Search Options
Judgment Advanced Search
Displaying 4561-4580 of 4879 results.
....nance for recovery of possession of the disputed land was not attracted and the notices were thus illegal and without lawful authority.
5. The above sums up the core of controversy between the parties, the details of which are strewn in the lengthy assertion and counter‑assertion of the myr......try of Industries not to take any steps in respect of Military Lands leased out to M/s Drums Metal Ltd.
13. On the basis of the public notice the appellant submitted tender on 20.5.76 offering payment of Tk. 91,00,000'00 towards the price of the lands, machineries, equipment and buildings and......0'00 including interest to Agrani Bank. The appellant asserts that it has spent a huge amount of Tk. 6.5 crores for repair and renovation of the machineries and equipment’s of the factory by taking loan from Commercial Banks mortgaging personal properties and assets of the Directors of the appella..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....urt has committed no palpable or glaring error of law by holding so. He submits that section 53A can be fully invoked by the defendant because it is the concurrent finding of the Courts below that in part performance of the contract dated 30.12.72 the defendant took possession of the suit land. 1...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....treatment in Dhaka and that no such incident as alleged by the prosecution took place at the relevant time and place. He did not deny the death of Idris Fakir but alleged that it was Idris Fakir's party, variously armed, who had raided the house of Badsha Mia in the course of which Badsha Mia's ......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....red to above. The lessee rejected these objections and stuck to its assessment contending that for the exemption, as claimed, a "certificate" from a gazetted officer of the appellants' Department that the property is government property and that "it is intended for use for officia......vement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at his disposal by the Ministry for payment of the octroi. At a later stage, the Controller reduced the claim to Tk. 9,98,947.25 taking......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ed in Civil Revision No. 308 of 1985 affirming the judgment and decree of the lower appellate Court whereby the judgment and decree of the trial Court was reversed arising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecesso......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ese material findings, the suit was dismissed. 8. The lower appellate Court also found that there was no sale certificate and writ of delivery of possession and that Ext. 8 did not show any particulars so as to connect it with the suit land. The rate of rent of the suit khatian also did n......oza Chowdhury." It further held that there was no documentary evidence to show that the tenants gave up their possession of the suit holding in favour of the landlord on getting exemption from payment of balance decretal dues. But the subsequent conduct of the landlord, namely, the settlemen......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of 1980 allowing the appeal in part and modifying the decree dated 29‑4‑90 in Title No. 90 of 1972 passed by the learned Subord......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... Division, Rangpur Bench in FA No. 140 of 1976) Judgment: ATM. Afzal J: Plaintiff‑appellant brought a suit for partition, No, 39 of 1968, in the Court of Subordinate Judge, Bogra which was dismissed and on appe......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....mited period at least giving a chance for the conclusion of the civil suit. Mr. Ahmed also submitted that the High Court Division was not right in holding that the pronouncement of Judgment was not a part of the trial, that section 344 Cr.P.C. was not attracted in the facts of the present case, that......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....dits of account, nor the books of accounts and other supporting papers were produced before the Deputy Commissioner of Taxes, Companies Circle III, Chittagong, in spite of the requisition by the department. The assessee's explanation was that they did not receive the revised audit report from th...... between the Management and the permanent staff in an atmosphere of cordiality and accommodation on both sides." 6. In view of absence of supporting papers, verifiable evidence of payment to the staff, and the fact that the agreement was made on 14.9.72, only 16 days before the ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
....েলিফোনে এ কথাবার্তা বলেন।" If the statements quoted above are read as a whole then it clearly conveys that the complainant was induced by the accused to part with Taka six lacs between 1987‑88 on the false assurance of the accused that be would give s...... stated in the petition of complaint that having communicated with the Bank regarding encashment of these two cheques she was told by the Bank that the accused had instructed the bank not to make any payment of the said cheques. After the filing of this petition of complaint, she was examined on the......case has been made out and we do not think it fit and proper to quash the proceeding at this stage. Hence, the appeal is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 139. ..Category: Criminal Law | Date: | Hits: 64
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....or non‑filing of the documents at the time of filing of the plaint has not been shown by the plaintiff in this case. As a matter of fact, no malafide or ill motive could be attributed on the part of the plaintiff in not filling those documents. 8. Now remains the precise question fo......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....unal The power to create an appellate forum can be found from the proviso to Article 117(2) of the Constitution and the Supreme Court was not the only appellate forum intended to be established by part VI of the Constitution. The Appellate Tribunal was validly established under the said proviso t...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....s of Pakistan National Oils Ltd., that its shares are held by three persons, majority of which are in the name of Bangladesh Petroleum Corporation. Jamuna Oil Co. Ltd. has a distinct legal entity apart from the Bangladesh Petroleum Corporation and this legal position has been affirmed by this Co......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....‑ Record ‑For the Appellant. BK Das, Advocate Supreme Court instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Respondents 1‑ 4. Ex‑parte ‑ Respondents 5‑28. Civil Appeal No. 37 of 1987 (From the Judgment and......S which according to them was paid under duress makes no difference in determining the question of adverse possession because their possession become adverse in law long before the alleged date of payment of rent. The trial Court itself found that Ext. A (rent receipt in question) was not issued......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ged to 3(three) brothers, Nibaran Chandra Mitra, Abinash Chandra Mitra and Satish Chandra Mitra who acquired the same by purchase on 21.4.1914. The joint properties of three brothers were amicably partitioned and the suit property fell in the saham of Abinash Chandra Mitra who died leaving behin......ho transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of E......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....led law that the document in question itself read as a whole will primarily determine whether the document is a mortgage or an out and out sale with a condition of re‑purchase. The intention of the parties is to be gathered from the character of the document itself as well as from the surrounding ......” 8. Seven tests have been laid down in the cases mentioned above to determine whether a document is a mortgage or an out and out sale namely, (i) the existence of debt, (ii) the period of repayment‑ a short period being indicative of a sale and a long period of a mortgage; (iii) possessi......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
...., the Bill of Lading was issued by the charterer of the ship with the term "to the order of Transclear SA" as the consignee, but the Bill of Lading was not supplied to the importer and the notifying party was M/s MA Baker. The said cement arrived at the port of Chittagong on 24.7.90. The Bill of En......t and laid its claim to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and damages which is alleged to be the first charge on the cargo after the payment of customs duty and port charges. It was stated that its ship carried the cement from Iraq u......he learned Additional Attorney‑General, supports the contention raised by Mr. Syed Istiaque Ahmed, the learned Advocate for respondent No. 1. The cited decision is a case wherein the shipper took a loan of L‑300 from the appellant‑bank for sending some machinery from London to Poti in Black Se..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
.... dated 24.10.89 who are already on record ‑ Respondent No. 5 (in CA No‑52/1989) Substituted vide order dated 20.7.89 who are already on record ‑ Respondent No. 7 (in CA No. 53/1989). Ex‑parte ‑ Respondent Nos. 2, 3(a) to 3(d) and 4 (In Civil Appeal No. 52 of 1989) Ex‑parte ‑ R......aking additional evidence, that the purchasers had brought about improvement in the land at a cost of Tk.1.5 lacs which, over years, came to Tk.2 lacs; he, therefore, allowed pre‑emption subject to payment of the cost of improvement to the tune of Tk. 2 lacs within 60 days from the date of judgmen......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ade three confessional statements before PW 9 Mr. Shushil Kumar Roy, Upazila Magistrate, Bamna, which are marked as Exhibits 3, 4 and 5 respectively. The said confessional statements being the main part of the evidence in the present case we will consider the individual confessional statement ind......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
101510141012101110101009100810061005100310011000999997996993992990989985