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Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....s Court is in seisin of the entire matter namely, the question of liquidation of the Company, the claims of different creditors including Rupali Bank, BSRS and others and while the BSRS made itself a party in this proceeding voluntarily, Mr. Khondker submits, the unilateral sale under Article 34 by ......sistent therewith contained in any other law for the time being in force." "34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha......suit nor other legal proceeding as contemplated under section 171 of the Companies Act. Bangladesh Shilpa Rin Sangstha Order, 1972 (PO 128/72) is a special legislation in order to realise and recover loan, and in this Presidential Order power has been given to BSRS for realisation of the loan by dir..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
....grieved by the aforesaid judgment and decree the plaintiff‑petitioners filed this revisional application and obtained the present Rule on 4.6.82. 7. The Rule is contested by defendant‑opposite party No.1. 8. Mr. M Fazlul Karim, the learned Advocate appearing for the petitioners, submitted ...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279....... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....ated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Hoq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hearing hue and cry raised by the party. To them the informant and the witnesses made a request to recover the three dead bodies which......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267...Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
.... obtained some estimates from different sources to find out the cost of repairing the said building but it was found that the repairing would be uneconomic, hence he decided to demolish the building, part by part in December, 1982. In the process of demolition, the building crashed on 23.4.83 which ......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)
....uncil as stipulated in the said section is applicable when any man who wishes to divorce his wife unilaterally does so and when divorce is effected by mutual understanding and bilateral action of the parties or at the instance of the wife, such requirement of notice to the Chairman of the Union Coun......d others the accused-appellant had to put his signature in the kabin nama and the divorce between the accused-appellant and the complainant-respondent No.1 took place on 12.09.1987 by an agreement on payment of TK 20,000.00 through executing a registered talaqnama. 4. Leave was granted to consi......suffer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314...Category: Family Law | Date: | Hits: 185
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....n-Record finally submitted that out of two deeds being No.8409 and 8410 under challenge in the suit, the defendant-appellants name appear in one deed No.8409. So, in another deed No.8410 she is not a party and as such, she cannot be transposed as sole plaintiff from the category of the defendant in ...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......rom him through the plaintiff at the ill advice of his step mother defendant No.7. The defendant No.1 is a businessman, he deals in umbrellas at a shop at Anderkilla. The said defendant No.1 took loan from Bank by mortgaging the lands which was gifted to him and his brother, sisters and mother..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....on filed under Order XLI rule 25 of the Code of Civil Procedure. The learned Counsel further submitted that because of want of proper issue on the question of fact specifically pleaded had misled the parties in the matter of adducing evidence at the trial of the suit and consequent thereupon reman......ced any documentary evidence to show that she entered into a contract with that Creative Properties Limited to purchase flat nor led any oral evidence to establish the fact or that for alleged nonpayment of TK. 20,00,000.00 to the Creative Properties Ltd. the later resiled from the contract for ......tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ..Category: Property Law | Date: | Hits: 112
.... into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement whereby it was agreed that the respondent would sell the e......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed without any order as to cost.
Ed.
This Case is also Reported in: VIII ADC (2011) 240.
......differ with the view expressed by the High Court Division. It is further clear from Section 3(3) and 43(b) (i) of the Arbitration Act, 2001 that the contention leading to a case of simple recovery of loan for which a suit has already been filed in the Artha Rin Adalat which is apparently the proper ..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
.... the entire subject and came to the conclusion that the activity so as to be considered as an 'industry' must be systematic and the definition must be taken as a whole which would show that inclusive part of the definition makes the labour force an integral part of the industry and noticed that the ......as held that tuberculosis hospital cannot be described as an industry. 13. Next in the case of Management of Hospital Vs. Their Workmen the Indian Supreme Court observed that: “mere fact that payment is accepted in respect of some beds cannot lead to the inference that the hospitals are run ......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....tement, inter alia, on the grounds that the suit is not maintainable in its present form, that it is barred by limitation and the principles of estoppel, waiver and acquiescence and bad for defect of parties, etc. The defendants denied all the allegations made in the plaint. The defendants admitted ...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646...Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ated that the dead body of Suruj was kept in the informant's house. Many people including Malfu, Giasuddin, Abdul Huq Bhuiyan, Ali Newaz Bhuiyan came to the scene on hearing hue and cry raised by the party. To them the informant and the witnesses made a request to recover the three dead bodies which...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
.... General Power of Attorney in favour of the respondent on 25.4.78, for the purpose of management and protection of her house which she subsequently cancelled on 19.8.80, when the relation between the parties became strained; that the appellant was the absolute owner of the suit land and the three‑......Municipal records are in her name, that she also entered into an agreement with the Shilpa Bank to lease out ground floor, that she also let out the premises to the other tenants and received advance payment of rent from different tenants which were spent in building the house. She stated that as sh......use Building Advance to him in November, 1970 to help him construct a dwelling house in the suit land, that with the House Building Advance taken from the IDBP and with his own saving, along with the loan obtained from the then Eastern Banking Corporation and Eastern Federal Insurance Company, the r..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... Mohammad Habibur Rahman J Kazi Ebadul Hoque J Haji Md. Ishaque and others............................Petitioner Vs. Rupali Bank .................................................Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR...... order dated 21.7.87 rejected the plaint holding that the plaintiffs have no locus standi to bring the suit and that the plaint is not also entertainable for not praying for recovery of possession on payment of ad valorem court fee. 6. Mr. Mozammel Hossain, the learned Advocate appearing on behal......raudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defendant Nos. 7‑9 mortgaged the suit property to the then Standard Bank on 25.8.1969 as security to the loan of Tk. 1, 1165,000.00 incurred by them and their partners for carrying on their business under ..Category: Procedural Law | Date: | Hits: 67
....e respondent always defaulted and failed to pay rent regularly from November, 1986. On repeated requests the respondent‑company issued an Account payee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 f......pondent always defaulted and failed to pay rent regularly from November, 1986. On repeated requests the respondent‑company issued an Account payee Cheque dated 9.9.87 for Tk. 2,17,000.00 being part payment of the arrear rents. But the said cheque was dishonoured when it was placed on 8.9.87 for en......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
....t getting any physical possession of the land sold the same to Prasanna Kumar Naha on 23.4.46 who in his turn transferred his interest to one Moula Box the predecessor‑in‑interest of the opposite party by lease dated 9.3.1949. It is alleged that petitioners were not impleaded in the Revenue sale......ce in not noticing that the petitioners were not impleaded in Title Suit No. 5 of 1959 in their personal capacity but in their representative capacity as heirs of the original tenant who defaulted in payment of the rent, The opposite parties oppose this Rule by filing an affidavit‑in‑opposition....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...Category: Property Law | Date: | Hits: 92
Abdur Rahman Vs. Shahanara Begum, 1990, 19 CLC (HCD)
....d 1st Commercial Court, Chittagong setting aside the order dated 30.3.87 passed in Money Suit No. 1 (FC) of 1986 by the 2nd Court of Munsif, Chittagong. 2. It appears that the plaintiff‑opposite party filed Miscellaneous Case No. 9 of 1985 in the 2nd Court of Subordinate Judge, Chittagong on 2.......he petitioner it has been held that the Court while rejecting a petition for permission to sue as a pauper may in its discretion allow the petitioner time to pay the requisite court fee and upon such payment the suit will be deemed to have been instituted on the, date of presentation of the applicat......rnments as the Ordinance provides for speedy and summary disposal of the cases dispensing with the provisions of the Code of Civil Procedure. Ed. This Case is also Reported in: 43 DLR (1991) 599...Category: Civil Law | Date: | Hits: 106
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....r 7 rule 11 of the Code was again rejected. On their application issue No. 2 regarding valuation was taken up for hearing by taking off of the suit from the peremptory hearing list. The prayer on the part of the defendant petitioner to get the issue No. 2 regarding valuation heard at a belated stage......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..Category: Civil Law | Date: | Hits: 94
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....y within 30.6.83 by instalment but they also defaulted to pay. 3. During the pendency of the suit the defendant filed an application for rejection of the plaint stating that the plaintiff opposite party filed a criminal case before the magistrate being 410C/82 which was subsequently transferred t...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......n is never ultra vires of the equality clause. 13. There is also no warrant for the view that the moment the State does an act in trade or engages itself in trade or commerce or gives agricultural loan or distributes rice and food stuff through ration dealers or manages public transport service, ..Category: Civil Law | Date: | Hits: 87
Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)
....stay dated 12.5.78. 2. Facts relevant for the disposal of the above rule may briefly be stated as follows: The petitioner as plaintiff instituted Title Suit No. 304 of 1973 against the opposite party Nos. 2‑4 as defendant Nos. I to 3 and opposite party No. 5 as pro forma defendant No. 4 for ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..Category: Trust/Waqf Law | Date: | Hits: 181
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....2 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite party No. 1. Civil Revision No. 2072 of 1990. Judgment Anwarul Haque Chowdhury J. - This Ru......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ...... Munshi filed an application before the Returning Officer on the very date of scrutiny for the rejection of the nomination paper of the petitioner on the ground that the petitioner had an outstanding loan of Tk. 1,03,370.00 with the Krishi Bank at Shariatpur and therefore disqualified from contestin..Category: Election Law | Date: | Hits: 156
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