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Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ul Awal, 1985 BLD (AD) 230, this, Court observed that the question as to rectification of a share register could not be mixed up with an application for winding up the Company in which creditor's rights were of paramount importance and that the Court will not exercise its discretion for rectific..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....ich is not collusive and in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt With by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein except un..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....nce of payment of rent produced in this suit starts from 1951, but the claims actual physical possession from much earlier, in 1948. With passage of time, question of limitation and accrual of vested rights step in and the High Court Division correctly rejected the application for amendment of plain..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....was as to the order of attachment and its implication. It is unfortunate that Rule 10 was not considered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person ho..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
.... the otherwise present legal order of detention. With great respect, we fail to agree with this view. We cannot take a too technical and legalistic view on one of the most cherished fundamental human rights, that of liberty of an individual. Only a valid order of detention or a valid detention could..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
.... how far this proposition can be accepted. 7. Mr. S. R. Pal, learned Counsel for the appellants, has referred to section 91 of the Transfer of Property Act and ha made a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....on dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit No.11 of 1962 against Hrishikesh Roy which was decreed on compromise on 03.11.62 and by the said decree the 8 annas rights of Parul Bala Roy and 8 annas right of the present petitioner in the entire disputed properti..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....de. They just could not stand the lease having been lost before the High Court Division in a previous writ case. 12. It is now well settled that a writ would be maintainable' even though the rights of the petitioner arose out of a contract if the executive authority acted mala fide or ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....y;dural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of Course this can be done without affecting any substantive rights acquired by any of the patties to the proceedings before the change. It is however, equally w..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sakya Pada Barua & others Vs. The State and others, 1986, 15 CLC (HCD)
....y were submitted were omitted from the schedule of the Special Powers Act, the question substantially is whether the offences which were committed before their omission from the schedule gave rise to rights and liabilities which can be presumed to have been destroyed by such omission. In my consider..Category: Criminal Law | Date: 12 Jan, 1986 | Hits: 1
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....ion between a co-sharer tenant and a tenant having the contiguous land has been again pronounced in definite terms and language in subjection (5). This sub section has set forth the prior rights to purchase under section 96 it is quoted below: ‘‘(5) (a): If (i) a co-shar..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Bipin Chandra Ray Vs. Bunchuki Barmani, 1984, 13 CLC (HCD)
....cter contemplated by section 42 of the Specific Relief Act, it is the substance and not the form which has to be regarded. Where a person in substance asks for a declaration that he has mortgage rights to the whole sixteen annas of a property and asks it in the form of declaration that the defe..Category: Property Law | Date: 31 Jul, 1984 | Hits: 2
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....Since 1977 the petitioner has not received any dividends on his shares. The Managing Director has taken full control of the Company's affairs and management in complete disregard of the rights of the petitioner and other shareholders who are not relatives of the Managing Director. The ..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....y committed, but that section could be properly invoked and, apart from points of procedure and otherwise, should be taken advantage of. It/was further, held that "the principle of forfeiture of rights in consequence of a default in procedure by a party to a cause is a principle of punishment i..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....e been possessing the same. 4. During the S.A operation the land was wrongly recorded in the name of the defendant No.1 Government of Bangladesh as khas land. On the basis of erroneous record of rights, the defendant No.13 and Hashem Ali, the predecessor of defendant Nos.14-21 took pattan of so..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
....ssion. 18. So. on consideration of evidence on record and the relevant laws, I find that the plaintiffs have been in uninterrupted actual physical possession of the suit land asserting their own rights and against the right, title 5 and interest of the original owner since the date of their pur..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....itioners have not all been helpful in this regard. It does not seem to be reasonable, therefore, that a share holder of 3 years, standing should be debarred, albeit temporarily, from exercising their rights as share-holders, on the strength of same vague and unspecified allegation, that the petition..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)
....ncluding the place where he died. 11. The scheme and purpose of an Act is to be gathered from a reading the enactment as a whole and its purpose and the mischief it sought to remedy and the rights it sought to spell out is and must be remembered as a guiding factor in interpreting an ..Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
.... published and accepted under the provisions of State Acquisition and Tenancy Act as final. There are two provisions under the State Acquisition and Tenancy Act regarding preparation of the record-of-rights. Under section 19 of the State Acquisition and Tenancy Act in view of the notificat..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2