Judgment search - Chancery Law Chronicles

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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......a categorical statement that a sum of Rs. 50,000/- was given to her by her father Kanchan Munshi a few days before the transfer was completed, she kept the money with the plaintiff and out of that amount the plaintiff paid the consideration money by issuing cheques in favour of the vendor Md. Na......'s case in short is that he married the defendant in 1933 but had no issue. On June 6, 1945, the plaintiff purchased the premises No. 207A, Park Street, Calcutta for Rs. 36.750/- with his own money, and the kabala was taken in the name of his wife, that is, the defendant. The plaintiff purc..

Category: Property Law | Date: | Hits: 448

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....ing the statutory report or in holding the statutory meeting. (iii) if the company does not commence its business within a year from its incorporation or suspend its business for a whole year. (iv) if the number of members is reduced in the case of a private company be......was not fraudulently and surreptitiously replaced as alleged by respondent No. 1, who had knowledge of the same all though, (ii) that the difference of opinion between the directors could not amount to a state of deadlock in the affairs, of the company and the deadlock In holding the meetin......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 110

Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)

....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......for the legal tender and for the balance he applied to the Area Committee for release of the same. The said Committee finally passed an order on 11.12.71 forfeiting 25,000/00 rupees and releasing the amount 46.500/-. After the emergence of Bangladesh Sonali Bank came into existence as successor of N......ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 129

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....d as an industrial dispute so that incase of such dispute a worker would be entitled to move the Labour Court under section 34 of the Ordinance, views were expressed that if this were possible the whole purpose and scheme of the legislation which provided for the settlement of an industrial disp......ion 34 can certainly be invoked for the necessary relief against such infringement, if other conditions of the said section are fulfilled because victimisation for trade union activities may amount to an infringement of right guaranteed or secured by any law, But it appears to us that i......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......he Division Bench, which, on consideration of several other decisions, held that payment of four months' rent, namely Agrahayan, Pous, Magh and Falgoon of which receipt was granted for three months amounted to default. The learned Judge of the High Court Division, however, did not consider the oth......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..

Category: Tenancy Law | Date: | Hits: 116

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... ought to have been considered whether in the admitted facts of the case and having regard to the provision of law under PO 16 of 1972 as quoted above it could be said that the act of the accused amounted to creation of a false document within the meaning and definition of forgery under the Pen.......1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/‑being 15% of the bid money in favour of the Executive Engineer (Maintenance) PWD, but the Ministry of Public Works coul..

Category: Criminal Law | Date: | Hits: 51

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......nd another ..............Defendant- Respondents Judgment March 15, 1990. Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumst...... the findings of the first Appellate Court but refused specific performance of the contract in exercise of his discretion under section 22 of the Specific Relief Act and ordered refund of the earnest money and a solatium of Tk. 5,400.00, in all Tk. 10,000.00, to the plaintiff. 3. Khondkar Mahbub..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....o sets up his right to inherit the properties of Moulvi Abdul Aziz by saying that his is the lawful sole heir of Moulvi Abdul Aziz, which could only be under custom, The reply must be read as a whole and reading it as a whole we are unable to agree that it contains any clear or categorical adm......f section 109 had been exercised. The counsel for the appellants then asked for special leave, even though the value of the subject-matter of the suit and the appeal was beneath the proper appealable amount, upon the ground that an important question of law was involved. The Judicial Committee refus......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......e endorsement on the voucher, Ext. 6, of two members of the Union Council who had certified the correctness of the contents of the voucher and on the basis of which the Chairman made payment of the amount and contended that in the aforesaid facts and circumstances the finding of the High Court tha......de payment of Rs. 2,400/-. Subsequently on the basis of complaint filed by P.W.8 Mukshed Ali Mondal and P.W.10 Mir Haider Ali that the work of sinking the tube-wells was not properly done and the money had been misappropriated by the appellant in collusion with 2 members and the Chairman of the ..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......onsiderable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determine the amount of work ac......, 3-3(j) for the plff. claim is proved. C. F. are correct. Ordered That the suit be decreed ex-parte with cost for Rs. 1, 72,317.70 only towards the balance dues including security deposit money plus Rs. 27,250/00 as compensation. The defdts. are allowed 90 day's time to satisfy the de..

Category: Others | Date: | Hits: 103

Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)

....y such contracts by Mrs. Purviz Dalai remained to be settled on the 2nd February 1962. Consequently, under the clear provisions of the Forward Business Rule, she had become entitled to withdraw the whole of her deposit of Rs. 15,000 from the Karachi Stock Exchange still to remain in control of the......ut on the 7th February 1961, a learned Single Judge of the High Court made an order restraining the defendant:— "from- realising Rs. 15,000 from the Karachi Stock Exchange Ltd., or a lesser amount that may be with the Karachi Stock Exchange Ltd., claimable by her on the date of this or...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..

Category: Business or Commercial Law | Date: | Hits: 74

Sirajul Islam Vs. State, 1973, 2 CLC (AD)

....- to Mr. Rahman Ghani and surmised that the said sum might have been used by the appellant himself for his own purpose. The observation of the learned Judges in this regard is as follows: "The whole object of Ex.34 was to show the name of the person to whom Rs. 1,300/- were alleged to have be......n the basis of the statement of the cashier Abdul Aziz, reported that Rs. 200/- was lying with Mr. Zahurul Huq, Rs. 1,300/- with Mr. Rahman Ghani and Rs. 650/- with the appellant himself, and these amounts were ultimately made the subject-matters of the charge against the appellant. In the audit......ct-matters of the charge against the appellant. In the audit report, the cashier, the Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in contravention of the financial rules. After the receipt of this report, prosecution was..

Category: Anti-Corruption Laws | Date: | Hits: 142

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

....partnership firm and the private limited company are distinct, but that by itself is not sufficient to make the present transaction a transaction of sale within the meaning of the income-tax law. The whole basis of the provision of section 10(2) (vii) is that the vendor has made profit by the transf......y, 1957. The firm submitted its return for the assessment year 1958-59, which corresponds to the accounting period ending 30th June, 1957. It was assessed to a total income of Rs. 2, 72,955/-. This amount included a sum of Rs. 2,13,349/-, which was deemed to be a profit of the firm under the 2nd p......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....e plaint, which has been drafted by a Mofassil lawyer, is no doubt very unsatisfactorily worded and it does not set out the cause of action with any degree of precision. But read in the plaint as a whole liberally, according to the accepted principle of construction of Mofassil pleadings, there ...... Judgment June 16, 1969. The Motor Vehicles Act, 1939, section 6 In case of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not mad......given the basis upon which it had assessed the damages at Rs. 10,000/-. 10. The High Court repelled both these contentions and held that under section 1 of the Fatal Accidents Act the "earning of money by the deceased before the date of his or her death, is not the foundation of an action unde..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....blic nature or rent due in respect of such property and such failure did not arise, from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and......w dead), stood surety for the additional liability of Rs. 5000/- by a letter of guarantee. By 13-5-1952, the debt of defendant No.1 rose upto Rs. 37000/-. He executed a promissory note for the said amount on that date. No payment having been made a sum of Rs. 62,265/7/6 became due to the plaintiff...... 1885, thereupon, be a first charge upon the said holding". The sale for arrears of municipal tax was held under section 525 of the Bengal Municipal Act which provides, inter alia, that if money be due under this act in respect of holding from the owner thereof, on account of any tax, and..

Category: Banking Law | Date: | Hits: 230

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......e respondent- Bank filed Title Suit No. 09 of 1989 in the Court of Subordinate Judge in Commercial Court No.1, Dhaka against the petitioners for realization of the said loan along with the interest amounting to Tk. 13,97,690/- and the said suit was renumbered as Title Suit No. 143 of 1990. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 112

....nt. As it appears in the judgment impugned the High Court Division quoted the headlines from paragraph 9 of the above (1982) 2 SCC 25. If the above decision of the Indian Supreme Court is read as a whole including the paragraphs 11 and 12, it will be crystal clear that what was decided in the sa......e ICC Paris in connection with the above arbitration proceeding depositing portion of the fees; on 5th August, 1988 the above respondents raised the plea that the appellant is liable to deposit an amount of D.M. 25,000/- as security before commencement of the arbitration proceeding as Bangladesh......lication of Article 15 of the Internal Rules. The ICC Accounting Department has already returned U.S. Dollar 1000.00 to the plaintiff claimant and U.S. Dollar 1740,00 to the defendants. The above money was found to be refundable to the parties as being in excess of the fees, costs and remune..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

.... out as “The correct test to be applied in a case of this nature is, whether the claimant exercised such domain over the property as to justify the inference that he was in possession of the whole. It is not necessary for him to prove that he was in physical possession of every square inch......the principle of adverse possession was laid when “a person, who bases his title on adverse possession by clear and unequivocal evidence that his possession was hostile to the real owner and amounted to a denial of his title to the property claimed.” 14. In ......s transferred the suit land in favour of the plaintiff on the basis of receipt which was written in presence of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is..

Category: Property Law | Date: | Hits: 53

Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)

...., and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ......entence of imprisonment was reduced to imprisonment already undergone but the imprisonment of fine was maintained. Thereafter the detenu surrendered before the court below and then 50% of the fine amount was paid which was accepted by the court but the detenu could not be released as an order of......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..

Category: Criminal Law | Date: | Hits: 66

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......lso the case of the plaintiff that Balaram’s financial condition was sound and that he did not leave any debt at the time of his death, but by making untrue statements as regard necessity of money for the purpose of repayment of debts, and to meet the expenses of offering of ‘Pinda&r..

Category: Property Law | Date: | Hits: 47

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