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Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....(2) (g) The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory bu......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

Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)

....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... the original owner Raghu Nath and thereafter he admitted Zakir Hossain as this landlord and upon his death paid rent to his daughter Zohora Hossain till 1957. Besides oral evidence these are the two documents on the basis of which the trial Court found that the defendant was tenant under the predec..

Category: Others | Date: | Hits: 96

Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)

....g up to the institution of the suit in computing the period of limitation. This provision being a special provision of law must take effect not with standing anything contained in any other law. If a banking company can take benefit of this provision for filing a suit it is quite understandable that......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

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 1985, 14 CLC (AD)

....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ding certificate recorded that 5567 bags were landed short, it made no reference that 3337 bags were landed in damaged condi­tion. The natural deductions from a consi­deration of these two documents' would be that unless, it could be established by the Port Authority that the fact of-sto..

Category: Civil Law | Date: | Hits: 89

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

........Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed or ignored on the plea t......l property, movable and immovable, cash and bank balance, funds, investments and all other rights and interests in, or arising out of, such property, and all books of accounts, registers, records and documents of the Bangladesh Jute Corporation, hereinafter referred to as the Jute Corporation shall ..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......laintiff was charge sheeted as to show cause why disciplinary action should not be taken against him inclu­ding dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plain­tiff eventually found the appellant guilty of misappro..

Category: Employment/Service Law | Date: | Hits: 92

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. ......uently, her interest in the land and building stood transferred to the appellant who thereupon converted all his assets into a proprietorship and mutated his name accordingly in all rele­vant public documents. The decision of the High Court Division in respect of this point is erroneous since a par..

Category: Business or Commercial Law | Date: | Hits: 114

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....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. ......spondent 1 had no share in Mahabir Cinema Com­pany or its properties. (d) Taking advantage of temporary absence of the appellant, respondent 1 managed to create some false, forged and fabricated documents to deprive the appellant of his rights in suit properties and to usurp the same. Responden..

Category: Property Law | Date: | Hits: 99

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Courts and the Court is not concerned with the nature of value of the consideration. ………….(21)  The plaintiff cannot make a grievance to inva­lidate the documents executed by him in pursuance of a compromise……………&hell..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....as well as of the trial Court and the lower Ap­pellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......died intestate lies upon the Government. That Misc. Case is not before us nor any order passed therein has been challenged in this suit. Plaintiff-appellant examined three witnesses and filed some documents. She deposed as P.W. 1 claiming that she was born of Gouri Dasi and has been living with ..

Category: Property Law | Date: | Hits: 112

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 220. ..

Category: Property Law | Date: | Hits: 34

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....ion in C.R. No. 840 of 1976. A Division Bench disposed of the matter by observing that the contractor's claim is to be Inquired into and finalized by the Court and he should not be prejudiced if a bank guarantee to the tune of Tk. 3,50,000/- is fur­nished by the decree-holder and the Court p......tely there­after. Hence the sole receiver Khawja Abdul Gani continued to function as a receiver in 1979 the Board of Trustees were consti­tuted after duly held, election and in the meantime documents in question were also registered. Hence the appellant again prayed for delivery of posses..

Category: Property Law | Date: | Hits: 39

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... being re­gistered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Hari­charan to third parties a few years before his death. The thumb impressions in those registered documents were taken by the learned District Judge as "standard thumb impressions of Harichar..

Category: Property Law | Date: | Hits: 118

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....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. ......Hence, the appellant wrote a letter on 16th Novem­ber, 1976 to the Ministry of Works which, by their Memo. No. SEC-XVI/IF-98/72/90 dated 19.1.77 requested the appellants to produce the original documents. This was duly complied with. By their Memo. No. SEC-XIV/2P-3-13/72/196 dated 26.2.77 the..

Category: Property Law | Date: | Hits: 47

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......interest and possession in the suit land thre­atened the plaintiff's title and possession in the suit land on 20.12.72 by claiming title to the suit land on the basis of certain fabri­cated documents. Hence the plaintiffs filed the present suit. 4. The defendants' case is that th..

Category: Property Law | Date: | Hits: 30

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......t from the owners. The present appellant was made opposite party No. 7 in the aforesaid Miscellaneous cases, and he contested the cases by filing written objection contending, inter alia, that the documents relied upon by the plaintiff were not genuine; that after the death of Anath Bandhu Guha ..

Category: Property Law | Date: | Hits: 28

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......in his residence, but he did not return. Subsequ­ently, an ejahar was lodged against him and a criminal case was also started. Police sealed his house and recovered some official registers and documents from his house in the presence of a Magistrate. Special audit was ordered and it was foun..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ot known to the complainant on the first occasion but which got a direct bearing on the allegation of forgery, was available when the second complaint was filed. It was that one of the alleged forged documents "Minute Book" of the Board's Meetings bore the date "16 January, 1948" and it was written ..

Category: Criminal Law | Date: | Hits: 79

Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)

....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ent with the Rent Controller—the word monthly "bhara" was used. The land-lords have been paying Municipal taxes, government taxes and their names have been recorded in all official documents. The tenant never paid such dues not ever made any attempt to mutate his name in khatian ..

Category: Property Law | Date: | Hits: 39