the plaintiffs had no prima facie case and that plaintiffs' loss, if any, could be only pe..
Category: Civil Law | Date: | Hits: 124
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......aka in Bankruptcy Suit No.14 of 1999 and soon thereafter he contacted with his lawyer and after obtaining necessary papers he filed an application under section 40 of the Bankruptcy Act praying for review of the Judgment and decree dated 13-9-1999 of Bankruptcy Suit No.14 of 1999. Ultimately, the le..Category: Procedural Law | Date: | Hits: 114
....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
......l Procedure and section 33(2) of the Artha Rin Adalat Ain, 2003 rightly rejected the application of the present appellant for one month time to deposit 25% of the bid money. Mr. Nur also adds that in view of the provision of Order XXI, rule 84 of the Code of Civil Procedure person does not mean 1st ..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
.... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ......an two years and that the trial of the case cannot be concluded within the stipulated period as prescribed under section 339C of CrPC and, as such, the appellant is entitled to be released on bail in view of the provision of 339C(4) of the Code of Criminal Procedure. The said application came up for..Category: Procedural Law | Date: | Hits: 72
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......or appointment of Lecturers and Demonstrators in the aforesaid college. In pursuance of those advertisements the petitioner applied for the post of Lecturer of Management. He appeared before the Interview Board and after the interview he was selected and appointed as Lecturer of Management by a lett..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......r illegally inasmuch as, the last execution case was filed by the Bank after 2 years 10 months 23 days from the date of disposal of the previous execution case and so, it is barred by limitation in view of the provision of section 28 of the Ain; that the application filed by the Bank for execution..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ...... opposed by the bank by filing an affidavit-in-opposition contending, inter alia, that the learned Judge of the Adalat rightly conferred title of the petitioner's mortgaged property upon the bank, in view of the provisions laid down in section 33(7) of the Ain, 2003. 7. Mr. ARM Shahidul Islam, th..Category: Civil Law | Date: | Hits: 139
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... that the petitioner took adjournments for more than three times and he was given sufficient opportunity to cross-examine the witnesses. We find that the view taken by the learned Judge is absolutely erroneous and misconceived, inasmuehas the petitioner filed fresh applications for recalling the wit......he P.Ws.2-5 were not at all cross examined so ends of justice demands that they should be cross-examined. He, however, submits that trial Court may be directed to conclude the trial expeditiously. In view of the facts, we appreciate his submissions. 9. In order to appreciate the submissions advan..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......e is whether a licence is a heritable right. The other incidental issue is whether the findings of the Courts below about adverse possession in favour of the defendants is sustainable particularly in view of their decision that the suit for ejectment is not maintainable and that a suit for declarati..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... the name of defendant opposite party No.3 coupled with the oral evidence of the parties conclusively prove that the defendant opposite party Nos.1 to 3 are in possession of the suit land and in that view of the matter the trial Court rightly observed that the instant suit as framed is not maintaina..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ...... contemplated under sub-section (2) of section 32 or for taking cognizance by the learned trial Court as contemplated under subsection (1) of section 32 of the Ami Corruption Act (the Act). 10. In view of the facts and circumstances of the case stated, we are mainly called upon to consider (1) as..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... whether, among others, the defendant‑opposite party Nos.3 to 5 were in possession of the said 14½ decimal of the suit land in the southern portion by erecting huts stating that itwas necessary in view of the claim by the defendant Nos.1 and 2 in their written objection. The trial Court vide orde..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... sole purpose to frustrate the petitioners' both the decrees obtained by a lapse of 11 years upto the Appellate Division and, as such, the impugned order passed by the learned Subordinate Judge is an erroneous order superseding this Court' s order dated 14‑1‑1996 staying operation of the earlier......a correct order and there is nothing wrong in it. The learned counsel further submits that there was necessity for staying the execution cases pending disposal of Title Suit No.22 of 1995 and in that view of the matter also, the learned Subordinate Judge has correctly passed the impugned order for a..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......order regarding title of either party. As the judgment is unanimous so it cannot be challenged in the ordinary Court. So, the instant suit is not maintainable. I am in full agreement of the aforesaid views of the trial Court. 19. The Court of appeal below completely misconceived the Provisions of..Category: Civil Law | Date: | Hits: 48
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
.... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......he learned Deputy Attorney General to the effect that when the charge is found to be defective the only legal consequence is that the case should be sent back on remand for a new trial, we are of the view that it would be unjust to sent the case back on remand when admittedly it is found from the fa..Category: Criminal Law | Date: | Hits: 43
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......rt cognizance was taken fixing the date on 11-5-1993 for presence of the accused-petitioner and others but on 11-5-1993 this accused-petitioner filed an application before Senior Special Judge to review the Order of taking cognizance in the form of Naraje-Petition which was rejected with an observ..Category: Procedural Law | Date: | Hits: 59
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