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Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......the plaintiff Company required the premises for running restaurant befitting its prestige and position. 3. The defendant-respondent's case is that he was not a defaulter, that he invested a lot of money for furnishing and equipping his canteen with necessary fixtures; that he supplied good food..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the meaning of section 7(2)(g) of the Union Parishad Election Ordinance. 5. Certain facts are not disputed namely, the amount of loan was Taka 10,000/- and the repayment of the loan was to be started from 31st March, 19......erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
.... and transmitting electrical energy in the town of Comilla. After the promulgation of the EPWAPDA Ordinance, 1958 power was conferred upon the authority for transmission of electric energy in the whole province vide clause (c) in the Ordinance. Section 8(2) (f) reads—The generation, transmissi......pose of sub-section(1) the business will "be deemed to be carried on by Assessee in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down va......business upto 31-8-63. Thereafter the then Water and Power Development Authority (WAPDA) took over all the assets of the Company on payment of compensation of Tk. 7,37,031/-The appellant received money and the price was decided as per valuation mutually agreed upon. During the Assessment year ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......al by leave is from the same. 2. Facts of the case, briefly, are that respondent No.1 filed a money suit, No. 444/85, in the aforesaid court against the appellant and others for recovery of an amount of Tk.97,750.00. The suit was decreed by judgment dated 26.8.86 in the following terms: ......eference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indicates that the decree holde..Category: Civil Law | Date: | Hits: 113
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... be held on 10.2.88. The date for filing nomination papers for the said election was on 10.1.88. Respondent No. 1 who wanted to be a candidate in the said election for chairman deposited security money of Tk.1000/-on that date and obtained nomination paper which was duly filed in. Respondent No...Category: Election Law | Date: | Hits: 112
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
.... and 3 of the plaint of the former and present suit respectively that the plaintiffs always alleged that public notice under 5(1a) was not served in the locality and the judgment in T.S.36/68 read as whole cannot but mean that the court referred to non-service of public notice as required under th......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......8. Although there is no particular period within which a requisitioned land is to be acquired after notice for acquisition has been served, yet when the value of the land was increasing but that of money was decreasing the compensation to be paid now on the valuation of the year 1962 would cause s..Category: Property Law | Date: | Hits: 38
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......their written objection much later. It was contended before the learned Judge that the trial Court did not give the petitioners an opportunity of being heard nor did hold any enquiry as to the actual amount of the consideration money. The learned Single Judge considered section 96(3)(b) of the S....... Result: The appeal is dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951), section 96(3)(b) The pre-emptor respondent prayed for leave to deposit the balance consideration money with statutory compensation which the appellants opposed and such conduct of the appellants si..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......hool Authority and concluded that it is primarily for the Government "to take an exception to this measure" and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same, we are of the opinion tha......rity and concluded that it is primarily for the Government "to take an exception to this measure" and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same, we are of the opinion that the bala..Category: Civil Law | Date: | Hits: 130
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ...... 2. There is a claim and counter-claim between the petitioner and the Agrani Bank. Petitioner filed a suit claiming a sum of Tk. 75,55,020.28 paisa after adjustment. The defendant Bank also filed a money suit for realization of Tk. 94,64,543.32 paisa. The suits are pending. The plaintiff-petitione..Category: Banking Law | Date: | Hits: 99
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......ndent Judgment April 17, 1989. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 426 Before lodging of the FIR, the appellant deposited the amount for which he has been charged for misappropriation. The co-accused is on bail. Under the fact...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..Category: Criminal Law | Date: | Hits: 34
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......ections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake committed by the cashier...... The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake committed by the cashier. The accused did not..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ...... the purchase of yarn they were waylaid in the village Fulki by these petitioners and others, who, variously armed with pipe guns and sten-guns, fell upon them, assaulted them and snatched away their money bags containing cash of about Tk. 3 lacs. They raised alarm which attracted the neighbouring p..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....sting the appeal and though appointment of court guardian for the minor defendants under Order XXXII, rule 3 of the Code of Civil Procedure is mandatory non-compliance of the same will not render the whole proceeding of the suit including passing of a decree a nullity even if it is found that such n......ere could be no necessity for sending the case to the trial court for the purpose of appointing a guardian for the minors there and thereupon to try the suit again. To do so, in my opinion, would amount to piling technicality upon unreason which will defeat rather than promote the cause of justi......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......the documents, a certificate dated 14.2.89 from the Manager, Krishi Bank, Habiganj shows that the renewal of the loan had been made on the basis of application of the appellant dated 20.1.87. The amount of loan extended up to 11.2.90 now stands at Tk. 4, 00,000/— 5. It appears that the High...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......egal effect. 5. Leave was accordingly granted to consider whether the reversion of the respondent from the purely temporary post of Circle Officer (Revenue) to his parent post as District Kanungo amounts to reduction in rank and is violative of Article 135 of the Constitution. 6. The learned......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... when they were dealing with the point as to whether Sakhina and Rokeya are the same person. It should be noted that the appellant’s purchase was on 21.4.51 and he was inducted into possession. The whole approach of the case should have been from a question as to whether the appellant is a co-shar...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......e was no omission in mentioning any material point either before the 1/0 or in the committing court and as such it cannot be said that the omissions pointed out by the defence are material omissions, amounting to contradiction. Thus from the above discussion it is clear that although there some di......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101...Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the holding. This bar, however, cannot be applied to a case where a tenant claims pre-emption on the ground of contiguity of his land to the one transferred as in that case he is pre-empting the whole of the claim he is entitled to. 15. On perusal of the decision in the case of Makhanlal ......e made along with the application for pre-emption or within four months, the order of the learned Judges of the High Court Division allowing pre-preempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper a...... are entitled to pre-empt other lands to which they have no contiguous land. On this finding the learned Judges dismissed the appeal and directed the pre-emptor to pay up the balance of consideration money with usual compensation within four weeks from the date of arrival of records of the case. Thi..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......rt Division interfered in this case purporting to exercise its inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge-sheet was submitted by the police, and amounts so practically quashing the charge-sheet, because step to the proceeding was taken. The High......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
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