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M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....yetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33 DLR 55 AD, Nursing Das Tulsira V. Rahimanbai, (1904) 28 DLR Bom 440, Jugal Kishore Narain Singh V. Charoo Chandra Sur, AIR 1939 PC 159, Abul Layes V. Mst. Anwara Khatun, (1977) 29 DLR 13 SC and M/S. A. Hoque......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
....which were opened in presence of the bidders, at 12-15 P.M. The appellant's offer was found to be the highest and valid; but respondents Nos. 1 and 2, it is alleged, by this time entered into an underhand deal with respondent No. 4 whose offer was this time at Tk. 2,38,00,000.00 and in pursuance of ...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
..... of Bangladesh 27 DLR 315, Md. Hemayetullah in 21 DLR (SC) 236 = PLD 1969 (SC) 407 and Shahbaz vs. the State 8 DLR (FC) 20. Lawyers Involved: S.S. Halder, Senior Advocate instructed by Ranesh Chandra Maitra, Advocate-on-Record- For the Appellant. A.W. Bhuiyan, Additional Attorney General,......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....gs that the respondent is a worker and that he is not an employee of the Corporation whose Service Rules are not applicable to his case, the suit is not maintainable. Cases Referred to- Jogesh Chandra Datta v. Government of Bangladesh. 30 DLR 219, New Dhaka Industries Ltd.Vs. Quamrul Huda and ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....not depose as witness Mohsin set them free at about 10/11 p.m. whereupon Sohrab and Mahtab went back home about half mile to the west of Kheali Kamar's house. 4. Jamshed and Mobarak, on the other hand, were put in two boats when Musa Sarkar and some other accused appeared on the river bank and o......in the afternoon of 14.3.68. P.W.4 Mobarak said in his evidence that from the court he and Saimuddin went to Paba P.S. and narrated the incident. In the next breath he says that his statement was not noted until after two days and he remained at the Police Station. P.W. 14 Ibrahim Hossain stated in ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....lants filed Title Suit No. 31 of 1977 in the 5th Court of Subordinate Judge, Dhaka for specific performance of contract stating, inter alia, that there was an agreement between S.M. Ismail on the one hand and Hemnalini Basu (the predecessor of respondents 1 and 2) on the other hand. The Bainapatra i...... from 23rd March, 1974. It amended section 3 of the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act of 1974. Act XLV of 1974 which was previously Ordinance No. IV of 1974. It may be noted that enactment repealed the Ordinance No.1 of 1969 and by section 3 vested the property in the..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....1961 (SC) 218, Institution of Engineers V. Bishu Pada AIR 1978 Cal. 296, Amjad Ali V. All Hossain Johar and another, 15 C.W.N. 353, Ram Charan and others V. Murli and others AIR 1975 All. 399, Nepal Chandra Dutta V. Mrinal Chandra Dutta AIR 1980 Cal. 184, Nitindra Nath Roy Chowdhury vs. Subhas Ch. K...... of Order 39 of the Code is sought to be enforced. 6. The case of Padam Sen and another V. State of U.P. AIR 1961 (SC) 218 arose out of a suit for realisation of money on the basis of a promissory note alleged to have been executed by the defendants in favour of the plaintiff. The defendants appr..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....jusdem generis,' origin from or belonging to same class, learned Counsel contends is not applicable to this phrase" otherwise pecuniary interest". The learned Additional Attorney General on the other hand contends that the expression "he has otherwise any pecuniary interest" includes any interest wh....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appe......ion as against the plaintiffs. Wills and documents which are requited by law to be attested raise other questions but this receipt was not in that class. " 31. It follows from what has been noted above that where there is other evidence to corroborate the admission, incorporated in the cer..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it was found that a fal......ion of Tk. 5,000/- it was noticed that though the consideration was not mentioned in the solenama itself but evidence was given as to the payment and the discrepancy with respect to denomination of notes for which the alleged payment was made "can be disregarded as minor one. " In this ..Category: Property Law | Date: | Hits: 32
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....rises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from t...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....other, wife and son of deceased Khijir (P. Ws. 1, 2 and 5) although admittedly there were many persons who had allegedly seen the occurrence but none of them was examined. The defence, on the other hand, examined as many as five disinterested and independent witnesses who took oa......ini is it reasonable to say that they would still remain "disappeared" for over a decade particularly when the members of the Mukhtibahini themselves were on the retreat ? It may be noted that the trial was held ten years after the date of the occurrence. 9. Now coming to th..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ...... the Regulations having been made under the Biman Corporation Ordinance, 1977, the provisions of the Ordinance shall provide necessary guidance to interpret the Regulations. In the instant case, as noted above no classification as to 'new entrants' vis-a-vis, 'existing employees' has been made i..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... Lalu and Kabir together and on his query they said, that they are going to Srimongal. P.W. 18 Nikhil Ranjan Dey stated that on 3.5.76 at about 1.30. p.m. a man came to his pharmacy with his right hand wrapped up in a gamcha. His right hand covering his palm and the fingers showed injury marks. H......int. The F.I.R. was filed on 3.5.76 that is on the following day at about 9 O'clock. It gives the vivid narration as to that the two accused took the deceased away from home to Srimongal Bazar. Be it noted that the F.I.R. was lodged by the informant before the discovery of the dead body. The circu..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....tted that their inclusion was not at all necessary. In support of his contentions the learned Counsel relied on a decision of this Court in Civil Appeal No. 21 of 1986. 5. On the other hand, Mr. Rafique-ul-Huq, Counsel for the respondent Nos. 6 and 7, submitted that as the appel...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....enting that the company is no longer in the business and that in its place his firm has been doing the same business. Mr. Asrerul Hossain, learned Counsel for the respondents has on the other hand, contended that the company's business is not the "existing business,' but it is the resp......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ty Act provides relief against forfeiture for non-payment of rent and divergent views were takes ii to whether discretion should be used in favour of a habitual defaulter. The Privy Council in Dulli Chand V. Meter Chand (1874) 12 B.L.R. 239 P.C. took the view that such relief can be given to the les......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August 1980, that is, four years after the institution...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C.I.T. 37 I.T.R. 381; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahma...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....December 1980 Tk. 28, 00,000/- was also paid towards the costs of construction of the vessels. In violation of the terms of contract and the letter of credit appellant No 1 imported two second hand, re-reconditioned and used marine engines. Further, though according to terms of the cont......demnity which the Sangstha may give on behalf of an industrial concern and any liability which the Sangstha may incur on behalf of an industrial concern." 10. The first thing to be noted in the clause is that in defining the term “loan” the clause has not employed the..Category: Business or Commercial Law | Date: | Hits: 100
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