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Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....n sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exer­cised by the decree holder not prior to that. Again if the auction sale is complete then sec­tion 33(7) cannot be in......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ..

Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6

Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)

.... the Rajshahi-Chapai Nababgonj highway for search out of suspicion. It is alleged that a ticket with number and signature used for hundi business was recovered from him. On presentation of ticket the holder of this ticket in India he will be paid in Indian Rupee of the like amount. The number of tak......ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ..

Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21

Nani Gopal Hazra Vs. Sree Nagendar Nath Roy and others, 2006, 35 CLC (HCD)

....ot full particulars regarding the said probate from the papers submitted by the principal opposite party No.1 in the mutation proceeding. 5. It is further stated that the petitioner is a service holder and as such it is not possible for him to manage the property as contained in the will and fu......missing the same is set aside and the Misc. case No.58 of 1972 is allowed. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 540. ..

Category: Hindu Law, Property Law | Date: 19 Jul, 2006 | Hits: 15

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

.... of the said Code provides that where the Court issues a warrant to the Collector under sub-section (1) clause (b) such war­rant shall be deemed to be a decree, and the Collector shall be the decree-holder, within the meaning of the Code of Civil Procedure and the nearest competent civil Court shal......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....o.1, Inge Flatz, ac­quired the suit property from RAJUK defen­dant No.3 by way of a lease deed No.9110 dated 15.09.1965. He submitted the lease deed, getting the same from his power of at­torney holder which is marked exhibit No.1. He further deposed that the suit property was wrongly treated ...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

.... defendants praying for a decree for realisation of Tk. 11,33,946.60 as on 31.03.89 with 20% interest and obtained a preliminary decree on 12.05.1991 which was made final on 24.06.2003. The decree holder bank put the decree in Execution being Artha Jari (Money Exception) Case No.417/2003. In the......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....nt December 7, 2005. Result: The Appeal is allowed. When specific provision is not available in the Act i.e. the Artho Rin Adalat Ain, 2003 enabling the Artho Rin Court to put the decree-holder into possession, the Court may exercise its such Jurisdiction as provided in rules 97 and 98 ......oying police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007)61. ..

Category: Property Law | Date: 7 Dec, 2005 | Hits: 22

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

....lification on such failure of any member of his family." It was further concluded that, "A Company is a juristic person and its personality is distinct and separate from its share holders and directors. Share holder and director of a company are liable to the extent of their shar......he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed.     This Case is also Reported in: 57 DLR (2005) 553.   ..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....xual intercourse. It is also asserted that the plaintiff and defendant became acquainted with each other for long before their marriage and the defendant was student while the plaintiff was a service holder as a Nurse of Dhaka Medical College Hospital and she used to assist the defendant financially......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......hers demanded Taka 5 lac as dowry and threatened to call off the marriage if they failed to give the amount, The complainant's father was compelled to pay an amount of Taka one lac thirty thousand by cheque. The accused persons continued to pressurize the complainant's sister for the balance, which ..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

....not present in Bangladesh at the time of liberation and accordingly, the property has been rightly declared as abandoned property. The trial Court held that the plaintiff did not file the suit as the holder of power of attorney to establish the right, title and interest of the grantor of the power o...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

....bul Bashar respectively subscribed 625,2500,1000 and 875 shares, total being 5000 fully paid shares. Abul Bashar, later on, having transferred his 875 shares to the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 pro...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

....ure E. Subsequently, on 13‑11‑2003, the appellants first party filed an application before the Magistrate, Borguna under sections 144/145, CrPC for initiating a proceeding against the said decree holder 2nd party and the Magistrate, on obtaining a police report dated 4‑12‑2003 (Annexure B) h......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)

.... of public servants under section 21 of the Penal Code. As the Code does not define Public Servant we may trace it out from dictionary. Dictionary meaning of Public Servant is an elected or appointed holder of public office. It may otherwise be said the servants belonging to the public service come ......to time, declare to be employment or class of employment essential to the life of the community. A person who was appointed to discharge the function of a Minister and who is paid out of the public exchequer and who is also liable to be dismissed comes within the description of section 21 of the Pen..

Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1

Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)

....Magistrate, Mymensingh in exercise of the power given under the Arms Act, 1978 particularly under section 18(Ka) and rule 42(1) of the Arms Rules, 1924 cancelled the firearms licences of many licence holders, the name of the petitioner appeared in serial No.24 of the general notification as regards ......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323.   ..

Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9

Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)

....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......ised to sell the suit property and respondent Nos.1 and 2 agreed to purchase the same. Accordingly, the matter was negotiated and the sale price was fixed at Taka 69,00,000. Respondent Nos.1 and 2 by cheque paid him Taka 17,00,000 as the earnest money and the appellant agreed that on obtaining permi..

Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6

Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)

....by Upendra Nath and thereafter, by the Government and, last of all, the present defendant No.1. The learned appellate Court found that the plaintiff's persuasion and chase to the equal share holder of Certificate purchase, Hanuman Das, has finally led to the point of her purchase from Upend......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702.         ..

Category: Property Law | Date: 27 Jul, 2004 | Hits: 2

Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)

....or signing of the agreement. None of the provisions of arbitrators to be appointed by a person designated the contract indicates any intention of the parties to the agreement either by name or as the holder for cover the works already done by 8‑10‑88 nor any the time being of any communication b......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626.   ..

Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8

Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)

.... Seth and others. The suit was decreed on contest on 22‑8‑1934 and the defendant fought up to the then High Court of Calcutta against the decree of the trial Court unsuccessfully but the decree‑holder defendant never executed the decree and Yakub Seth continued in possession till 1965 and afte......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..

Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160