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Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......ondents that from ill‑motive the concerned officials of the Land Acquisition Department of the appellant kept the matter pending neither filing any appeal in time, nor producing the necessary documents including the notice under section 5, if any, and for this delay they (respondents) had f..Category: Procedural Law | Date: | Hits: 104
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......‑holders of Mohammadi Calendering and Printing Mills Ltd. to submit their claims for the return of the said Mills and accordingly, the petitioner submitted the share certificate and all other documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was fu..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......on Court has the jurisdiction to decide the claim in the absence of, written contract. ii) Whether Part II (b), which gives jurisdiction, speaks about the 'contract receipts' or 'other' documents and whether it shows that the contract must be written contract; iii) Whether ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....n the said execution case and there is gross under-valuation and the sale was effected at the instance of one Suren Datta, a tenant of the building in question in collusion with the defendant‑bank. The defendant denied the allegation and contended that the suit is not maintain...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......ent tenancy on payment of salami and making out a case of reconstruction of the premises incurring an expenditure of Taka 1,75,000.00 was attempted to be introduced. As a matter of fact no papers and documents were annexed with this additional written statement showing payment of salami nor any tang..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....Likewise, all foreign currencies. The value of money in every country depreciates every year. Inflation is the order of the day. In England, recently over 20% a year. Now down to 12%. Interest on bank over-drafts is up to 15% or more. If a debtor deliberately delays payment for year, he is n......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......Division also found that recounting of ballot papers was the real bone of contention between the parties. 4. It is true that before recounting of ballot papers, which are confidential documents, preserved in proper custody, evidence should be led for preparing the foundation for reo..Category: Election Law | Date: | Hits: 119
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... by the Deputy Land Reforms Commissioner, Khulna Division, after notice to the parties, who not only heard Mr. Md. Hayder Ali, Governing Director of respondent No, 1, but also examined the papers and documents produced before him and then submitted his report to the Ministry on the basis of which th..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....d ground for altering the nature of the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from service when the authority had decided not to kee......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ompensation of Taka 80.81 lacs, the Court rejected this claim, but allowed interest of Taka 33 lac taking the ground that had the balance of Taka 1 crore, 4 lacs, 56 thousand 1 hundred been kept in a bank as deposit, the plaintiff would have received interest to this extent. The trial Court, therefo......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......rlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the respondents. He rejected the documents produced by the petitioner as inadmissible. Relying on Ext. 7(d), a letter written by re..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....essly excluded by the Administrative Tribunal Act it should be seen whether the previous proceeding (the Writ Petition) before the High Court Division was started in good faith. The appellant‑bank which was respondent before the Tribunal, did not say that the proceeding under Writ Jurisdict......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......aruna Moyee Dasi including the land in suit upon overlooking the fact that the said affidavit and the Power of Attorney were not proved by calling the competent witness and because of that the said documents were left out of consideration by the trial Court. The appellate Court while considering ..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ......he impugned judgment of the High Court Division. It appears that the learned Single Judge found that the learned Subordinate Judge, the appellate Court being the final court of fact, considered the documents of title of both the parties and found that the plaintiffs' predecessor Nowab Ali purchas..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....shares of the company, but they were kept in complete darkness in respect of the management and the financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the l......ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104