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Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
..... The Bank however withdrew the said Miscellaneous Case. Thereafter the said Bank took forcible possession of the Mill of the Company and compelled the petitioner to write some letters and to sign an agreement dated 13.10.86 admitting liability of Tk. 142,97,000/00 and obtained some post‑dated che......Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Ba......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
....d in the pleading of the defendant, and where there is no pleading of the defendant, there can be non‑admission on his part and he is bound by all the allegations in the plaint. Being in respectful agreement with the aforesaid view of the learned Judge I am also of the opinion that where there is ...... Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aunwalla, 1936 Bom 285. Lawyer......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....se under section 73 of the Evidence Act. We find no substance in this appeal and it is, accordingly, dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 122. ......tion of title between the two competing parties. Profulla Chandra was not present before the Court either as a witness or in any other capacity, in the facts of the case the question of directing him to give his specimen signature in Bengali does not arise under section 73 of the Evidence Act. ......ave information about the Bank account numbers of the owners, and sent photo copies of the sale‑deeds to the Corporation. Instead of paying rents to the plaintiffs the Corporation requested them to sell the suit land by its letter dated 4.11.1997. When the Corporation again requested the plaintiff..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... December 19, 1990. Result: The prayer is allowed. Annual General Meeting, once a year According section 81 of the Companies Act every company shall in each year hold in addition to any other meetings a general meeting as its annual general meeting. But no Annual General Meeting......proved his signature Ext. A(1) and A(2) in the Memorandum and Articles of Association. He stated that he had never sold his shares to anybody. He did not know who is Mr. Humayun Kabir not to speak of selling his shares to him. The signature as contained in Annexure‑A of the Affidavit‑in-opp..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....of minor children leased out the building to the Bangladesh Cha Sanshad from before liberation of Bangladesh and the said tenant continued in possession till June, 1973. Subsequently, by and under an agreement of lease executed in June, 1973 between Mr. K A Dewan, a member of National Board of Reven......gladesh, represented by the Secretary, Ministry of Works and Urban Development, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Ban......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....filed an Affidavit contending, inter alia, that it had invested in the business of the Company Tk. 29,42,980.61 upto 13.6.76 on behalf of the Government; that at the time of release of the factory an agreement dated 16.9.76 was executed by the Company whereby they had acknowledged he aforesaid inves......vi), 163 read with section 166 Whether the Appellate Court was wrong in setting aside the order of winding up- The learned Judges in considering the appeal against a winding up order totally failed to keep in view the central question as to whether the Company was, commercially inso......rder for winding up of the Company was warranted. Dr. Zahir, however, supported the said finding and submitted further that if the Company were allowed even today to run its business, the Company may sell or mortgage part of its assets and arrange to pay off the creditors as it had arranged during t..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....es held in joint names. 7. Mr. Syed Ishtiaq Ahmed, learned Counsel for the defendant‑appellants, however, has not questioned the finding of the High Court Division that there was a partnership agreement between the plaintiff and defendant No. 1 and that the decretal properties were acquired n....................Respondents Judgment August 14, 1990. Result: The appeal is dismissed. The Partnership Act, (IX OF 1931); Section 14 and 69(2) Whether the immovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the name...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
....suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
...... as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
......Court in the year 1956. But the auction sale was held in the year 1965. So in view of the provision of section 171 the said auction sale was void inasmuch as no permission was taken from the court to sell the property in dispute under the PDR Act.
22. Mr. Mahmudul Islam submits that section 171 o..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....foresaid two cases the jurisdiction of this court under section 38 of the Companies Act has been discussed and settled. In 34 DLR case his Lordship has held as follows: “I am in respectful agreement with the views of Amin Ahmed, CJ in Re. Messrs Anath Bandhu Guha & Sons Ltd. reported ......e 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the company will be perfectly justified to refuse registration of purchaser’s name on the ground of non-production of the share certif......o Mrs. Amir Banoo. This submission of Mr. Aminul Huq is supported by two facts, firstly, under the Articles of Association vide Article Nos.21, 22, 24 and 25 the respondent No.3 was not authorised to sell any share to Mrs. Amir Banoo who is admittedly an outsider and who is not the wife of the respo..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....means and they agreed that admission of any liability during the compromise talk will not be used as evidence in Court, if the compromise fails, against the party making it. Even if there was no such agreement between parties while attempting at a compromise but the admission is made under circumsta......uddin Ahmed CJ MH Rahman J ATM Afzal J Tamizul Haque and another..............Appellants Vs. Shamsul Haque and others.................Respondents (In Civil Appeal Nos.39 to 41 of 1986). M/s. Haque Brothers Limited..................Appellant Vs. Shamsul......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....ranted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpo...... assent is a question of fact. It may be inferred from the length of period of possession and other circumstances excluding an inference of dissent by the landlord. The finding of the Courts below as to the right of the plaintiff on the basis of continuous possession after the expiry of the lease Ex......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......gum Arafat & others................................Opposite Parties Judgment May 22, 1990. Result: The Rule is discharged. It is settled principle of law that mere declaratory suit is maintainable if it is found that the document with regard to which declaration is sough......op grown on the land in suit and she continued in possession therein through her bargaders and pattanders. It was further alleged by her that the defendant‑petitioner wrote a letter on 22.2.1980 to sell 0.12, acres of land out of the suit land with her permission. The defendant on the basis of the..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....nd was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, the sale ......titioner Vs. The State and another.....................Opposite Parties Judgment May 13, 1990. Result: The Rule is discharged. The accused petitioner misrepresented to get permission for sale of the house and mutation and all relevant documents were false, forged a......the Government and from him the petitioner purchased the plot and after obtaining permission and loan from his employer namely, Janata Bank he constructed a two‑storied house and then contracted to sell the said house to Mustaque Hossain Mahmud for an amount of Taka 12 lakhs and after receiving th..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... not deal with the rate of interest that the Court should award at the time of passing the preliminary decree. Order 34, rule (2)(1) (a) (i) merely indicates the heads in respect of which account has to be taken, but with regard to the question of rate of interest Order 34,rule 11 is a self containe......court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/s. Begg & Beg Jute Incorporated Ltd. is carrying on business of export and buying and selling of jute. The other defendants are its directors. The defendant No.1 was given accommoda..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....g Sun Traders Limited was appointed by respondent No. 1, Chittagong Port Authority as contractor for construction of foundation and Superstructure works of Transit Shed Nos.1 and 2. The Contract agreement between the parties was entered into on 10.1.1980. It was stipulated between the part..........Appellants Vs. Chittagong Port Authority and another..............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-part...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....se, in brief, is that defendant No.1 being owner of the suit lands proposed through defendant No.2 to sell out the suit‑lands to the plaintiff and the price was Settled at Tk.25,000/ by mutual agreement in presence of witnesses and some of the defendant Nos. 2‑11. The plaintiff paid Tk.10,0......aracter It is well settled that evidence of an expert witness is of very weak nature. The evidence and the opinion of the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Kh...... in Title Suit No.502 of 1974 for Specific Performance of Contract. 2. The plaintiff's case, in brief, is that defendant No.1 being owner of the suit lands proposed through defendant No.2 to sell out the suit‑lands to the plaintiff and the price was Settled at Tk.25,000/ by mutual ag..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....in collusion with one Gul Muhammad represented to pro‑forma defendant No. 2 that he had interest in the suit houses and thereby managed to take by misrepresentation and fraud an illegal and invalid agreement from pro‑forma defendant No. 2 for the house which was in his possession from before. Pr...... 15, 1990. Result: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the d...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Anisuzzaman Vs. State, 1990, 19 CLC (HCD)
.... connection in a given special circumstances which would bring it within the comprehensive definition of prejudicial act as contemplated in section 2(f) of the Special Powers Act. Being in respectful agreement with observation made in Tomiz Mia I am of the opinion that where the subject matter of th......lowed. The question is whether theft of electric pumps will be an offence punishable within the meaning of section 16 of the Special Powers Act, 1974. It is held that theft of property belonging to the citizen does not attract the provision of section 2(1) of the Special Powers Act and a person......roject authority. In the result, I allow the appeal with the aforesaid observation. The appellant is released from his bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 35. ..Category: Criminal Law | Date: 4 Feb, 1990 | Hits: 86
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....XIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been met. The bank was not a party to the agreement. The outstanding amount was tendered against balance claim of the bank but that was refuse......€¦â€¦.Defendants-Respondents Judgment December 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but f...... Judgment December 4, 1989. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule I The judgement debtor entered into a contract to sell the mortgaged land for satisfaction of the decretal amount but full requirement has not been me..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....evel of the land which was lower at a cost of Taka 10,000/-. The defendant No.1 with his family members migrated to India in March, 1964 without executing the registered sale-deed in pursuance of the agreement for sale. The defendant No.2 who is the daughter of defendant No.1 filed petition before t.............Appellant Vs. Mohammad Abdul Jalil Mea & others....................................Respondents Judgment March 13, 1989. Result: The appeal is allowed without any order as to cost. Cases Referred to- ILR Bom. Series Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol...... plaintiff filed a Suit for declaration of his title in the suit land stating, inter alia, that defenÂdant No.1 Hemanta Kumar Areng while owned and possessed the Suit land entered into a contract to sell the suit land to the plaintiff at a consideration of Taka 45,000/- on 15.1.63. The plaintiff pa..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
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