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Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
....rs who are his relatives. Since 1977 the petitioner has not received any dividends on his shares. The Managing Director has taken full control of the Company's affairs and management in complete disregard of the rights of the petitioner and other shareholders who are not relatives of t......efore that winding up cannot be granted as there were cogent grounds for complaint when the petition was presented but they afterwards melted away. 11. A number of decisions have been cited from bar, namely, in Re: Yenidje Tobacco Co. Ltd., (1916) 2 Ch. 426, Loch Vs. John Blackwood Ltd., 1924 A..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....invoked in order to deny the relief of reinstatement to the discharged employee". 16. I am in respectful agreement with the observations of their Lordships of Supreme Court which is in complete accord with the view I have taken and which is binding upon this Court and I find in the in......n the case of Vithoba Bhanji Vs. Vithal Sakroo reported in AIR 1958 (Bom.) at page 270. It was held that in order to decide whether the plaintiff's suit was one which was exclusively a suit for a bare declaration or whether in essence it was a suit for any further relief, it will be necessary fo..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
....324/365/367/323/326 Bangladesh Penal Code being Daulatpur P.S. Case No.35 dated 27.9.83 corresponding to G.R. Case No.1046 of 1983 against 14 accused persons. The Investigating Officer failed to complete the investigation within 60 days from the date of lodging the F.I.R. which expired on ......rate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 47. ..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....uch holding or portion or share thereof for a specified period in lieu of such consideration, shall notwithstanding anything contained in the document relating to the transfer, be deemed to be a complete usufructuary mortgage for a period not exceeding seven years and the provisions of sec......t is evident that this sub-section provides for summary procedure and a speedy relief for redemption and restoration of the mortgaged property. It is too much to contend that this summary procedure debars the mortgagor from seeking the ordinary relief of redemption provided under the general law by ..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
....xecution of the deed of sale could be finalised. By letter Ext. 4(c) dated 24.3.71 the Imperial Chemical Industries (Pakistan) Ltd. informed the plaintiff that the execution of the sale deed could be completed within 30.6.71. Thereafter the Imperial Chemical Industries (Pakistan) Ltd. got the Income......nforced against the defendant-appellant company. The learned Advocate for the appellant has referred to the provisions of Article 113 of the Limitation Act and argues that the suit was barred by limitation as it was not filed within three years i.e. from the expiry of three years from..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....sp;96 of the Act on the basis of the claim of co-shareship in the holding, mere showing the payment of land revenue under two different numbers in the tenants' ledger is sufficient to give a complete negation to any vested right of pre-emption. There cannot be doubt, of course, whenever all......ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....gality contemplated in the said section even upon an information received from a person who is not party to the litigation in which the illegal order has been made. Mr. Pal's submissions provides complete to answer to the objection raised by the learned Advocate for the plaintiff-opposite party.......s) appertains to Plot No. 591 C.S-Khatian No. 98 of Mouja Makimabad under P.S. Hajigonj. Plaintiff's case is that 1.12 7/8 acres of land out of C.S. Plot Nos. 589 and 591 was purchased from one Nibaran Chandra Mali and Sodhamani Mali by Balahari, Tripura Sundari and Basanti Kumari, wife of Bihar..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....rned Judge of the High Court Division who on relaying on a decision of the High Court Division of East Pakistan in Golam Rahman vs. Mrs. Imratannessa, 22 DLR 126 held that the present, being one of complete destruction of the subject matter of a lease was govern by the general principles of laws....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....namely, that by operation of law the premises in question had become an abandoned property, which is again begging the question, and to which the decision earlier cited, namely, 30 DLR (SC) 169, is a complete answer. 23. It appears, therefore, that the opposite party No.1 has in his position no m......Bench) (Criminal Revisional jurisdiction) Present: Mohammad Habibur Rahman J Mustafa Kamal J Maqsood Alam…………………………………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
....cation it must be established by cogent and satisfactory evidence of conduct of the parties and user of the property which show the extinction of the private secular character of the property and its complete dedication to charity,. In the instant case there is no evidence that the sarkers or the al...... and after selling the suit property they would leave for India. 2. Defendant Nos.1 and 2 contested the suit jointly challenging the maintainability of the suit. They contended that the suit was barred by limitation; that Narayan Kumar Datta had no locus standi to institute the suit on behalf o..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....st that order a Criminal Revision being No.12 (1) 80 was preferred before the learned Sessions Judge, Patuakhali. The learned Sessions Judge set aside the order and directed the learned Magistrate to complete the enquiry under section 145 of the Code of Criminal Procedure. The learned Sub-Divisional...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
....port of the audited accounts relating to the Project will be published every six months.
(5) Defendant No. 1 will remain in overall charge of the Feni Regulator Project and shall manage and complete the unfinished work.
(6) All disbursements/withdrawals shall be made under the joint s......ed to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express Newspapers Vs. Roy Saha Publication, AIR 1964 Punjab 428; PC. Sen. A.I.R. 1970 (SC); Parashura Debaran Vs. King, Sup. 45 C.W.N. 733; Adam Ali Vs Emp, AIR 1945 P.C. 147; Homi Rastomji Pardiwala Vs. ..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....to U.S. dollar 105,876.00 only to the plaintiff to be issued by the defendant No. 6 on condition that the same shall be forfeited and encashed by the plaintiffs if the Vendor-defendant No. 2 does not complete the sale or fails to deliver the vessel to the plaintiffs within the validity of the letter......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....and collusively created with a view to defraud the creditors. The clause restraining the legatees from transferring the properties was illegal and void. According to him, the bequest was absolute and complete by itself and the reservation clause is nothing but an attempt to protect the properti......contended that they were third parties purchasers for valuable consideration without notice of the alleged Will and Probate as such their purchased right cannot be affected in any way. A plea of bar under section 42 of the Specific Relief Act was also raised. 5. The defendant No.19 filed a..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
.... under which the Government could resume the Land. In this case not only no notice was over served upon the petitioners even the basic natural and inalienable right of audi alteram partem was given a complete go-bye. 6. Furthermore, the letter of the Bangladesh Tea Board, a statutory Body,......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....under which the Government could resume the land. In this case not only no notice was eves served upon the petitioners, even the basic natural and inalienable right of audi alteram partem was given a complete go bye. 5. Furthermore, the letter of the Bangladesh Tea Board, a statutory body, addr......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)
....the learned Judge that the natural inference is that there was a family partition is not borne out by any evidence.” I am in respectful agreement with the observation as above, which is in complete accord with the view I have taken herein before to the effect that evidence as to devolutio......dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ..Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....eement to reconvey does not create in the land any interest such agreement cannot be described as a mere personal contract.” I am in respectful agreement with the view as above which is in complete accord with the view I have taken hereinbefore. The same view was taken also in the ca...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....ecute and gel the kabala registered within 17th day of January, 1961, on receipt of balance of Rs. 4000/- (Rupees four thousand only) from the said Mr Archana Prasad Nandi In case of our failure to complete the sale by the aforesaid date, the said Mr. Archana Prasad Nandy shall be at liberty to ...... deal with the entirely, specific performance will not be granted against him as to his share. The law intends one to be dutiful rather than to be generous. The parties have entered into a bargain. They must stick to it, and one of the parties will not be allowed to take cover under a sp..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....s to impose this duty on the Courts'. Though powers to that effect were not granted in express terms by the British North America Act, 1867, they were not repugnant thereto, but incidental to the complete self-government of Canada which was contemplated by that Act. The answers are only advisory......if thee Army Act is taken into consideration, especially Section 131, providing remedy within the Military organisation against the finding and sentence of a Court Martial, and Section 133, barring all remedies against any decision of Court Martial of any Court exercising any jurisdiction,..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
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