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Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....f the Sangstha generally or specially authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business or the office of branch of the Sangstha from which the......;cations and approved plan/design is Tk. 47, 87,500/- (Taka forty seven lies eighty seven thousand and five hundred) only. The total price of the 2 (two) coasters is Tk. 95, 75,000/-. Out of this amount BSRS will pay Tk. 70, 00, 000/- only by establishment of an irrevocable letter of cred......d upon but imported second hand marine engines and construction of the vessels was not completed within the stipulated time. Respondent No. 1 filed the aforesaid application for realisation of money which the appellants had and received from the Sangstha. 6. Article 33 of the Ba..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....lief of cancellation need not be specifically asked for in view of the language of section 39, that in determining whether in a suit cancellation has been asked for, the plaint should be read as a whole and the court will not "confine itself merely to the form of the plaint but it must look......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......eached for sale of the land for a consideration of Tk. 2000/-, that on the following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money and she was requested to give her left thumb-impressions on a blank sheet of paper which was..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... Baboo, (1874-75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to incur debts and borrow money for the service of the idol and preservation of its property, to the extent to which there is..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....Baksha married Alfazuddin’s sister. The heirs of Alfazuddin are the appellants. Then on 12.4.39 Jobeda sold the remaining 15 pakhis of land to Alfazuddin Ahmed by Exts. E. and E (1). Thus the whole property was purchased by Alfazuddin Ahmed. 9. Alfazuddin Ahmed died on 12.11.62.The ......ear language by the Privy Council in the case of Siddik Mohammad Sha Vs. Nt. Faran, AIR 1930 PC 57 as quoted below: "Where a claim has been never made in the defence presented no amount of evidence can be looked into upon a plea which was never put forward before." ...... totally denied any title of Hedayet Baksha from the very beginning of the kabuliyat dated 2 June 1920. Their case is that the settlement under the kabuliyat was taken by Jobeda alone with her own money and for her own benefit and interest, but Hedayet Baksha who was brother of Jobeda's husband ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. 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: 39 DLR (AD) 1. ......ner except as allowed under section 14A quoted above. In other words, in order to prosecute an independent suit, it must be shown that the impugned order cannot be passed or that the order does not amount to an order under the Act, that is to say, the order itself is incompetent. There is, however......r Chowdhury, J. 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: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......eral meeting made upto a date not more than six months before such meeting. The balance sheet shall be accompanied by a report of the Directors as to the state of the Company's affairs, and the amount which they recommend to be paid by way of dividend, and the amount (if any) which they pr...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......ith a finding that no criminal offence was committed by the appellant in accepting rent for his own house. Even thereafter, a certificate proceeding was started against him for realisation of the money paid to the appellant by the Military Estate Officer as rent of the premises 8. Be that as ..Category: Tenancy Law | Date: | Hits: 108
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......use (b) of section 96(6). The Court may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer t......t may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in app..Category: Property Law | Date: | Hits: 51
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....eople after liberation with the same hat days as those of the Tebaria hat. The local Administration after making enquiries came to the decision Salimabad hat was not in existence from the time of wholesale acquisition. It was established in 1971 on some private lands: The local administration,......g by the side of Tebaria stands. According to the trial Court as well as the First Appellate Court, the tick mark in red ink appearing by the side of Tebaria market shows some interpolation which amounted to forgery. The learned Attorney-General as well as the Counsel for respondent No. 2 submit......o be held on Wednesday and Sunday which was approved by the defendant No. 2. The revenue authorities under Sairat Case No. 302 of 1983 B.S. leased the hat for the year 1383 B.S. on payment of due bid money to the Secretary, Salimabad Girls High School. Then in 1977 the defendant No.1 made a declara..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......n respect of any premises, is payable by the tenant and the land-lord agrees, under the terms of the tenancy, to pay such rate, tax, told or fee or such share of such rate tax, toll or fee, the amount so agreed to be paid by the landlord shall be payable by the tenant to the landlord in ad...... on partnership business with defendant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff refused to accept rent. So he sent rent for the month of September and October 1977 by money order which was received by the plaintiff and further remitted be rent for the mouth of Novemb..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......ate and another …………Respondent Judgment February 9, 1986. Contempt of Court “Acceptance of an apology tendered not at the earliest opportunity showing sincere regret, would amount to opening and not closing the door of scandalizing the Courts”……..(22) Action......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ার নামা পত্র সম্পাদন করিয়া দিলাম। ইতি সন, ১৩৫৯/৫ই, চৈত্র ইং ১৯-৩-৫৩। 30. That clinches the whole issue. Khorshed Alam was not only mentioned as his eldest son but he was given the status of ......e documentary evidence and oral evidence adduced by the plaintiff show that towards the end of 1965 the scheme was made for dislodging Khorshed Alam from she family and the rent suit for recovery of amount of Rs. 900/- was merely a device for letting In some evidence for the purpose of discarding...... womb of his mother Meher Shamsun Nahar who was married in 1939 to Amir Ali. Be it noted that Zohura who reared up Khorshed Alam was married in 1935 and died in 1966. It appears that Amir Ali filed a money suit being M.S. 33 of 1965 for realisation of rent of tk. 900/- being the arrears of rent fro..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......ub-continent, Hizanat is justified to fit in with the attending circumstances of the case in exercise of the discretion exercised by the Court………………(21) Child’s welfare is of paramount importance in appointing guardian. Welfare of the child is to be considered while appo......doctors she took the boy to U.K. where he has already undergone operation Doctors in U.K. expressed the opinion that the boy may need another operation. Appellant never looked after the boy nor spent money over his treatment. She was even beaten up by the appellant in presence of the boy. On the o..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....o the Registrar of Co-operative Societies in the matter of guidance, control and supervision of affairs and business of a cooperative society and for healthy growth of cooperative movement as a whole. It is in the exercise of this power and discharge of this function that the Registrar is foun......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ng as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committee of the Bank and a proceeding was drawn against him on charges of misappropriation of Bank's money by forgery and falsification of accounts. He submitted his explanation, on consideration o..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....hese houses he reported the matter except his own men—P.Ws 2 and 3 Evidence of P.Ws 2 and 3 is what P.W 1 reported to them after his escape. These three are the only witnesses on whose evidence the whole prosecution case as to actual assault depends. 11 witnesses including P.W. 4, a maternal unc...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ......ested witnesses. Again, terms of the Shalish as stated by these witnesses include payment of Tk. 300/- to accused Mujaffar as cost of the cases against Nurul Islam, but there is no evidence that this money was taken by Nurul Islam with him to be offered to his father-in law when he went to his house..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......nt Bank filed Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed......ther submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanced and interest received and further for a declaration that the compromise decree passed..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ...... case the Tribunal was justified in allowing the appeal setting aside the order of the Appellate Joint Commissioner as well as of the Deputy Commissioner under section 18A imposing additional amount of tax and whether notice under section 23(2) of the Income Tax Act as sufficient for the pur......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......is case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public money was to be recovered, but neither of them was involved in the Auction-sale in ......aid proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public money was to be recovered, but neither of them was involved in the Auction-sale in connection with w..Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......Suit was valued at Tk. 1,83,330/- the details of compensation claimed were given as follows ". I. Loss average monthly income from 18.1.72 to 20.5.77 @ Tk. 2.000/- per month amounting to Tk. 1,28,000/- II. Outstanding credit dues from Cus......No. 1 in terminating the licence, Ext. 6, has been wrongful. 28. Respondent No.3, Idris Alam, stated that he got provisional licence on 18th January, 1972 and on depositing Tk. 15,000/-as security money, vide receipt, Ext. C (1), got regular licence, Ext. B(1), on 26th November, 1972. He was the ..Category: Business or Commercial Law | Date: | Hits: 118
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