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W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)

.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......om the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December 1979 to June 1981 and repaid altogether a sum of Taka 45,2 1 lakh. The Bank recalled the entire loan with interest under Article 32 of the Bang Shilpa Bank Order. By a notice, dated 17 May 1990 tenders wer..

Category: Business or Commercial Law | Date: | Hits: 107

Moudud Ahmed Vs. State, 1996, 25 CLC (AD)

....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......n at Dhaka City to a company named International Hotel Holdings Ltd. without holding a public auction at a price much lower than the previously-determined price and on payment of the price of land on interest-free instalments, with a view to deriving pecuniary benefits for themselves or to confer pe..

Category: Anti-Corruption Laws | Date: | Hits: 105

Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)

....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ...... (BSR) in Rules 5(57) the term has been defined as hereunder: “Travelling allowance means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interest of the public service. It includes allowance granted for the maintenance of conveyances, ho..

Category: Labour and Industrial Law | Date: | Hits: 130

Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)

....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......oreign company and HBTL, the joint venture company, acted on the promise of Mr. Sahjad Ali or BTL to transfer the licence to HBTL and made huge investments. HBTL, as such, acquired a right, title and interest in the licence, unless respondent No. 3 is joined as a co-petitioner, the writ petition at ..

Category: Information Technology Law | Date: | Hits: 242

Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)

....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......arth; Transfer Property Act, section 8—Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal inciden..

Category: Property Law | Date: | Hits: 84

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......(1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in the Government as such. Section 7 says that a person claiming any right or interest in any such building may make an application to the Court of Settlement for exclusion of ..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... and therefore the attachment and sale was illegal and without lawful authority. The plaintiff was not a party either to Money suit No. 32 of 1972 or to the Execution Case and the right, title and interest of Bangladesh has not passed to the auction purchaser. As the alleged auction purchase has..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......   So  far  as  the  'Jha'  schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein   were   not   impleaded   in  the..

Category: Property Law | Date: | Hits: 51

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... a criminal case under sections 143 and 447 of the Pakistan Penal Code and that two accused persons in the said criminal case including defendant No. 1 were summoned but a solenama disclaiming all interests in the said land was filed by the said two accused persons although defendant No. 1 due t..

Category: Property Law | Date: | Hits: 59

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

.... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......sif observed that a tenant is precluded from denying the landlord's title at the time of the creation of the tenancy, but he is not estopped from showing that the landlord subsequently lost his interest. As regards the position of the defendant No. 2, the learned Munsif observed: ..

Category: Property Law | Date: | Hits: 71

Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)

....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...... deed dated 26th Bhadra, 1244 BS corresponding to 11 th September, 1937 in his own name. Thus Syed Waned Ali did not inherit anything from Dagu Miah and, therefore, the plaintiff had absolutely no interest in the property of schedule 1. He further alleged that Manira Banu left two sons namely, S..

Category: Property Law | Date: | Hits: 59

Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)

....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......ev Roy. Thereafter Sachindra Nath Biswas, son of Lalit Kumar Biswas took settlement of the said lands by a registered kabuliyat dated 7.4.38, Exhibit C. After the death of Sachindra Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him..

Category: Property Law | Date: | Hits: 47

Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)

....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......my Properties and the opposite-party No. 7 duly leased out the same to opposite party Nos. 1 and 4 after having taken possession of the same: and that the plaintiff-petitioner has no right, title, interest or, possession in the said properties. He also submits that plaintiff-petitioner failed to..

Category: Civil Law | Date: | Hits: 100

Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......nding, inter alia, that the plaintiff was not the sole proprietor of the said holding, Momtaz Begum, wife of Nawab Mia alias Nanwarul Huq, Petitioner No. 3 and her mother and brothers have 4 annas interest in the disputed holding and that they had earlier filed Title Suit No. 114 of 1965 in the ..

Category: Property Law | Date: | Hits: 86

SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)

....f the filing of the suit till the date of realisation.                 Fazle Munim J —I agree. Ed. ......itled to be paid his security deposit which also was not given to him. It was further claimed by him that due to the refusal to pay the security deposit and the award money he was also entitled to interest at the rate of 6-1/4 per cent per annum. Lastly, on 7.5.62 the Executive Engineer refused ..

Category: Others | Date: | Hits: 98

Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)

....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......ve any notice by registered post. That on the 3rd September, 1966 the petitioner No.  1 Mofazzal Molla came to know from one Saidur Rahman that an ex parte order had been passed against their interest in a case filed by one Parul Bala Debi and the case was conducted on her behalf by Mr. Pra..

Category: Property Law | Date: | Hits: 69

Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ...... originally to three brothers Guru Charan Basak, Shambhu Charan Basak and Jagat Chandra Basak each having 1/3rd share in same and that Guru Charan Basak died leaving Raj Kumar Basak, predecessor in interest of the defendants 18 to 21 and Chandra Kumar Basak as two sons by-his first wife and also ..

Category: Property Law | Date: | Hits: 62

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......, and an order was made under the said section in favour of the Manager and under the said circumstances it was held: "That the order was bad and must be set aside as the parties interested were not properly before the Court. The Manager had no interest, except as such, or p..

Category: Property Law | Date: | Hits: 69

Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)

....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......g criminal trespass by entering into complainant's plot No. 661 with the intention of causing annoyance to the complainant. The accused petitioners pleaded not guilty. Their case is that Gura Mia's interest in the disputed land was sold in 1916 under the registered deed Ext A to Rousha Mia. Sinc..

Category: Criminal Law | Date: | Hits: 66

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

....the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ......he evidence already on record and the additional evidence to be brought on record, the question of insanity should be finally determined by the Court. In this view of the matter, we think that in the interest of justice the case should go back to the trial Court for re-consideration of the question ..

Category: Criminal Law | Date: | Hits: 81