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Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)

....ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ......in the petition that the said shares‑holders have in all subscribed 5000 shares thus the paid up capital of company comes to Taka 50,00,000.00 and the company's assets do not reflect more than that amount. 8. Mr. Shamsuddin Babul, the learned Advocate, appearing on behalf of the petitioner comp..

Category: Company Law | Date: | Hits: 74

Jupiter Glass Indus­tries Ltd. & others Vs. Titas Gas Transmis­sion and Distribution Co. Ltd. & another, 1982, 11 CLC (HCD)

.... In the result, the appeal is dismissed and the Rule is discharged without any order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 293. ...... In the result, the appeal is dismissed and the Rule is discharged without any order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 293. ......e. The im­mediate inconvenience would be that the plaintiffs will require to set gas at the enhan­ced rate. In case the plaintiffs succeed in the suit, they will be at liberty to recover the excess amount paid by them. From this, it is evident that the loss that might occur to the plaintiffs is on..

Category: Civil Law | Date: | Hits: 124

Awlad Hossain Vs. Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others, 2010, 39 CLC (HCD)

....on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated. Communicate this Judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 444. ......rtha Rin Suit No.1 of 1992 in the Court of the then Subordinate Judge and Artha Rin Adalat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 2..

Category: Civil Law | Date: | Hits: 145

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......Financial Corporation Vs. M/s Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Sugar, Mills Vs. State of UP AIR 1979 (SC) 621 and 1981 BLD (AD) 91, In the aforesaid cases their Lordships have settled the principle of promissory estoppel. Once the Government authority makes a promise and in pursuance of ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..

Category: Employment/Service Law | Date: | Hits: 72

Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)

....e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......d Banu, appear­ing for the appellants mainly submits that a mere perusal of the impugned order clearly shows that the Bank has filed Artha Rin Suit No.3 10 of 2003 for realization of its outstanding amount of Tk.3,57,98,000 and also filed Execution Case No.574 of 2005 and then a second Artha Rin Ex..

Category: Administrative Law | Date: | Hits: 212

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

....dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......the fact the licensee. 19. From the statements of P.W.1 and 2 and the two D.Ws.1 find nothing to indicate that defendants by conduct or otherwise admitted their possession as licensees. 20. The principle laid down by the Appellate Division in the case of Abdus Samad and others Vs. Deputy Commi......number of other persons, a right to do, or continue to do, in or upon the immoveable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license. 53-55……..

Category: Civil Law | Date: | Hits: 123

Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)

....ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......ired any where to remove the possibility of doubt being arisen in interpreting any provision of the said Penal Statute and the Rules. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 772. ......nother bundle of Taka 50,000 on the carpet covering his office floor, since he could not conceal this second bundle. Then the informant, in presence of the witnesses named in the FIR, seized the said amount of money, described as bribe money, and obtained signature of the witnesses on the seizure li..

Category: Anti-Corruption Laws | Date: | Hits: 44

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......ities to the contending parties to adduce fresh evidence in support of their respective claims. Send down the case records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 502. ......nd, although in the written objection it was specifically asserted that Taka 2000.00 was spent in making improvement. It also appears with the evidence of the D.Ws. that the pre‑emptee spent a good amount of money in effecting improvement on the case land by making earth‑work. In the facts and c..

Category: Property Law | Date: | Hits: 54

Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)

....ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ...... & others Vs. Muslim Khan and others reported in 8 DLR 606. The relevant portion of the said Judgment regarding the scope of section 41 of the Transfer of Property Act reads as under: "It is a principle of natural equity which must be universally applicable that, where one man allows another ......ws the other to hold himself out shall not be permitted to recover upon his secret title, unless he can overthrow that of the purchaser by showing either that he had direct notice, or something which amounts to constructive notice, of the real title; or that there existed circumstances which ought t..

Category: Civil Law | Date: | Hits: 59

Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)

....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......judgment and decree which cannot be sustained in the eye of law. 20. In the case of Hajarilal Mondal Vs. Md. Mozaffor Bepari reported in 8 BLC (AD) 77 wherein it has been held: "It is a settled principle of law that the lower appellate Court being final court of fact will have to discuss and r......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ..

Category: Civil Law | Date: | Hits: 48

Dabiruddin Mia and others Vs. Mothaharuddin Miah and others, 2006, 35 CLC (HCD)

....is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ...... but registered earlier. The criterion in such cases for the purpose of determining when the sale takes effect is not the date of registration but the date of execution of the deed itself. 18. The principle expressed in the case referred to above fully applies in the facts and circumstances of th......is set aside and the miscellaneous case is dismissed. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 180. ..

Category: Property Law | Date: | Hits: 38

Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)

....is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and neces­sary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......e Rule is as follows:- One Monjur, the then Inspector of District Anti-Corruption Officer, Chittagong lodged the FIR stating that in order to facilitate Chittagong "Press Club" to receive handsome amount, the accused-petitioner, holding public office, asked the Chief Account Officer to realize 2%..

Category: Procedural Law | Date: | Hits: 59

Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)

....Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ......the accused petitioners in this case, it appears that admittedly there was a written contract , between the FDC and the accused petitioners for making a film on stipulated terms and conditions and an amount of Tk. 35,93,315/- became payable by the petitioners to the FDC for using the materials and s..

Category: Criminal Law | Date: | Hits: 66

Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)

....pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ......or retrospective. It can be profitably said that the Code of Criminal Procedure is not a substantive law but a procedural law prescribing procedure. So far as procedural law is concerned, the general principle is that alterations in procedure are retrospective unless there are some good reason again......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..

Category: Criminal Law | Date: | Hits: 77

Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)

....hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......CT concern to reassess. Thereafter upon hearing the representative of the Assessee-applicant, the DCT concern disposed of the tax liability of the Assessee-applicant most arbitrarily keeping the same amount as earlier assessed as income of the Assessee-Applicant. 4. Having been aggrieved with and..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....red by my brothers, Surendra Kumar Sinha, J. and Syed Mahmud Hossain, J. I agree with the reasoning and findings given by Syed Mahmud Hossain, J. Ed. This Case is also Reported in: ......e leave granting order. The State Acquisition and Tenancy Act, 1950 The aim and object of promulgating this Act is mainly in liquidation of rent receiving interests of land-lords. The main principle on which this statute was promulgated from a socialist point of view, and egalitarian outl......f rupees they have invested and given as value of the flats to the builder-respondent”. The Supreme Upon consideration of the totality of the facts directed the builder to pay 60 lacs including the amount paid by the allotees as damages with further direction to pay 21% interest per annum on the s..

Category: Environmental Law | Date: | Hits: 433

Bangladesh Krishi Bank Vs. Government of the People's Republic of Bangladesh and Others, 2007, 36 CLC (HCD)

.... on an under taking to start the works of the project and take the balance money later on by way of executing a Deed of Mortgage No.197942 dated 20.08.1984 re-payable with interest in six half yearly installments starting from 30.12.1984 and ending on 30.06.1987 but surprisingly the respondent No.5,......is sent back to the Court below for writing out a proper order in accordance with law. Send down the lower Court's record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 242. ......amati. 10. We have considered the submissions made by the learned Advocate and perused the writ petition along with annexures. It appears that the respondent No.5 for his fishing project took loan amounting to taka 56,577/- only by way of executing a Deed of Mortgage No.197942 dated 20.08.1984 re..

Category: Civil Law | Date: | Hits: 74

Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)

....y realised with the help of local people at Khagrachhari and on 26.7.2002 the accused No.1 admitted about the dues payable, and again promised to pay the same within the month of April, 2003 by three installments. When the accused-petitioner defaulted to pay any installment inspite of several reques...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......ance with him, asked for loan of Tk. 1,50,00,000/-, and the informant on good faith and bona fide belief paid the money on condition that it will be returned within three months along with some extra amount. It was further stipulated that within 15th day from the receipt of the loan, the said accuse..

Category: Criminal Law | Date: | Hits: 62

Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)

....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......Court and obtained the present Rule. 7. Mr. A. Y. Ahmed Ali, the learned Advocate appearing for the petitioners submits that the trial Court as well as the appellate Court overlooking the cardinal principle of Hindu Law which are universally applicable that a Hindu Widow without legal necessity c......e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ..

Category: Property Law | Date: | Hits: 57

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......re the Court can proceed to give a Judgment under Order LX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree. The principle laid down in the Judicial authority is equally applicable in a suit for setting aside an o......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..

Category: Property Law | Date: | Hits: 64