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Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....nment's decision dated August 26th, 1991 to liquidate Bangladesh Consumers Supplies Co Ltd (respondent No. 5) and terminate the services of the petitioner and other employees of respondent No. 5 on payment of six months' salaries from 31st December 1988. In view of the recurring loss respondent N......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Business or Commercial Law | Date: | Hits: 104
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....uilt a factory building only, but never started the project; rather let out the factory building to respondent No. 8, a Garment Factory, in violation of the loan agreement and became a defaulter in repayment of the loan to the extent of Tk. 24,94,333.00 as on 31.12.89. The Bank decided to go for sal......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....roze Fram roze). 9. Neither in the petition referred to above nor in any other petition the appellants have asserted that they are continuing as lessees upon renewal of lease by the Government and payment of rent even after institution of the present suit in 1987. The learned Subordinate Judge fo......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..Category: Procedural Law | Date: | Hits: 111
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....in Civil Appeal No. 28 of 1992, while the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in ...... 28 of 1992, while the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two loan cases, (1) D‑ 15966 Genl., (2) D‑15967 Genl., in favour of the borro..Category: Administrative Law | Date: | Hits: 100
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....the character of the industrial enterprise was made in the Notification or not. Once it is claimed that an industrial enterprise was placed under a Corporation under the general power of placement payment of compensation becomes due. It is not the case of the appellants that they were contemplat......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....is possession of that floor of the suit building were he is now residing with no right to transfer his possession. The respondent may recover possession there any time within one year from date on payment of Taka six lacs in default of which the appellant will have only the right to live in that......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....g the date of electric connection from 5.5.1985. Admittedly, the appellant did not pay the said bill or any amount during the entire 1986. The PDB disconnected the electric line on 21.5.86 for non-payment of the electric bills but the appellant got the line re‑connected through his own mec...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....r accounting. The learned Judges, however, refused to quash the proceeding taking the view that denial of the transaction and violation of the terms of the implied agreement between the parties for payment of the dues might constitute offences which could better be examined on evidence. 3.......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....t his knowledge. By order dated 11.5.87, the trial Court, although unable to take any firm decision as to the plaintiff s pleas, vacated the order dated 5.4.86 and restored the suit to its file on payment of Tk. 1000.00 as costs to defendant No, 1. 3. Defendant No. 1 unsuccessfully took a......t rejection of the plaint being a decree, an appeal was available to the plaintiff and that the application under section 151 CPC did not lie. 6. The suit was filed on 13.11.74 and it had a chequered career. When the case records reached the trial Court on 25.1.86, the plaintiff was not a..Category: Property Law | Date: | Hits: 49
AHM Siddique Vs. State, 1993, 22 CLC (AD)
.... Ahmed J: In this appeal by special leave the question is whether the impugned order of the High Court Division granting appellant bail pending disposal of his appeal but making it conditional upon payment of the entire fine of Taka 9,00,00.0.00 (nine lacs) is sustainable in law. 2. The a......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....he suit land and so he applied for taking settlement of the same and was allowed settlement by defendant No. 2 by his Memo No. 290 dated 18.5.72. Thus he has been in possession of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....cts of the instant case are different from those reported in the two cited decisions. Here, the complainant's case is that he, in good faith, delivered the jute on the accused's inducement of part payment and specific promise to pay the balance within three days. From what has been alleged in th...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....g of the said final order to the High Court Division only on depositing half (now 25%) of the decretal amount. Section 8 also imposes a restriction on the Artha Rin Adalat to allow instalments in the payment of decretal dues………………………………….(10) The Adalat Act, however, doe......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....d to the respondents within three months from the date, failing which, this amount will carry interest at the rate of 10% till it is realised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also rep......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....ate of Taka 17.50 paisa in respect of the suit premises in the court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereafter stopped payment of rent to court also. The plaintiffs served quit notice under section 106 of the Transfer ......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....s such some material facts were not stated in the written statement and therefore prayed for adding the additional fact that defendant No. 1 took settlement of the suit premises on permanent basis on payment of salami of Taka 65,000.00 from late Abdus Sobhan on condition to reconstruct the premises ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....not maintainable as no notice under section 106 of the Transfer of Property Act was served upon the defendant; that the lease in question was not a periodical lease and that he was not a defaulter in payment of rent as he regularly deposited the rent in House Rent Case No. 367 of 1984. 4. The lea......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ator's award is made a rule of the court. There was no such law in India also till 1978, when the Interest Act, 1839 was repealed and re-enacted by the Interest Act 1978. This Act primarily governs payment of interest by a Court. But in the definition of "Court", "Arbitrator"......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... of the enquiry report without which they could not prepare an adequate reply. It was the defence of the Registrar‑ respondent that copy of the enquiry report cannot be made available without payment of required Court fees and in spite of the said respondent’s readiness to provide cop...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....igh Court Division. Again, there is nothing on record to indicate that the resumption proceeding was completed by strictly following the terms of clause 7 of the deed of transfer as to re‑entry and payment of compensation to the requiring body on such re‑entry. 9. In substance the appellants......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69