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AKM Nazimuddin Vs. Md. Delwar Hossain and others, 2008, 37 CLC (HCD)
....ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......ned Senior Assistant Judge, Sadar Court, Noakhali, in hereby affirmed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 868. ......of the land sought to be preempted was higher than that of the land which was left out from seeking pre-emption. The pre-emptee No.1 further contended that he constructed a homestead by spending huge amount of money and that the pre-emption as sought was not maintainable. 4. The learned Senior ..Category: Property Law | Date: 11 Jun, 2008 | Hits: 12
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......red those shares. Arguing that predicated on the fact that an intervention by this Court in the form of an order condoning the delay in holding of AGMs operates under the "condonation reversion" principle and that a condonation of delay has the primary retrospective effect of a company's inter......25.09.2005. Paid up Capital has been increased by 30% bonus shares declared for the year 2002 (Accounting year 2001) based on the record date of 16.8.2007. 3. Under the above circumstances, amount of Paid up Capital would be Tk. 50,63,46,737/- for the purpose of issuing 50% bonus shares..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Haji Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......ed. No order as to costs. The Rule issued in Writ Petition No.3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 7. ......sioner at a time, not being earlier than fifteen days after date of publication of the notice, and place mentioned therein and to state the nature of their respective interest in the property and the amount and particulars of their claims to compensation for such interests. (3) The Deputy Commi..Category: Property Law | Date: 8 Jun, 2008 | Hits: 11
Mst. Phulbanu @ Phul Vs. State, 2008, 37 CLC (HCD)
....w Judicial Magistrate, Bogra, will proceed in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 350. ......t with the aforesaid decision. 14. We have gone through the decision reported in 44 DLR (AD) 260 as referred by the learned Counsel for the petitioner, we are in respectful agreement with the principles enunciated therein but the facts leading to that case are quite distinguishable to that ......n the pretext of providing or securing, to or for any person, employment in any country beyond the limits of Bangladesh- (a) being a recruiting agent, charges fee in addition to the prescribed amount; (b) not being a recruiting agent, demands or receives or attempts to receive, for hims..Category: Procedural Law | Date: 5 Jun, 2008 | Hits: 4
Mannan alias Mannan Khan (Md.) Vs. State, 2008, 37 CLC (HCD)
....f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......f the petitioner. Send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 863. ......Khan Brothers" of Kunjanagar Bazar within Nagarkanda Police Station and found that Md. Mannan, owner of Khan Brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Taka 1,04,313 and 14 barrels of kerosene each containing 218 liters total 3052 liters a..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 2
Md. Emdad Hossain and another Vs. Bangladesh Biman Corporation and others, 2008, 37 CLC (HCD)
....ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ...... prohibition on the promotion of the writ-petitioner respondent to the post of Superintending Engineer as a right has already accrued to him under BADC Service Regulations, 1968." 13. The principle expressed in the above case applies to the case in hand as when the petitioners joined t......ervice are declared to have been passed without lawful authority having no legal effect. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 461. ..Category: Procedural Law | Date: 4 Jun, 2008 | Hits: 7
Md. Mannan Alias Mannan Khan Vs. State, 2008, 37 CLC (HCD)
....e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e petitioner. Send down the records, of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 664. ......e "Khan brothers" of Kunjanagar bazar within Nagarkanda Police Station and found that Md. Mannan owner of Khan brothers hoarded 141/2 barrels of diesel each containing 218 liters total 3161 liters amounting to Tk. 1,04,313/- and 14 barrels of kerosene each containing 218 liters total 3052 liters..Category: Criminal Law | Date: 4 Jun, 2008 | Hits: 3
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......been put into possession of their respective saham pursuant to the final decree passed in the previous suit there is no scope of re-opening the matter so, the instant suit is clearly barred by the principle of res judicata within the meaning of section 11 of the Code and, as such, the plaint wa......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......he observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-pe......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......n the observations that the cause of action for filing a suit for partition being recurring without taking evidence it was not possible to decide whether the suit was barred by limitation or by the principle of res judicata. Against the said order of the learned Subordinate Judge, the defendant-p......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... 2006) pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka. 2. Complainant opposite party in the petition of complaint alleges that, accused petitioner issued cheques amounting to Taka 2, 00,000 vide cheque no. CAF/A 7548538 dated 22-7-2006 from C/A No.1923, cheque N..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
....Nitol Motors Ltd. a business concern dealing in vehicle of different, models and in between 21-03-2000 to 20-05-2000, accused No.1 applied in prescribed form of the Company to purchase live trucks by installments, through the appointed dealers of the Company namely M/S Dad Motors, Pabna and M/S Aliv....... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......erein the Bank stood as guarantor. According to the agreement the accused paid Tk. 26,50,000/- as initial installment, subsequently paid 2,50,000/-, thereafter the accused did not pay the outstanding amount for the rest installments, which ultimately stood at Tk.40,99,796/-. On 14-06-2003, the accus..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......t maintainable in the circumstances of the case the instant suit for declaration title and for recovery of khas possession along with the other reliefs was quite maintainable in law and, as such, the principle of constructive resj udicata has got no manner of application as sough to be arg......ister as they had no other house to live in, and if such help was given he would leave the suit property. On such proposal when Hajee Md. Selim wanted to know from the plaintiffs father the amount of compensatory costs he had to be given, he (Abdul Majid) after deliberation in a separate r..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......the suit submits that realisation of money in excesses of "FY" (loan) as defined in section 2(kha) of the Artha Rin Adalat Ain, 1990 is beyond the jurisdiction of the Artha Rin Adalat inasmuch as amount of ECG claim realised by the respondent-Bank from Saddharan Bima Corporation does not fall ..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ......an be liberated of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted p......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6.......an be liberated of the charge levelled against him on bestowing a Ruling of acquittal on finding him not guilty of the charge. 29. In approaching and answering to the points drawn up, the cardinal principles of criminal jurisprudence in awarding conviction followed the sentence upon an indicted p......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......down in section 17 of the Ain is merely directory one. It has been held in the case of Bangladesh Marine Fisheries Association Vs. Government of Bangladesh reported in 52 DLR 273 that it is a settled principle of law as to the interpretation of any statute that if the law providing any obligation is......he plaintiff obtained loan from the respondent-bank and installed a factory. But subsequently, he failed to pay the loan and became defaulter, the plaintiff-bank repeatedly requested and demanded the amount but the defendant-petitioner did not pay the loan and, as such, the plaintiff-bank filed Arth..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... 4. Defendant Nos. 1-4 contested the suit by filing joint written statement denying the case of the plaintiff and according to them the suit is not maintainable in its present form and barred by the principle of estoppels, waiver and acquiescence and that Water Development Board is a semi- Governme......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
....ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
......ion can also be cited in the case of Hazari Bala Sana and another Vs. Niron alias
Niranjan Mandal and others reported in 17 BLD (AD) 295 where in
it has been held that:-
"It is a
settled principle that the findings of fact, whether concurrent or not, arrived
at by the lower appellate C......ance of the Rule is hereby
vacated.
The lower courts
records be sent down at once with a copy of the judgment.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 488.
..
Category: Property Law | Date: 9 Apr, 2008 | Hits: 4
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... suit." 24. This view gets support from the case of Abdus Salam Bepari Vs. Shamsun Nahar reported in 6 BLC (AD) 36. 25. From the above evidence, averment of the plaint vis-a-vis the principles as laid down in those decisions, I do not find any possible reason to agree with the find......laintiff-appellant was not required to adopt the language of the statute to make out a case for rebuilding of the suit house. Whether "addition, alteration and renovation" of the suit house amounts to cosmetic improvement or entails reconstruction after demolition is a question of fac..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
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