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Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......gh Court Division affirmed the judgment and decree of the lower appellate Court and decreed the plaintiff’s suit on the findings, inter alia, that kabuliyats, Ext. D series being inadmissible documents the courts below correctly left those out of consideration, that the auction sale is not ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... submissions at the time of the hearing of the appeal. 12. It may be mentioned in this connection that the lower Court's records including plaint, written statement, deposition and exhibited documents were destroyed and the High Court Division had no opportunity to look into the lower Cour..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ppellants, argued both on Ext. B, the alleged will, and the award of Bisudhananda Mahathero and submitted that the High Court Division did not correctly appreciate the legal consequences of these two documents. 8. With regard to the will Ext. B it was his first submission that the document wa..Category: Property Law | Date: | Hits: 52
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......ides, the question of the applicability of a section of the Act to a particular set of facts or its construction is always a question of law. 12. In this case no supporting papers and documents excepting the Agreement dated 14.9,72 were produced by the assessee in support to its cla..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....e complainant further stated in the petition of complaint that having communicated with the Bank regarding encashment of these two cheques she was told by the Bank that the accused had instructed the bank not to make any payment of the said cheques. After the filing of this petition of complaint, sh......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......nding liabilities in respect of a sanctioned overdraft facilities granted to the defendant. At the time of filing of the plaint the plaintiff along with the plaint filed photo‑copies of some documents with a list of documents. Thereafter the plaintiff filed an application praying for takin..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......cisions and passages from Maxwell's. The Interpretation of Statutes, Cruise on Statute Law and Odger's Construction of Deeds, the Pakistan Supreme Court reiterated the ancient rule of construction of documents that 'whether they are constitutional characters or ordinary statutes or other documents, ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......to the same within a reasonable period, to have the prosecution witnesses examined in his presence and to cross‑examine them, to adduce his own witnesses in support of his defence, to inspect documents proposed to be used against him, generally to have the inquiry conducted in his presence..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......n the recital was that the owner of the property died leaving the appellant as the only lawful heir and he released all his rights, title and interest that devolved upon him to the recipient of the documents. The further recital was that the entire immovable property belonging to the owner was r..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......ugned ex parte decree and the Kabalas in pursuance of the same were obtained by practicing fraud upon the court and as such defendant Nos. 1 and 2 did not acquire any title on the basis of the said documents. 8. The appellants took an appeal against the said decree, Title Appeal No. 145 of..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
.... the importer M/s MA Baker refused to take delivery of the remaining cement, M/s Transclear sold the said cement to the respondent, assigned the bills of lading in its favour and sent the same to its banker Agrani Bank through their banker, Credit Swiss. (copy of one such bill of lading is annexed t......itzerland purchased 10,000 metric tons of cement as aforesaid from an Iraqi Company, namely, Layth Mahdi Saleh and sold the same in favour of M/s Nidera Hendels Compagnie of Holland for "cash against documents" and M/s Nidera sold the same to M/s MA Baker of Chittagong against irrevocable Letter of ..Category: Business or Commercial Law | Date: | Hits: 130
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......to be the additional evidence of the substituted plaintiff Mahmuda Khatun and that of defendant No.1 (since deceased). The paper book prepared in the High Court Division shows that it contains the documents adduced by the parties. 12. From the impugned judgment it appears that the learned..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......n such Court under the Code of Civil Procedure, (Act V of 1908) including the powers of‑ (a) enforcing the attendance of any person and examining him on oath, (b) compelling the production of documents and material objects, (c) issuing commissions for the examination of witnesses or docum..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... believed that there was no such case. On an information slip filed by the father of the detenu with the officer‑in‑charge of the Record Room of Tangail to know what were the papers and documents in support of the entry in the General Register respect of GR No. Case No. 385(2)76 an i..Category: Constitutional Law | Date: | Hits: 365
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ......saying that the accused-petitioners had a bonafide, claim of right in cutting and taking away the paddy as they have asserted their right and in assertion of their right they have produced documents Exts. A and B which give them some title to some portion of the land and as such they ca..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....perties and assets wherever located in Bangladesh, and to appoint the management Board indicated under each group to operate the Mills and generally conduct all their affairs, including operation of bank accounts: GROUP 'F' (II)—TEJGAON Industrial Area. M/S. A. T. J. Industries Ltd. 158, Tejga......d Abu Jafar took over the management of the Company from respondent No. 2 on 18.10.72. Thereafter several represent aliens were made to the Government giving all neceÂssary details and copies of the documents in support of ownership and management of the Company but with no result. The Government b..Category: Business or Commercial Law | Date: | Hits: 129
Government of BangÂladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ct, and therefore no quesÂtion of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......eturning Officer shall to the sub-divisional Officer in a box or gunny bag, properly secured and sealed so as to ensure that nothing is; removable from the box or bag without breaking the seal the, documents received by him under rule 42 from the Presiding Officer with a statement containing the ..Category: Others | Date: | Hits: 101
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......the respondent No. 1 as his son, that did not establish that he was legitimate and as such this "acknowledgment is no acknowÂledgement in the eye of law; (2) that the Administrator considered the documents filed by the parties (3) that the appeal from the order dated December 5, 1967 was not co..Category: Trust/Waqf Law | Date: | Hits: 182
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
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