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....y respectively of the said Bank. It appears that on 18.01.2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the years 1998 and 1999, being ......er of this Court and on receipt of the letter dated 17.7.2003 from the contemner-appellant No.2 Mr. K.Z. Alam referred to his earlier letter dated 19.7.2003 and talked to the contemner-appellant No.1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the co..
Category: Criminal Law | Date: | Hits: 60
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....থীত মতে প্রতিকার পাইতে পারে কিনা? 5. The learned Assistant Judge on consideration of the materials and evidence on record dismissed the suit holding that the suit was barred by limitation and the plaintiffs have failed to prove their case of......e suit land by creating forged sale deed dispossessed the plaintiffs from the 'Kha' schedule land during the pendency of the suit on 20.12.1986 and for which the plaintiffs subsequently prayed for recovery of khas possession of the 'Kha' schedule land. 3. The defendant Nos.1-6 contested the suit ..Category: Property Law | Date: | Hits: 51
....ment accorded permission to purchase those properties. Thereafter, one Inspector of the District Anti Corruption Bureau, Dhaka thoroughly inquired the allegations and finally submitted inquiry report holding that those properties acquired by the petitioner were not disproportionate to his known sour......r section 4(1) of the Act directing any person to submit statement of his property and liabilities. It can not be said that under the Act, the Bureau is without jurisdiction to issue such notice. Moreover, in this jurisdiction, we can not decide whether the impugned notice is for the self same prope..
Category: Anti-Corruption Laws | Date: | Hits: 171
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
.... the trial Court decided the issues and accordingly decreed the suit declaring that the impugned orders relating to mutation in respect of the suit land are illegal, without jurisdiction and void holding, amongst others, that the plaintiff has proved his title and possession in the suit land and......iff was not a party in the order mutating the name of the defendant, he was not entitled to challenge that order in failing to consider that the defendant mutated his name in respect of the suit land over which the plaintiff had acquired right and interest and that the said ex parte order adversely ..Category: Property Law | Date: | Hits: 32
Alauddin Vs. State, 1999, 28 CLC (HCD)
....levant orders passed by the learned Additional District Magistrate, and the learned Sessions Judge. We have also considered the first information report and charge-sheet submitted by the police after holding investigation. It is true that the investigation officer submitted charge-sheet under sectio......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..Category: Criminal Law | Date: | Hits: 29
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....inate Judge after hearing the parties in the matter of the application for temporary injunction and was pleased to reject the prayer for temporary injunction by his judgment and order dated 29.1.86 holding, inter alia, that the plaintiff petitioners have failed to establish any prima facie case. A...... court and as such the defendant opposite party No. 1 is estopped under section 116 of the Evidence Act from denying the title, of the landlord defendant No. 1 of the Partition Suit without handing over possession of the suit premises. He also submits that the impugned decree of the said partiti..Category: Procedural Law | Date: | Hits: 80
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....engine and ad valorem court-fee therefore ought to have been paid in view of the provision of Section 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was correct, resulting in an error in decision occas......ation on 2.9.84. The Rupganj Police Station thereafter seized the launch and brought it to Rupganj Police Station ghat from the opposite party's dockyard and with the permission of the court handed over possession of the launch to the petitioners. The petitioners thereafter asked the opposite part..Category: Civil Law | Date: | Hits: 159
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....nce. Since the Legislature themselves in plain language have used specific well defined term to qualify one definite person to be the representative member of the Upazila Parishad, presumably for upholding the democratic character of both the above mentioned Local Government Institutions, in acc......ent: Mohammad Abdur Rouf J Syed Fazle Ahmed J Md. Monirul Hoq son of Late Haji Abid Ali, Chairman, Chandina Upazilla Parishad, Chandina, Comilla......................Petitioner Vs. Government of Bangladesh represented by the Secretary, M/O. Local Govt. & Rural Dev. of Banglades..Category: Election Law | Date: | Hits: 92
....e defendant, namely, Messrs National Tuberculosis Relief and Rehabilitation Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit premises being holding No. 98, New Elephant Road, Dhaka, as per terms and conditions of the contract. The tenancy......agreement the rent was payable within 1st week of every month according to English Calendar month. The defendant paid rent very irregularly and not according to the terms of the contract and also over stayed in the premises. The plaintiff requested the defendant in writing to vacate the suit pre..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....usiness and such case has been proved by producing disinterested witnesses such as O.P.W.2, 3 and Advocate Commissioner, but the learned judges over looking those evidence allowed the preemption case holding that the development so made, made during the pendency of the preemption case and such findi......e is not maintainable in the present form and manner and the same is liable to be dismissed. He further stated that he is a businessman, dealing with paddy and doing business using the disputed land covering plot Nos. 697, 696 and 486 where he established a Husking Mill and chatal. In order to exten..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....n seeking leave to appeal against the common judgment and order dated 04.11.2009 by the High Court Division dismissing the First Appeal Nos. 238 of 2005 and First Appeal No. 242 of 2005 and thereby upholding the judgment and decree dated 28.07.2005 passed by the learned Joint District Judge, 1st Cou......ct Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the application, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, tha..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
....or the petitioner that the High Court Division committed wrong in directing to hand over office of Chairmanship which fell vacant by operation of law and only remedy to fill up the said office was by holding election has no substance. We do not find any substance in the submission of the learned A......writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without delay. 2. Relevant facts are that the petitioner ..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....tion to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defendants from handing over charge to the defendant nos. 6 and 7 and their cabinet and also from holding their office. 3. It appears that on that very date on 5.01.2011 the defendants took over ......r dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained by an order of temporary injunction to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defendants ..Category: Civil Law | Date: | Hits: 91
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
.... Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging the legality and propriety of preparation of the voter list for holding election of the executive committee of the Bangladesh Swimming Federation alleging that the ......xercises that have been done by the contemners respondent Nos. 2 and 3 in the matter of preparation of the voter list and holding of the election have been done by them in their official capacity as government servant and therefore prima facie it appears to us that any order passed by them in offici..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
....one) month more. Being aggrieved, the petitioner preferred Criminal Appeal No. 3514 of 2002 and after hearing, the High Court Division, by judgment and order dated 30.06.2009, dismissed the appeal holding that the evidence on record indicates that the petitioner directly committed the offence on ......and the said supplementary report is the product of the investigation by an A.S.I. of police without transforming the case as G.R. Case; further the G.D. Entry report was transformed as an F.I.R. Moreover the instant case does not disclose any ingredients of an offence under section 387 of the Pen..Category: Criminal Law | Date: | Hits: 31
....J who wrote his opinion for himself and also on behalf of four learned brethren, namely, Yogeshwar Dayal, JN Roy, S Anand and SP Bharucha, JJ recorded, inter alia, the conclusions of the majority for holding that in the matter of appointment of Judges to the High Court Division and the Supreme Court......t Petition No. 2975 of 2003)
And
Farhad Ahmed………………………Petitioner (In Writ Petition No. 3217 of 2003)
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17..
Category: Constitutional Law | Date: | Hits: 252
Sayed and others Vs. State, 2009, 38 CLC (AD)
....is condoned. These Petitions for Leave to Appeal are directed against the judgment and order dated the 2nd day of December, 2007 passed by the High Court Division in Criminal Appeal No. 954 of 1997 upholding those dated 02.04.1997 passed by the Additional District Judge, Sunamganj in Sessions Case N......Nur Ahmed Vs. the State reported in 1971 SCMR 398. In the instant case, however, since the occurrence is admitted any information could lead the police to investigate into the occurrence. 7. Moreover, mere relationship is no ground for discarding the deposition of the witness unless there is in..Category: Criminal Law | Date: | Hits: 26
.... Block-D, Mohammadpur for 99 years on lease at a consideration of TK. 30,000.00 at six annas ground rent, Mohammad Mohib constructed a two storied building on the plot. Mohammad Mohib transferred the holding to his two brothers Mohammad Siddique and Md. Habib at a consideration of TK.30, 000.00 thro......ainst the judgment and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East Pakistan allotted to one Mohammad Mohib son of Bhagu Mia of 74 Gour Nitai Saha Str..
Category: Property Law | Date: | Hits: 41
....ase No. 3 of 1999 in the 3rd Court of the Subordinate Judge, Dhaka for realisation of the decreetal amount along with interest who rejected the claim for set off by the impugned order dated 11.5.2008 holding that since both the execution cases were pending in two different courts, set off was not po......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....e High Court Division also having found the plaintiff in possession of the suit land, ought to have held that plaintiff acquired good title by adverse possession and erred in making the Rule absolute holding that the plaintiff in possession of the suit land as tenant of defendant No.1, though no doc......ut in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. Rabeya Khatun brought T..Category: Property Law | Date: | Hits: 33
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