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....or holding of AGM of the Bank. It further appears that after the introduction of section 15KaKa to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No.4809 of 2003 in the High Court...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
.... ambit of section 464 of the Penal Code. He further submits that the findings of the High Court Division that the disputed deed's "genuiness may be challenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on misconception of law, inasmuch......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020...Category: Criminal Law | Date: | Hits: 54
....ment the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and the defendants secured the said loan by creating legal and equitable mortgage of the property described in the plaint but as per terms and conditions......t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....II ADC (2010) 960.......decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960...Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....aban but the police did not comply with such request and hence the writ. 3. Mr. Rokanuddin Mahmood, learned Counsel, appearing for the petitioner submitted that the High Court Division committed illegality in passing the impugned interim order inasmuch as the impugned order effectively amount to ......the High Court Division arose out of the injunction matter in the suit; that after hearing the parties the High Court Division made the Rule absolute on 11.08.2009 directing the parties to maintain status-quo and also directing the present respondent No.1 and other parties not to create any hind..Category: Civil Law | Date: | Hits: 103
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Advocate...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....We have also perused the impugned judgment passed by the High Court Division as well as the judgments passed by the courts below. The learned Advocate submitted that the High Court Division acted illegally in not taking into consideration that the appellate court below after scrutiny of the Exhi......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
.... be counted and he is quite eligible for admission according to the amended notification of the University and government policy as per Annexure-D and E as mentioned above. But the respondent No. 2 illegally did not process the petitioner’s admission form with malafide intention although the oppor......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..Category: Others | Date: | Hits: 100
....2.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including his assets and liabilities should not be declared to have been made without lawful authority and is of no legal effect.
2. Background of issuance of the Rule in short is that on 11.2.2001 District Anti ......arged.
However, there will be no order as to costs.
Md. Ashfaqul Islam J.- I agree.
Ed.
This Case is also Reported in: 15 BLC (2010) 73; 15 MLR (HCD) (2010) 1; 30 BLD (HCD) (2010) 181.
..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....pondent presented those cheques to the bank for encashment but those cheques were bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accu......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....84 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and the order dated 16.6.2006 (Annexure-A-2) passed by respondent No. 4 shall not be declared to be without lawful authority and are of no legal effect and why the respondent No. 3 should not be directed to register the kabala executed by ......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... 2 to 5. Writ Petition No. 2249 of 2009. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, challenging the legality of the Memo No. নির্দেশ পরিপত্র নং সাঋ বি/১০ ......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....d by the order of the Respondent No.2 under the signature of the Respondent No.3 dismissing the petitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....00 by the learned Assistant Judge, Ramganj, Laxmipur, was reversed. 2. The respondent hereof as plaintiff filed the Title Suit No.88 of 2000 for declaration that the Mutation Khatian No. 270 was illegal, inoperative and collusive and made behind his back contending, inter alia, that the said ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....ng the relevant materials on record including the impugned judgment as well as the judgment of the trial Court below submits that the Court of appeal below under misconception of law and facts most illegally without adverting the material findings of the trial Court passed the impugned judgment whic......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....accordingly finally published. That the said Fazar Ali Sheikh while in exclusive possession of the land of C.S. Plot Nos.88 and other plots referred to above, died leaving one son Abdul Jabbar as his legal heir and successor. The said Abdul Jabbar sold different portions of C.S. Plot No.88 to differ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
.... triable under that Act. As such the order of sending the case record to the special tribunal for taking cognizance under provisions of the Cruelty to Women Deterrent Punishment) Ordinance, 1983 is illegal. He has further pointed out that in a revision the learned Sessions Judge gave direction for t......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
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....rom the post of Mutwalli and appointing respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made ......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....azirul Islam as defendant No. 1 and Nesarul Islam as defendant No. 16 and others; that during the pendency of the suit the said Nazirul Islam died on 23.8.82 but no substitution was made to bring his legal heirs on record and instead, the Deputy Commissioner, Bogra was made a party defendant in th......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
.... point the learned Judges made the following observation- "The necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead their legal representatives, as also a person who had purchased the property from the vendor after the c......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
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