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Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....udgment July 14, 1981 Result: Appeal is allowed Penal Code (XLV of 1860), Section 464 Forgery Anti-dating of a Kabala to show that it was executed earlier to defraud the holder of the earlier Kabala amounts to forgery. Lawyers Involved: M. Golam Rabbani, Advoc......e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Bengal Water Ways Ltd & Another
....by the High Court Division in Appeal No. 8 of 1977 reversing the Order of the Company Judge and directing the winding up of the Company. 3. Respondent No. 1 Rahimuddin Ahmed a Director and share-holder, filed an application under Section 162 of the Companies Act, 1913 for winding up o......Ways Ltd. being Matter No. 9 of 1975. The said application was rejected by the learned Company Judge against which Respondent No. 1 preferred the said Appeal No. 8 of 1977. 4. The case has got a chequered history. Case of respondent No. 1 Rahim uddin Ahmed, is that his elder brother Alauddin Ah..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... that if it is made a part of the contract and placed at par with other terms and conditions of the contract, the very purpose of taking performance guarantee by the buyer may be frustrated. When the holder of the guarantee makes a demand, the bank is only obliged to comply with the demand. We are u...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)
....ys down as follows:- "(3) Where the courts issue a warrant to the Collector under sub-section (1) clause (b), such warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by whic......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..Category: Procedural Law | Date: 5 May, 1981 | Hits: 2
Tripura Modern Bank ltd. Vs. Shuva Karan Rajgharia, 1981, 10 CLC (HCD)
.... barred by two years when the application under section 63(3) of the Ordinance was filed before the High Court and dismissed the execution case. Hence the present appeal at the instance of the decree-holder-petitioner. 4. It is now well settled that the executing Court can not go behind the dec......nce with law. The appeal is accordingly allowed without any order as to costs. Communicate the order expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 96 ..Category: Banking Law | Date: 18 Feb, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....;mercial or industrial enterprise, bank, firm, tea estate or any other enterprise owned by or vested, in the Government or any corporation or local authority, (c) "physician" means any holder of medical licence, diploma or degree engaged in the prevention, cure or treatment of di......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....the categorical averment of O.P.W. i that the entire consideration money was paid by her husband. The petitioner himself deposing as P. W. 1 has stated that O. P. 1 (Nurunnahar Banu) is not a service holder, She had no landed property of her own and she was brought up by her maternal uncle and she w......on-in-chief is a failure of exercise of jurisdiction vested in the trial Court. The learned District Judge has not at all referred to the evidence of O.P.W. 3. The O.Ps have produced a number of cheques and counter-foils of cheques on the back of which there were writings signed by Israil ..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....November, 1919. On December 2, 1919 the judgment-debtor applied to the Court for permission to deposit the decretal amount: The Court permitted this to be done subject to objection by the decree-holder opposite party. The Court ultimately dismissed the application on accepting the objectio......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....on and Tenancy Act, that it was not barred by limitation, that there was no defect of parties, that the petitioner could not prove improvement and the opposite party Nos.1-2 were contiguous land holders and the petitioner was neither a co-sharer tenant nor a boundary man. The petitioner ag......cquisition and Tenancy Act that the lands transferred were non-agricultural lands: that they incurred expenses of Tk. 1500/- for improvement of the land. 4. The said Miscellaneous case has got a chequered career. It was first allowed by the learned Munsif by his order dated 2.6.74 on the findin..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....s that exclusive-possession is not the conclusive test of a license. He has again cited the case reported in AIR 1965 (SC) 610 which observes as follows; “The fact, therefore, that a stall holder has exclusive possession of the stall is not conclusive evidence of his being a lessee.&rdquo......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....for specific performance which has not been fully executed. It is true that if the decree for specific performance would have been executed in full, the Kabala would have been in favour of the decree-holders and they would have become the title holders of the land which was agreed to be conveyed und......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Talekhal Progressive Fisher¬man Co-Operative Society Ltd Vs. Bangladesh & Others, 1979, 8 CLC (AD)
....ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ......ry duties conferred upon the public functionaries. In the result, therefore, this petition is dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981)103 ..Category: Constitutional Law | Date: 14 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....onted with this situation has tried to fall back on. Annexure 'A' purporting to be the true copy of a certificate issued by the District Judge, Dacca certifying' that the petitioner was a holder of clerkship card for 1965-66 and was attached to Mr. Ali Ahmed Mukhiear. Annexure 'B'......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ncorporated under the Companies Act on 30th January, 1961. Alauddin, elder brother and Jahiruddin, younger brother of the appellant and the appellant himself were the First Directors as well as Share-holders of the Company. The Memorandum as well as Articles of Association of the Company provided fo...... amount. Be that as it may, this incident followed by the filing of the T.S. No. 112 of 1973 only proves deep-rooted distrust between the bothers. Another proof of this distrust is the fact that bank cheques of the Company's accounts are to be signed by the Managing Director above, and in his ab..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....itled to perform the powers, responsibilities and duties of the Managing Director of the Company as per resolution of the Board of Directors dated 13-2-72 and approved by the general body of the shareholders on 30-6-72. 3. M/S. Alauddin and Taiwa Textile Mills Ltd. (hereinafter referred to as t......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....he question arose as to whether the Arbitration Clause found in the charter party was applicable to the contract evidenced by the bill of lading and to disputes arising between the ship owner and the holders of the bill of lading under that document. In the said bill of lading there was an endorseme......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....order under section 115 of the Code. 8. The next point to be considered is whether the High Court Division was within its powers to set aside an ex parte decree in the absence of the decree-holder without giving him an opportunity of being heard in support of the said decree. We had an occ......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......ation is very high and the respondents are not entitled to get the same. It was also asserted that the claim is barred by limitation. 4. The respondents have examined P.W.1 and also produced two cheque Muri books (counter foils) Ext. 1 and 1(a) showing collection of rents from the tenants for t..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ...... to keep the petitioner in custody till the petitioner had paid the amount as security money. Since the petitioner was under detention and under duress, coercion and intimidation, he issued a crossed cheque No. CBY 430334 dated 3-9-76 for the said amount of Tk. 76,000/- with a forwarding letter to t..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5