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Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......1. We find that both the trial Court and the lower appellate Court concurrently found, with reference to the evidence of D.W.2, a neutral person of 73 years, and with reference to the recitals in the documents of purchase of the plaintiff, that the right of redemption was relinquished by Begumjan ha..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....he said flat paying therefore unto the Bank a monthly rent of Rs. 100 including hire of 2 AC fans and extra Government duty on electric current without any reduction or abatement to be paid at the bank on or before the 7th of succeeding month for which the rent is due and that the said rent is i......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....s upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertaking (Ext. A) to that effect. By way of assura......d to finalise the accounts and make all payments. Appellant No. 1 granted a receipt in acknowledgement of the cheque. In August, 1988 appellant No. 1 came to learn that Tofayel Ahmed converted the documents and papers containing the signatures of the appellants into a valuable security and got t..Category: Business or Commercial Law | Date: | Hits: 118
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ......Ministry failed to produce the relevant laws, namely, the Mujibnagar Employees (Condition of Service) Rules, 1980, the Government Servants (Seniority of Freedom Fighters) Rules, 1979 and the relevant documents giving effect to these rules so far as it relates to the appellant. At the time of grantin..Category: Administrative Law | Date: | Hits: 167
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....of events may tend to obliterate the real difference between the motive for the agreement and the consideration for it. In that case, certain goods belonging to the appellants were pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the ......ded over possession of the suit land to defendant No.1 who is in possession of the same since then. Hence, the suit as filed is liable to be dismissed. 4. The trial judge held that the documents are void but as the plaintiff prayed only for declaration of the kabalas as void without..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ff was not a “worker” at all within the meaning of section 2(v) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, on the reasoning that “these classes of employee of the bank are not meant for productive purposes” and, as such, the suit was maintainable. 3. Leave w......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
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 ...... 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 ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..Category: Employment/Service Law | Date: | Hits: 150
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 ......he above provision is that the land and all its attachments are treated as a single piece of immoveable property as has been contended by Mr. Pal. The main point for decision is not the number of documents whereby the transfer is effected but whether by the transfer by one instrument or more t..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 ......ly the Deputy Secretary of the Ministry of Works, one Aftabuddin, treated the property as abandoned property although the mother of the respondent-writ-petitioners showed her title deeds and other documents in respect of the said property. On being evicted from the house in June 1974, the respon..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. ......laint of Title Suit No. 69 of 1981. 8. The two Suits were analogously heard by the learned Sub-ordinate Judge; 3rd Court, Dhaka, Bangladesh as plaintiff examined one witness, but produced no documents and the auction-purchaser examined 4 witnesses and produced some documents in support of ..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. ......ness. Moreover, it was found that the wife of the defendant No. 1 could not have ornaments of a quantity which could give him the amount to purchase property amounting to 125 bighas. Moreover, the documents Exhibits AI, AI (2), AI (6), AI (9) and AI (10) show that these relevant properties were ..Category: Property Law | Date: | Hits: 51
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. ......he plaintiff were minors and the defendant No.l managed all the properties left by Syed Idris Ali and that with an ulterior motive the defendant No.l had created some void, collusive and fraudulent documents regarding the lands of the 1st schedule and the 3 plots of the second schedule. She also..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. ......licants were fully aware of their purchase and the factum of their physical possession from long before the filing of the Miscellaneous Case. 6. The learned Munsif on a consideration of the documents as well as oral evidence adduced before him, arrived at the conclusion that the pre-empto..Category: Property Law | Date: | Hits: 47
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the order of the Additional Commissioner referred to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Char Bedurial JL No. 64 PS Bhola is transferred to Bhol......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....te Judge, 2nd Court, Chittagong in Money Suit No. 4 of 1962. 2. The facts giving rise to this appeal may be stated as follows- "The defendant required repairs of coastal embankment by Tarja matting at Ujantia, Maghnama, Koroiardia within Police Station Chakaria under Co...... The alleged award was cancelled by the Chief Engineer subsequently and accordingly, the plaintiff was not entitled to his relief. 6. The plaintiff examined himself and produced a number of documents to substantiate his case. On the side of the defendant, however, no witness was examined..Category: Others | Date: | Hits: 98
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ......urse of hearing, the appellant examined three witnesses and proved Ext. 1 which is a medical certificate. The respondent, however, refrained from examining any witness in the case but produced two documents marked as Exts. A and B. After considering these matters on record, the learned Commissio..Category: Labour and Industrial Law | Date: | Hits: 118
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. ......asserted that in the year 1325 BS an Achalnama, exhibit 'C’ was executed and the said document would show that Raj Kumar acquired the interest of his brother Chandra Kumar in pursuance of two documents and that the plaintiff and other so-sharers being party to the said Achalnama cannot cha..Category: Property Law | Date: | Hits: 62
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....egal and does not confer any right on the plaintiff-respondents. Mr. Khondkar has drawn our attention to the fact that the patta dated 7.3.47 which is marked exhibit 5 relates to a tank including its bank wherein the purpose has been mentioned as for rearing fish in the tank and for planting these o......sh therein with a right to cut down trees and plant them on the bank of the tank is not to be construed as a lease for agricultural purposes. In our opinion, this is a matter of interpretation of the documents it self and it does not appear from this case that the wordings used in the present docume..Category: Civil Law | Date: | Hits: 137
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