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Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....olders notifying that an Extra ordinary General Meeting would be held on 16.08.2005 at 10:00 A.M. at the registered office of the Company. The item 6 on the agenda was about the conferring of power for the operation of the bank accounts of the respondent company. The Extraordinary General M......Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ....... The Extraordinary General Meeting was duly held on 16.08.2005 under the chairman of the respondent No. 2 and attended by all the Directors/shareholders of the respondent company. At the said meeting dated 16.08.2005 the said item No.6 on the agenda was taken up for discussions and decisio..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....ting the plaint if not under Order 7 Rule 11, under Section 151 of the Code of Civil procedure inasmuch as Order 7 Rule 11 is not exhaustive. In an appropriate case resort may be taken to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordin...... Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......d-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by the High C......Property Act, served upon their father, the original tenant, and thus the leave petitioner cannot resist the eviction case. Therefore the judgment and order passed by the High Court Division do not call for any interference. 11. Accordingly, both the leave petitions being Civil Petition for lea...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....n considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also considered the original power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing......ers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not presented-the Respondents. Civil Petition for leave to Appeal No.124 of 2008. (From the judgment dated 10.09.2007 passed by the High Court divis......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122....... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. ...... huge amount of compensations will be required to be paid to Rustom Ali; thus having failed to established a market on the suit land in a regular way, the defendant petitioners managed to create a so called notice and enquiry under Ordinance No. XIX of 1959 and Act No. 12 of 1967 and procured the im......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......mon judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajdhani Unnayan......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......compensation was paid to the owners of the land and the Deputy Commissioner delivered possession of the land to the DIT, now RAJUK in April, 1963. The Board of trustee of erstwhile DIT in its meeting held on July 27, 1965 decided to revise its scheme but never abandoned the scheme. It ..Category: Property Law | Date: | Hits: 41
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....nd as such the substantive charge the petitioner more so when there is no manners on the part of the petitioner and further even after the alternations, omissions and additions in the Articles, the power and authority that was conferred on the respondent No.1 as the management of the company in ......ed-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 passed by the Appellate Division in Criminal petition for leave to Appeal No.107 of 2008). Judgment &n...... 5. We are of the view that this Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference and further in review petition there is no scope of rehearing as sou......d to purchase and sale remained intact and shares held by the Directors also remained unchanged and the respondent No.1, as Chairman, had the advantage of casting vote in the event of a tie in the meeting of the Board of Directors; further, the petitioner, being entrusted by the other share..Category: Criminal Law | Date: | Hits: 44
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....on the appellate Court to reassess the evidence on record and to arrive at his own independent findings. In the instant case, the specific findings of the trial Court have not been reversed by the power appellate Court exercising its appellate jurisdiction under Order XLI, Rule 31 of the Code of......rs Involved: Mihir Kanti Majumder, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.610 of 2007 (From the judgment and order dated the 14th day of January, 2007 pa...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ...... Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by the High ......on for leave to appeal is directed against the judgment and order dated 23.04.2005 of the High Court Division passed in Writ Petition No. 6117 of 2002 of discharging the Rule which was issued calling upon the respondent to show cause as to why the office order under Memo No.4th /A(6)-18 Mul......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....dition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to terminate the tenancy with three months, notice upon each other. The petitioners in......d another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents Judgment October 22, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. T......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
....g to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercanti......r 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 passed by the...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......ocate (Appeared with the leave of the court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.1691 of 2008. (From the judgment and order dated 18.06.2008 passed by the High ......ty shareholders of the company and other respondents were directed to transfer the disputed share in terms of Article 5 of the shareholders agreement. 17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. ......article of association, (vi) pending hearing of this application, the respondent Nos.1 and 2 beg following ad interim orders and/or directions: (a) direct the company to hold its board meeting following the provisions of memorandum and article of association at the..Category: Business or Commercial Law | Date: | Hits: 193
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
.... the properties describes in schedule Kha (1) of both the suits were mortgaged with the petitioner on 12.08.1997 by a registered deed of mortgaged dated 12.08.1997 accompanied by a registered power of attorney and also by deposit of original title deeds and that schedule Kha (2) of Artha Ri......ved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed by the High ......f the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Repor......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 563. ..Category: Civil Law | Date: | Hits: 102
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
.... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ......008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed by the High ......f the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Repo...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 561. ..Category: Property Law | Date: | Hits: 22
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......9 of 2007) 4. Champak Kumar Biswas….........Petitioner (In Civil Petition No.1090 of 2007) Vs. Governor, Bangladesh Bank and others……....Respondents (In all the cases) Judgment October 22, 2008. Cases Referred to- Government of the People's Republic of Bangladesh vs. S.M. ......at the High Court Division on proper consideration of the materials on record and the law involved arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158...Category: Criminal Law | Date: | Hits: 78
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ...... A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by the High ......f the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Repo......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ..Category: Property Law | Date: | Hits: 26
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......fendant No.1 and as such the same is void and not binding on the Government for a declaration that the judgment dated 10.04.1997 passed in Writ Petition No2456 of 1996 and Civil Petition for Leave to Appeal No. 744 of 1997 on the basis of the aforesaid decree in Title Suit No. 64 of 1972 were al...... of Joint District Judge, 3rd Court, Dhaka and the Miscellaneous Case was fixed on 20.01.2004 for filing written objection by the respondent No.1. The respondent No.1 filled an application for calling for the record of Title Suit No. 172 of 2000 by suppressing the fact that the suit was not......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......on (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank Limited represented by its Managing Director & another....Petitioners Vs. Md. Abdul Aziz and another……&helli......he Regulations as to the issuance of the show cause notice and the appointment of inquiry officer. Accordingly the order passed by the Appellate Tribunal below, being in accordance with law, do not call for any interference. 6. We have perused the impugned judgment and order of the Ad......k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......ate............................Respondent Judgment March 3, 2009. Lawyers Involved: Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment a......to Justice System and would undermine public confidence in the efficacy of law. 7. Accordingly there is no illegality or infirmity in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also ......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ...... Appellate Division (Civil)ar Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Krishi Bank, represented by the Managing Director and others……….Petitioners Vs. Md. Saidul Haque...................Respondent Judgm......Tribunal on proper consideration of the materials on record and correctly relying on Regulation 47 arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 1......ision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 298. ..Category: Administrative Law | Date: | Hits: 189
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