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Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......Sultan Giasuddin Road, Narayangonj and the jute suppliers of M/s Ashraf Jute Mills Ltd. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all...

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......plaint as found by the Court of appeal below on consideration of the evidence and as such the finding of fact arrived at by the Court of appeal below cannot be said to have suffered from any error of law resulting in any error in the decision occasioning failure of justice. The original deeds of agr..

Category: Property Law | Date: | Hits: 57

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......P.W.1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused appellants being armed with guns, daos, halanga, lathies, etc. forming an unlawful assembly encircled the informants' bichra. On the order of Matbar Ali, Giasuddin and Almas fi..

Category: Criminal Law | Date: | Hits: 111

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......s Judge, Munshiganj by his judgment and order dated 18.1.1985 and the order of acquittal was set aside and the learned Magistrate was directed to proceed with the trial of the case in accordance with law. Thereafter, the accused petitioner moved the present application under section 561A of the Code..

Category: Criminal Law | Date: | Hits: 88

Abul Hasnat Mohammad Mohsin Vs. Dilruba Aktar and another, 2009, 38 CLC (AD)

....suf­fer imprisonment for more than 15 days. Accordingly, the petition is dismissed with the modification of the sentence as above only. Ed. This Case is also Reported in: VIII ADC (2011) 314.......) months more. 2. The prosecution case, in short, is that the marriage between the accused-appellant and complainant-respondent No.1 was sol­emnized on 29.08.1987 in accordance with Muslim Sharia law and was duly regis­tered and thereafter, the accused-appellant and the complainant-respondent N..

Category: Family Law | Date: | Hits: 185

Joirunnessa and others Vs. Abdul Matalib being dead his legal heirs; Alta Begum and others, 2009, 38 CLC (AD)

....rder of Trial Court is liable to be restored and accordingly restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 302....... Motaleb to bring the instant Title Suit No.241 of 1989 to defeat the execution proceeding and to defeat the decree. The High Court Division failed to comprehend the above aspect and thereby erred in law discharging the Rule. It is the fact that two local investigations in respect of the suit land w..

Category: Property Law | Date: | Hits: 65

Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......mbrel­las at a shop at Anderkilla. The said defen­dant No.1 took loan from Bank by mort­gaging the lands which was gifted to him and his brother, sisters and mother with the help of his brother-in-law (wife's brother) by appointing his brother-in-law as attorney of the plaintiff and the defen­da..

Category: Property Law | Date: | Hits: 65

Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)

....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ...... sub­missions of the learned Counsel for the appellant that “in view to the specific pleading by the defendant No.1-appellant in paragraph 11 of her written statement that the trial Court erred in law in failing to frame appropriate issue of fact for determining the question of fact raised by the..

Category: Property Law | Date: | Hits: 112

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......ation agreement in Clause 13 of the share pur­chase agreement and accordingly, the respondent No.1 order dated 1st August, 2007 rejecting the appellant's application for stay has been issued without lawful authority and is of no legal effect. The learned Counsel further submitted that the purport o..

Category: Civil Law | Date: | Hits: 78

Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)

....lera Research Laboratory is an industry does not appear to be in accordance with law. The analysis as made above has brought into sharp focus that a relationship has been created by the law itself by amending the definition of the word "industry" and the correspon­ding definition of the work "estab......it petition Nos. 625 of 1974 with 624 of 1974, 102 of 1974 and 306 of 1976. Judgment Badrul Haider Chowdhury J. - These four Writ petitions have been heard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate Tribunal as..

Category: Labour and Industrial Law | Date: | Hits: 123

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......a 45.00 came to the khas possession of the Chatterjee landlords. Whether they possessed the land by cultivation physically or not as soon as the holding was surrendered, the possession of the land in law reverted to the khas possession of the landlords. Thus, it cannot be said that the plaintiff fai..

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

.... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644.......sional jurisdiction of this Court and obtained the present Rule. 5. The learned Advocate appearing for the petitioner has assailed the judgment and order of the learned Subordinate Judge as bad in law, illegal and liable to be set aside. It is further urged that the learned Subordinate Judge fail..

Category: Property Law | Date: | Hits: 68

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......PW 1 Mannan. Somed also reached the 'Bichra'. At that time they found that about 40/50 persons including all these accused‑appellants being armed with guns, daos, halanga, lathies etc. forming an unlawful assembly encircled the informant's bishra. On the order of Matbar Ali, Giasuddin and Almas fi..

Category: Criminal Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......Bank account, that he constructed the first‑floor at a cost of Tk. 1,24,455.00. He proved the letter of IDBP sanctioning the loan dated 20.11.70 which was marked as Ext. 2. He also proved the bye‑laws of the Shilpa Bank which was marked Ext. 3, that he had vouchers for purchase of materials for ..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit. Under the provision of Order XXIII rule 3 of the Code of Civil Procedure if the defendant can satisfy the Court that the claim in the suit had been adjusted or satisfied wholly or in part by any lawful agreement or compromise then the Court shall pass a decree in terms of such compromise. But n..

Category: Procedural Law | Date: | Hits: 67

Bangla Jalpari Lines (Pvt) Ltd. Vs. Continental Grain Company (Canada) Ltd. and others, 1990, 19 CLC (HCD)

....nished there is no merit in these two revisional applications. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 617. ......he ownership and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned A..

Category: Admiralty Law or Maritime Law | Date: | Hits: 186

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614....... AKM Shamsul Karim Assistant Attorney General ‑ For the State. Criminal Appeal No. 174 of 1987. Judgment Amin‑ur‑Rahman Khan J. - This appeal has been heard on the preliminary point of law raised on behalf of the appellant. 2. The appellant along with 3 others was tried by the Spec..

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611.......ons at different offices and ultimately final order was passed on 2.5.90 permitting to file the appeal. Thereafter, the memorandum of appeal was drafted and naturally it was drafted by the Government lawyer and the appeal was filed on 5.5.90 which means within 3 days of the order directing to file t..

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....e Act till considerably long time was allowed to pass after its enactment but only when the Ordinance was promulgated they rose up from sleep and filed this petition. It is further submitted that the amending Ordinance having been withdrawn the apprehension that the petitioners as voters will be sub...... to why the impugned legislations as of Annexure 'B' and the Ordinance Annexure U should not be declared as void and inconsistent with the provisions of the Constitution as having been passed without lawful authority and is of no legal effect and also prayed for an ad‑interim order staying the ele..

Category: Constitutional Law | Date: | Hits: 229

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......ve any reason for rejecting the application for amendment. He further submits that the amendment was just and necessary for proper adjudication of the title, and the Court below committed an error of law in the decision occasioning failure of justice in not noticing that the petitioners were not imp..

Category: Property Law | Date: | Hits: 92