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....ent communities, sometimes at unconscionable low price. The State Legislature enacted the law in question providing for annulment of such transfers if they were made during the "specified period" prior to the making of the law. This classification was held to be constitutionally valid and not di......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......Secretary to the post of Deputy Secretary on Ad-hoc basis on 31.1.83 as per recommendation of the M.L. Vigilance Team. Subsequently such promotion was found illegal and as per recommendation of the Ministry of Jute and Textiles (Textile wing) the plaintiff-respondent was reverted to his previous p..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....Director-in-charge, acted under the Scheme-of Arrangement from which he derived his power and authority. Articles of Association were subject to the Scheme of Arrangement which required him to seek prior approval of the Board of Directors for any transfer of the Bank's properly and this power an......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......act through Court. On November 25, 1970 the plaintiff offered the balance consideration money but the defendants refused to accept it on the plea of their failure to procure Income tax and gain tax clearance certificates and Nationality certificate but assured the plaintiff that they would compl......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... compulsion……(53) The guarantor is not only responsible for repayment of the loan his liability to repay need not even be postponed till the principal debtor fails to repay the loan. From the priority point of view in repaying the loan the guarantor may be compelled before even compelling th...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... as not returning them to or non-resumption of the Jute Division by the company. On the other hand, from the minutes of the meeting held in the Chamber of Kazi Anwarul Haque, Adviser-in-charge of the Ministry of Jute held on September 6, 1976 it appears that Mr. M. M. Ispahani agreed on the followin..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... in cash must be paid by Mr. Liu Tet-Ping to Mrs. Young Chung Ching at the end of April and at the same time a cheque for Rs. 2,000/- encashable at the end of June also be handed over to her making a clearance of a total sum of Rs. 6,000/-. 3. The balance of Rs. 14,000/- must be paid in full wit......f the plaintiff's case was given by the Government itself when the property was released from the list of the abandoned property in favour of the defendant by Memo No. 1 (168) M.C/ABD-74-677 of the Ministry of Commerce dated 26th May, 1975. Thus the defendant was put into possession by the Gover..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....the suit premises by adverse possession. 17. Yet their learned Counsel, Mr. Khondker, submitted that plaintiff appellants have been able to prove their adverse possession for over 12 years prior in the filing of the present suit, though he failed to show against whom the assertion ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....il Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....and as such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding under Order IX rule 13 do not become infractuous if otherw......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... "Seen the accounts submitted by the receiver. I am not satisfied with the account. Apparently it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of salary against these persons. It is illegal......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....each held in Civil Revision No. 1634 of 1981 that under sections 8, 9 and 55(g) of the Transfer of Property Act. The plaintiffs-transferees of the premises were not entitled to any rent which accrued prior to the transfer on 10 July, 1975 and as such non-payment of that rent could not be a ground ......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ellip;…….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totally exempted from income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... law governing the subject. 4. Mr. B. Hossain, learned Assistant Attorney-General, has contended that compensation should be assessed on the average value of land during the period of 24 months prior to the date of service of notice for acquisition under section 5(1) of the Emergency Requisi...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....t for against the company managed by the original Directors. It may be mentioned that Dada Abdul Ganny and Mohammad Yunus Abdus Sattar ceased to be directors/share-holders of the appellant company prior to 1969. 5. The aforesaid suit for foreclosure and sale of the mortgaged properties w......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......uly, 1976 appellant No. 2 complied with the request to furnish the copies of their previous letters. Subsequently, appellants wrote letters on 5.10.76, 16.11.76 and 21.12.76 to the Secretary, Ministry of Commerce. By their Memo. No. SP (Com)-91/76/706 dated 11th January, 1977 the Minis..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....ing to Mr. Ahmed, Counsel for the appellant, the Government did not comply with the provisions of the President's Order No. 16 of 1972 before treating the property in question as abandoned property prior to making the order of allotment. Even then, the order of allotment made by the Government o...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......uddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Asaduzzaman………………...................................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Public Works & Urban Development …….......................Respondent Judgmen..Category: Property Law | Date: | Hits: 38
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
.... in the case of Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39, that "Interference even at an initial stage may be justified", I find that "initial stage" as referred to, does not mean any stage prior to submission of the charge-sheet by the Police, but it means a stage after submission o......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..Category: Criminal Law | Date: | Hits: 146
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......the plaint. 2. These three appeals have been heard together and will be disposed of by this common judgment. 3. By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agreement with Contractor KM Shafi ..Category: Others | Date: | Hits: 88
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......leque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. The Ministry of Works has been managing the disputed property ever since it became abandoned under the ..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... estranged wife of, the appellant, a stenographer in the Income Tax Office, Patna, that there was a fairly strong motive for murder, that the accused took charge of the murdered woman oil the evening prior to her death, that he was found traveling by train from Patna to Gaya with the woman and her d...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
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