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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. ......59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director of Tropical Homes Limited, a private limited company, registered and incorporated under the Companies Act, 1994 on 21st April, 1996 under certificate of incorporatio......unless the reduction appears to be unfair or inequitable. 20. The proposed reduction appears to be bonafide and fair. 21. In view of the circumstances stated above, I would consider it just and proper to confirm the resolution of the petitioner company for reduction of the share capital of the......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. ..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ...... High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J Mir Niaz Mohammad……………………Petitioner Vs. Additional District Judge and others…………………….Respondents Judgment August 9, 2007. Result: The Rul......nt and decree passed by the Bankruptcy Court and therefore, the question of entertaining an application under Article 102 of the ConstituÂtion does not arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ..Category: Procedural Law | Date: | Hits: 114
....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.
......Appellate Jurisdiction)
Present:
Sheikh Abdul Awal J
M. Moazzam Husain J
Awlad Hossain………………………Appellant
Vs.
Bangladesh Shilpa Bank (BSB), Maijdi Branch, Noakhali and others………………………Respondents
Judgment
April 29, 2010.
Result:
The ap......ecree-holder-Bank in usual course put the decree into execution by filing Artha Rin Execution Case No.3 of 1995. The Artha Rin Adalat on several occasions fixed date for auction sale of the mortgaged property but due to various reasons the property could not be sold in auction and ultimately, the Ad......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.
..
Category: Civil Law | Date: | Hits: 145
Rafiq Hasan alias Biplob Vs. State, represented by the Deputy Commissioner, 1995, 24 CLC (HCD)
....ication. 9.We have considered the provisions of 339C(4) of the Code of Criminal Procedure wherein it was incumbent upon the Special Tribunal to allow the appellant to go on bail since he could not complete the trial as per provision of section 339C(4) of the Code Criminal Procedure. In fact, the ......tate. Criminal Appeal No.1888 of 1994, Criminal Revision No.1504(R)1994. Judgment Md. Fazlul Haque J.- This appeal under section 30 of the Special Powers Act is directed against the Judgment and order dated 5‑10‑94 passed by the Special Tribunal No.3 Dhaka in Special Tribunal Case No.34...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ...... satisfaction of the Deputy Commissioner, Dhaka. The connected Rule being Criminal Revision No.1504 (R)/94 is disposed of accordingly. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 274. ..Category: Procedural 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. ......gh Court Division (Civil Appellate Jurisdiction) Present: MA Hye J Md. Rezaul Hasan J Sonali Bank Limited……………………Defendant-Appellants Vs. Syed Shakhawat Hossain and others…………………………………Plaintiff-Respondents Judgment August 21, 201......g execution of aforeÂsaid share transfer forms in favour of the plaintiffs. Accordingly, the plaintiffs have become 100% ownÂers of the shares in the said company as well as of the landed and other properties, including the cold storage and in the machineries owned by the said company. The plainti......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. ..Category: Administrative Law | Date: | Hits: 212
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
....Ain is to be followed before taking action under secÂtion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ...... This Case is also Reported in: 64 DLR (HCD) (2012) 435. ......e petitioners obtained some loan from respondent No.1, Rupali Bank Limited, Hazaribagh Branch, Dhaka (hereinafter referred to as the Bank). At the time of obtaining loan they mortgaged their personal properties as security to the loan by exeÂcuting deed of mortgage and power of attorney in favour o......Ain is to be followed before taking action under secÂtion 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
.... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... Jamuna Builders Ltd., represented by it's Managing Director, Md. Nurul Islam………………………………………………………Defendant No.22 Petitioner Vs. Abdul Barek Chowdhury and others………………………………………………………..Opposite parties Judgm...... passed by the learned Joint District Judge, Fourth Court, Dhaka, in Title Suit No.281 of 2004 should not be set aside and/pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 30-01-2002, opposite party Nos.1 and 2 as......d examine witnesses must be exercised in accordance with law and not arbitrarily. The power conferred by Order XVIII, rule 17 C.P.C. is an enabling power and very wide power had been conferred for adjudication of the dispute and this power is only available for giving justice inasmuch as the enab..Category: Property Law | Date: | Hits: 58
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. ...... asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......€¦â€¦â€¦â€¦Opposite parties Judgment August 10, 2009. Result: The Rule is discharged. Cases Referred to- Abdus Samad Vs. Deputy Commissioner and Custodian of vested and non-resident property and others, 52 DLR (AD) 121; Abdus Sattar Vs Abdul Rahman @ Abdur Rahman and others, 44 DLR......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. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......rds. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... the learned Senior Assistant Judge-in-charge, Moheshpur in Title Suit No.145 of 1999 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
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. ......o show cause as to why the proceedings of the said Special Case No. 3 of 2009 under section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At......section 161 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 shall not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule, further proceedings of the said Special Case No. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 44
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. ...... ......ing the Judgment and decree passed by the trial Court on coming to the finding that the defendant Nos.1 and 2 bought the suit land with their earnings as well as out of the usufruct of their mother's property when they were about 18 and 12 years of age mainly relying on the evidence of D.W.2. The ap......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. ..Category: Civil Law | Date: | Hits: 59
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....nanimous so it cannot be challenged in the ordinary Court. So, the instant suit is not maintainable. I am in full agreement of the aforesaid views of the trial Court. 19. The Court of appeal below completely misconceived the Provisions of Village Court Ordinance and without reversing the finding ......orted in: 61 DLR (HCD) (2009) 755. ......t have rightly been framed, considered and decided by the trial Court with reference to the evidence and materials on record but the impugned judgment and decree of the Court of appeal below is not a proper judgment of reversal as it failed to consider the evidence, oral and documentary, on record a......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)
....cument registered under section 60 of the Registration Act. There is no hand of the seller or purchaser in the process of completion of registration. It is the domain of the registration authority to complete registration of a deed. The seller is free after execution and presentation of the deed for...... 27 BLD (HCD) (2007) 180. ......rned Advocate for pre-emptee No.2 submitted that according to section 23 of the Registration Act, a deed could be presented for registration within 4 months from the date of its execution. 19. For proper appreciation, let me quote section 23 of the Registration Act which reads as Follows:- "23......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 necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ......sion (CriminalRevisional Jurisdiction) Present: Md. Anwarul Hoque J Md. Mozibur Rahman Miah J Mahmudul Islam Chowdhury…………………………Accused-Petitioner Vs. State and another………………………Opposite-Parties Judgment February 22, 2012. Result: ......ith section 5(2) of Act II of 1947 pending in the Court of Senior Special Judge, Chittagong shall not be quashed and/or such other or further Order or Orders passed, as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as fo......is hereby vacated. Let a copy of the Judgment and Order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 262. ..Category: Procedural Law | Date: | Hits: 59
Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
.... major part of the consideration are undoubtedly business transactions, which by any stretch of imagination, can not be taken to be an entrustment. The later facts namely delivery of the print of the completed film and issuance of the two post dated cheques are continuation of the said transaction a......d. Emdadul Huq J 1. Baby Masum, son of Ohidur Rahman Bhuiyan……………………….Petitioner 2. Abdul Kader alias Kader, son of late Abdul Jalil Both of partnership producer Messers Light and Sound 47 Bijoy Nagar (2nd Floor) Dhaka 1000……………………….Petitioner Vs. 1. B......use as to why the proceeding, of C.R. Case No.2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or such other order passed as this Court may deem fit and proper. Further proceeding the said C.R. Case was also stayed. 2. None appears on behalf of the c......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. ..Category: Criminal Law | Date: | Hits: 66
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......rned Assistant Judge, Rajibpur, Kurigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
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. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. The State……………………..Respondent Judgment September 20, 2007. Result: The Appeal is dismissed Cases Referred to- Shadhu Miah and others Vs. The State with Md. Abdul Karim and others Vs. The State, BCR 2005 (HCD) 508; Mohammad......nt Attorney General for the State submits that the appellant has been rightly convicted under section 19A of the Arms Act and sentenced thereunder to suffer rigorous imprisonment for 10(ten) years on proper appreciation of the facts and circumstances of the case and evidence on record and no illegal......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
....urther earthfilling; that it is not required to direct RAJUK to restore the original position of the lands to the extent of taking step under section 8(2) of Ain, 2000 and that MMT having nearly been completed the project by arranging money from financial institutions, it is necessary for keeping an......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental......ow Zone (SFFZ) etc. to protect the safety, health and welfare of the common people from negative environmental impact and to protect and preserve natural drainage system to ensure their continual and proper functioning. Any interference with the same as earmarked in the said Master Plan will have de......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:
..
Category: Environmental Law | Date: | Hits: 434
....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.
......cial Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Bangladesh Krishi Bank…………………Petitioner
Vs.
The Government of the People's Republic of Bangladesh and Others…………………Respondents
Judgment
September 26, 2007.
Result:
The rule......y Suit No.33 of 1989 shall not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper.
2. Facts giving rise to the Rule are that the petitioner is a Manager of Bangladesh Krish......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.
..
Category: Civil Law | Date: | Hits: 74
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
.... 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. ......ut of Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were......f Taknaf Thana Case No.10 dated 13.4.2003, then pending in the Court of First Class magistrate, Court No.2, Cox's Bazar, should not be quashed or any other order passed as this Court may deem fit and proper. 2. By the said Rule issuing order, all further proceedings of the said G.R. Case were als...... 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. ..Category: Criminal Law | Date: | Hits: 62
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