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Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....wound up and accordingly appointed the Official Receiver of the Supreme Court of Bangladesh as the Official Liquidator of the said Company‑in‑liquidation directing him to attach and take over the possession of all the properties and assets of the Company‑in‑liquidation wherever situated in B...... an application under Order 38 rule 5 of the Code of Civil Procedure praying for attachment before judgment not only of the jute and jute goods and machinery parts claimesd as charges but also of the land, building and machineries of the Mills; but the learned Subordinate Judge and Commercial Court ......tor will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......wer Company and in reply the BSRS by their letter dated 13.12.89 informed the Rupali Bank that if the assets and properties of the borrowers is sold at a price exceeding the dues of the BSRS then the question of distribution of the excess amount to other claimants would arise; that in pursuance of t..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....oners Sarwarjan Bhuiyan and 4 others, has been issued calling upon the respondents namely, Government of Bangladesh and others, to show cause as to why they should not be directed to make over vacant possession of the disputed land as described in the schedule of the petition to the petitioners. ...... 4 others, has been issued calling upon the respondents namely, Government of Bangladesh and others, to show cause as to why they should not be directed to make over vacant possession of the disputed land as described in the schedule of the petition to the petitioners. 2. Case of the petitione......t any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......ep Ali and not the petitioners who had no right, title and interest therein. But subsequently entire 32.50 acres of lands were permanently acquired by Gazette Notification dated 4.10.1951 and as such question of de‑requisition and delivery of possession of the disputed land to the petitioners does..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......1/2 a mile south‑east of their house and his parents and relations reside there. She said that her husband implicated her brother Abdul Aziz in the case out of enmity, without her knowledge, due to land dispute and the other accused persons are the men of the camp of Aziz. She said that she stated....... They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441...Category: Criminal Law | Date: | Hits: 112
Dhaka Steel Works Ltd. Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka, 1992, 21 CLC (HCD)
....As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......As the Commissioner of Taxes appears at the hearing and has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440.......d has incurred the expenses he will have the costs of this reference application. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 440....... Steel Works Ltd………...Applicant Vs. Commissioner of Taxes, Dhaka (North Zone) Dhaka……..…Respondent Judgment April 12, 1992. Result: The Court refrains from answering the question. Case Referred to- MM Ispahani Ltd. Calcutta Vs. Commissioner of Excess Profits Tax, ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....ere the assailants and that Nirendra and Amiruddin died due to injuries caused by their party men's lathi blows inflicted in the melee. The further case of the defence is that Barmans were neither in possession of the disputed plot nor they planted paddy sapling therein. 10. The learned Sessio......ramed against the amused. 18. The first information report in this case was lodged by P.W.1 Dhalu Barman. According to him he was an eye‑witness of the entire occurrence He was a party to the land disputed. He took hi; injured party men to the hospital. Thereafter he lodged the ejahar statin......n alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......eport, that the report of the post‑mortem examination of the dead body of Amiruddin was illegally admitted into evidence, that the learned Sessions Judge did not notice that the appellants' acts in question were done in exercise of their right of private defence and they did not at all exceed thei..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......er as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......e provisions of the Arbitration Act, 1940. It appears that the learned Subordinate Judge went beyond the pleadings and wrongly held that the suit was barred by Article 158 of the Limitation Act. The question before the Court was whether the suit was barred by law as provided in clause (d) of rule 1..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....rm 8 is as: ‘‘After the security deposit and the royalty as at Sl. Nos. 6 & 7 above are paid the party shall execute a lease deed for a period of 2 years commencing from the date of the possession of the premises." The term 9 is: ‘‘The lease deed shall be executed and ......eign function" performing function in connection with affairs of the Republic or the local authoÂrity. "Such function can best be appreciated if matters of settlement of hat, bazaar, fisheries, khas land etc. are kept in view. The Government acts in these affairs in pursuance of some statutory powe...... The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......hat condition while participating in the tender. Under such circumstances, the claim of the petitioner is not entertainable. Lastly, it is contended in the affidavit in opposition that there are some questions of disputed facts needing evidence which may not be gone into writ jurisdiction. 11...Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......ces) (Restoration) Ordinance, 1976 (Ordinance No. XXVIII of 1976) (hereinafter referred to as the said Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining ......€‘77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......on record has held that being a homestead as defined in the State Acquisition and Tenancy Act the property is agricultural land within the contemplation of the said Ordinance and that th6 transfer in question was made during the period of economic distress for reasons of such distress. He has accord..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......n the plaint as regards the time-limit of repaying the loan, it has not been proved at all that the respondent No.1 has taken from the bank any loan which anÂswers the description of clause (g). The question of his being a defaulter does not arise. 9. Mr. Fazlul Karim submits on the basis of Ann..Category: Election Law | Date: | Hits: 216
.... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538....... is discharged withÂout any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......dgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......inding on the parties concerned."
12. Section 10 provides that subject to this Act, no proceedings, order or decision of a Tribunal shall be liable to be challenged, reviewed, quashed or called in question in any Court Section 11 provides that the provisions of this Act shall have effect notÂwit..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529....... circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529....... the Writ Bench had not considered the strict proviÂsion of law that an Annual General Meeting should be held at least once in the year though the said Court had occasion to examine 15 months period question. In that case under report the Annual GenerÂal Meeting for the subsequent defaulted year w..Category: Business or Commercial Law | Date: | Hits: 352
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....lled them and asked them as to why they were so loitering to which they could not give any satisfactory reply. Assistant LeadÂer Aftabuddin made a search of their body and found two daggers in their possession which created doubt in the mind of the leader at which the complainant Aftabuddin arreste......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......rom the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......clared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......he ground that he was no longer a co-sharer as the original holding had been sub-divided and the rent thereof had been split up by the Revenue Officer under section 88A of the Bengal Tenancy Act. The question arose whether the order of the Revenue Officer could be held to be without jurisdiction for..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......s alleging, inter alia, that the tenant was a defaulter, created public nuisance in front of his residential house, sub-let the suit premises in contravention of the agreement of tenancy and that the landlord bonafide required the premises for his own use and occupation for making a drawing room. Th......thers.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and anÂother Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Chandra Ray and another, 11 ......ced before the learned DisÂtrict Judge to prove that it was not a case of subÂletting. The learned District Judge considered these documents "as very important" for the purpose of deÂtermining the question of sub-letting or otherwise and in that view of the matter, on 15.8.83 allowed the appeal, ..Category: Property Law | Date: | Hits: 115
Chittagong Port AuthoÂrity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....bility in view of the provision of Rule 64 (f) and (g). It is true that under section 50A of the Chittagong Port Act the Port Authority is responsible for the loss of goods landed and remained in its possession or control as a bailee in view of the provisions of sections 151, 152 and 161 of the Cont...... Jetty. The representative of M/s. Md. Haji Gani Ltd. however, was not given delivery of 3 drums and 10 drums out of the said consignments and non-delivery was notified to all concerned and two short landing certificates were issued in respect of those undelivered drums by the Port Authority and as ......Court Division (Chittagong Bench) (Civil Appellate Jurisdiction) Present: AM Mahmudur RahÂman J Chittagong Port AuthoÂrity.........................Appellant Vs. Hong Kong Shipping Lines & others..........................Respondents Judgment January 31, 1989. Resu......he right to take the plea and is debarred from arguing that the suit is liable to be dismissed for want of notice under section 109(1) of the Act. Mr. Karim repelled the contention by saying that the question relates to the maintainability of the suit for want of notice and is a question of law whic..Category: Business or Commercial Law | Date: | Hits: 397
...., Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated on a land measuring about .047 acre of C.S. Plot No.9209 corresp......nnexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated on a land measuring about .047 acre of C.S. Plot No.9209 corresponding to S.A. Plot No.10753F appertainin...... accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......eded or is likely to be needed for any public purpose", but in the notice under Section 3 the Deputy Commissioner cannot simply quote the provision of Section 3. He has to say whether the property in question is needed, or, alternatively, whether it is likely to be needed. But he cannot say at the s..
Category: Property Law | Date: | Hits: 116
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......ult the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......exure B) on 7.3.88. The present respondent filed his affidavit-in-opposition in Writ Petition No.849 of 1988 on 10.7.88. It was perfectly possible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking f..Category: Election Law | Date: | Hits: 215
....Article 102 of the Constitution stating, inter alia, that the case holding (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid dow......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......cordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396...
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....ted 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the plaintif......al Court without considering this vital legal flaw passed the impugned judgment an as such, the judgment is liable to be set aside. 7. Mr. Emdadul Hoque Azad, learned Advocate for the plaintiff landlord opposite party, on the other hand, submits that the notice was issued on 23-6-1993 which wa......ate — For the Petitioner. Md. Emdadul Hoque Azad, Advocate — For the Opposite Parties. Civil Revision No. 378 of 1997. Judgment Amirul KabirChowdhury J.- This Rule at the instance of the defendant-petitioner arises out of an application under section 25 of the Small Caus...... notice under section 106 of the Transfer of Property Act (Exhibit 5) was issued on 23-6-1993 asking the defendant to vacate the suit premises within 15 days from the date of receipt of the notice in question. He therefore submits that the notice being not given with reference to Bengali calendar mo..Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
.... passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No.70 of 1964 allowing the application filed under section 151 of the Code of Civil Procedure and directing restoration of possession of the suit land in favour of the judgment debtors. 2. Facts that have given rise t......ssistant Judge, Cox’s Bazar in Other Execution Case No.70 of 1964 allowing the application filed under section 151 of the Code of Civil Procedure and directing restoration of possession of the suit land in favour of the judgment debtors. 2. Facts that have given rise to this Rule, in brief, ...... Petitioner. Safiqur Rahman with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Ot......ke it off or otherwise could dispose it of but in the instant case the executing Court did not do either of these three. In my opinion, the executing Court wrongly has held that the execution case in question is barred by limitation as per the provisions of Article 181 of the Limitation Act. As the ..Category: Property Law | Date: | Hits: 94
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