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Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......nsaction, particularly as to whether intention was to be taken as the essence of benami transaction, as was held by the High Court Division and as to whether all other elements, namely, custody of documents, subsequent conduct of the parties, sources of money, possession, etc. were of no consequ..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
....se in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Government could not be allowed to work inconsistently, whimsically ...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ......ful in proving that the original Kabalas were lost it cannot be argued that the inadmissible evidence were relied upon as the courts below found that secondary evidence was given of those original documents………………(7) Lawyers Involved: ..Category: Property Law | Date: | Hits: 72
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......ine Court) decided the price of Vessel Al-Falah-1. the price of 800 Metric tons of wheat was decided on the basis of Exhibit 26 and also decided the costs of salvage operation though no sufficient documents were filed before the Admiralty Court. 13. It remains to be seen whether on prop..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ivision further held that the appellate Court without taking into consideration Exts. A, B, E and G produced by the defendants reversed the judgment of the trial Court only on a finding that those documents had no bearing in the case. Therefore the judgment of the appellate Court was slipshod. T..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ......yment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the sole owner of the suit land. Defendant No. 1 being the Tahshilder of the said Estate created certain documents for grabbing the suit land illegally. 3. Defendant No. 1 contended that the patta..Category: Property Law | Date: | Hits: 45
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
....he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ....... On 21 October 1964, steps under Sections 5(1a) and 5(3) of the Act were once again taken. On 9 November 1964, Shah Sufi Emaduddin Ahmed Chisty who was also a claimant was called upon to produce documents in support of his claim. 3. In the meantime Shah Sufi Emaduddin Ahmed Chisty mad..Category: Property Law | Date: | Hits: 50
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ......roperty. Thereafter on an application dated 3-7-80 made by the writ petitioner the Deputy Secretary, Housing and Settlement, Government of Bangladesh directed him to submit the relevant papers and documents in support of their claim in respect of the property in question (Annexure ‘F) and ..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......authority to revoke such licence. 6. Mr. Abdul Wahab, learned Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the documents, submitted before them, in holding that the petitioner is not a tenant in respect of the ..Category: Constitutional Law | Date: | Hits: 158
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......ng mutation papers with the Dhaka Improvement Trust and the Government Revenue authority, Municipal papers etc. have been filed. And no explanation has also been given for non-filing of these basic documents. 9. It is well settled that in case of transfer apart from the registration of t..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....or penalty imposed at the time of filing of the appeal or at any later stage if permitted by the appellate authority also provides for deposit of fifty percent of such amount in cash and balance by bank guarantee and also authorizes the appellate authority to exempt the appellant from depositing ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....n done for reason best known to the plaintiff. He has not filed that document and no explanation has been given for not filing such an important document. The plaintiff in Court it appears was not banking on the aforesaid recital in the kabala the genuineness of which has been challenged by the ......1,500.00. To prove that this amount is a lesser amount the plaintiff has not produced any other sale deed of the relevant period nor adduced any oral evidence. From the side of the defence several documents have been produced to prove that the price indicated in the questioned document is the pr..Category: Property Law | Date: | Hits: 64
ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)
.... the directors at any time before AGM. In this view of the matter, I find that the election of Mr. A Matin Khan was not held in due compliance of Article 114 of the Articles of Association of the bank and, as such, the report of the Chairman Mr. Ishtiaq Ahmed with regard to the election of Mr.......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..Category: Business or Commercial Law | Date: | Hits: 107
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....AM Mahmudur Rahman J.- This leave petition by defendant-petitioners is from the order passed in FAT No. 83 of 1999 summarily rejecting the Memorandum of Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
.... time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6. To my mind since the enactment is intended to safeguard the in......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104