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Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....t No. 32 of 1990 in the Court of Subordinate Judge, Netrokona against a number of persons including Mr. Mozaharul Islam, Director of the petitioner for declaration that he has fractional right in the disputed fishery by virtue of lease taken from Korotia Wakf Estate but the order of injunction passe..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

....s court and obtained the present Rule. 6. It is admitted that the petitioner let out to the opposite party the suit premises from December, 1966 at a monthly rental of Taka 50.00. It is also not disputed that the opposite party made certain alteration and extension in the suit premises at a cer..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

.... to know about the settlement of the said fishery in favour of the petitioner when a notification for auction was published on 30.3.90 for sale of the fisheries under Madaripur District excluding the disputed fishery and on enquiry came to know that on 12.2.89 the said fishery had already been settl..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....nor any evidence was produced before the Court of Settlement save and except the verbal submission of the learned Advocate appearing for the state. 15. Be that as it may, without entering into the disputed question of facts, it may be said that even not a scrap of paper showing that the said prop..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....e purpose not authorised by law and he was released after executing some papers transferring his Mill and after doing certain other things. Whether the petitioner was indebted to the Bank or not is a disputed question of fact but if anything is payable to the Bank as unpaid loan there are other mode..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....nd Kulada Charan were the original owners of land khatian Nos. 26, 27 and 35 respectively. Predecesor‑in‑interest of plaintiffs Nos.1‑10 Abdur Rahim Sarker and plaintiff No.11 took lease of the disputed plot by different Kakumnamas. They took lease of 26½ acres of land from Wazid Ali Kh..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)

.... instrument of transfer of share. It is a photo copy of the alleged original instrument of transfer of share dated 20.8.89. Here the signature of the transferor as ‘I’ Siddiqui' being disputed by the petitioner has been marked as Ext. B. Annexure. C to the affidavit‑in‑opposition..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)

....ant time, the learned single Judge of the High Court Division sitting in revision acted beyond its jurisdiction in setting aside the concurrent finding of fact of the courts below. 6. It is not disputed that the goods in question were booked with Bangladesh Railway and supposed to reach the de..

Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107

Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)

....clamation was served upon the land in disputes and that the auction purchaser never took delivery of possession by beat of drum through court. The appellant came to know about the auction sale of the disputed property from one Sambhu Nath Agrason for the first time on 8.6.1970 and filed the case for..

Category: Property Law | Date: 11 Nov, 1990 | Hits: 50

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....I from 4.3.80 like other borrowers of the appellant; that the application for winding up is malafide as there is a counter claim for damage of Tk. 30 lacs for non-delivery of goods; that the claim is disputed and the appellant must prove its claim first by filing a money suit; that the statement of ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)

....s agricultural land measuring 893 bighas on 15th March 1926 and possession of the land was delivered to Sh Mehr Din on the same date. On 14 March 1938 Qazi Mohr Din filed a suit for possession of the disputed land against the vendee Sh Mehr Din and fifteen others alleging that the vendee had failed ..

Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106

Sharif (Mohd) Vs. Mohd Obaidur Rahman & others, 1990, 19 CLC (HCD)

....ld the trials. Though no express provision of law requires trial of cross-cases by the same court practice and experience of over a century dictate such trial for arriving at correct determination of disputed facts. This is all the more necessary to save the accused from being prejudiced in their de..

Category: Criminal Law | Date: 21 Aug, 1990 | Hits: 80

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

....reates only a rebuttable presumption. Even when the purchase money is money belonging to the firm, that fact itself is not decisive. In a case of this nature, the decision of the question whether the disputed property is or is not a partnership property would depend upon the intention of the partner..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)

....to give an opportunity to adduce further evidence to fill up its lacuna When decision of a pending miscellaneous case has no bearing in deciding questions of possession of the informant in the disputed land and Masud Anwar and other lessees were not witnesses in the charge sheet prosecution c..

Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....was granted rent receipts, Ext. 6 (b)-6 (h). Brojendra paid municipal taxes too vide receipts Exts.2-2 (i). After the death of Brojendra his two sons Biswanath Goswami and Benoy Goswami inherited the disputed land. The plaintiff and her husband were disciples of Biswanath and Benoy who gifted the su..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)

....le to the share of 2 annas 6 gondas 2 Karas 2 karanti share of Syed Wazed Ali Azam in the suit plot, in favour of the plaintiff. 3. Admittedly one Syed Md. Ali Azam was the original owner of the disputed land who died leaving several heirs including a son named Syed Wazed Ali Azam, the plaintif..

Category: Property Law | Date: 17 Jul, 1990 | Hits: 30

Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)

....y no such power is reflected in this order either in section 522 or in any other section of Cr. PC. the learned Additional Sessions Judge has not passed any order for re-delivery of possession of the disputed land to the informant petitioner. He has acquitted accused Idris Ali Dewan of the charge un..

Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110

Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)

....d his order for re‑counting, accepted the election of Respondent No. 10, as declared by the Returning Officer, and got it published in the Official Gazette on 19 April 1990, observing that in the 4 disputed Centres where tampering of ballot papers was found he could not direct re‑poll, because R..

Category: Election Law | Date: 27 Jun, 1990 | Hits: 139

Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)

....e 1 of the Limitation Act. Whether section 5 of the Limitation Act will apply in the case of special or local law is a matter for the legislature to decide. As law of limitation stands today, it is undisputed that a plain reading of sub‑section (2) of section 29 clearly shows that section 5 has no..

Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

...., as his attorney to act and manage the affairs of the respondent company. While he remained outside Bangladesh his son on his behalf used to look after the business of the company. 7. It is not disputed that both the Directors namely, respondent Nos. 2 and 3 are full brothers and they are the ..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184