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Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others vs. Abdur Razzak, 1992, 21 CLC (HCD)

....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294   ...... property for valuable consideration to the plaintiff. Since then he has been in possession after remodelling the structures. He got his name mutated in Municipal records and paid taxes and also paid rents for the land. The property has also been recorded in his name in RS Khatian after rejection on..

Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ...... petitioner mutated his name in the khatian vide order dated 19.8.72 passed by CO (Rev), Kotwali, Sylhet and he was continuing to be in possession thereof as exclusive owner of the land on payment of rents to the Government and Taxes to the Municipality. He also raised Bank Loan for his business by ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

...., National Board of Revenue and the Second Secretary (Administration), National Board of Revenue filed an affidavit‑in‑opposition and a supplementary affidavit‑in‑opposition controverting the statements made in the writ petition and contending that the Mujibnagar Employees (Condi­tions o...... Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......l right in the disputed fishery by virtue of lease taken from Korotia Wakf Estate but the order of injunction passed in that suit was stayed by this Court in FMAT No. 511 of 1190, The petitioner paid rents for all the 3 years from 1395 to 1397 BS. Because of various litigations, etc. disturbances cr..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Paul and Co., Narayanganj Vs. Bangladesh Bank, represented by its Governor and others, 1991, 20 CLC (HCD)

....e of the Agrani Bank Building, Motijheel. CA, Dhaka informed the Bangladesh Bank bonafide by its letter dated 12.5.91 the outstanding dues of the petitioner as on 31.12.90 as it takes time to collect statements of outstanding dues till 31.12.90 of different loanees of different branches of the Agran......ed outstanding dues till 30.6.91 as per agreement dated 21.7.91. Let a copy of this judgment be sent to Respondent Nos. 1, 3, 5 and 6. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 8...

Category: Banking Law | Date: 27 Aug, 1991 | Hits: 180

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

....ure to compel the detenu to make payment under duress and if he fails, he continues to remain in detention which is not contemplated in section 3 of the Special Powers Act. 12. It appears from the statements and counter‑statements of the parties and the relevant papers filed that the petitioner......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

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. ......led Title Suit No.38 of 1989 in the Court of Subordinate Judge, Narayanganj for evicting defendant No.1, the Bangladesh Inland Water Transport Corporation and its functionaries for recovery of arrear rents, and for compensation for unauthorised occupation. 2. The Corporation was a tenant in th..

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)

....nted by the previous Management on 11.3.89 as Managing Director with the consent of all other directors and it was done in compliance with Articles 46 and 47 of the Articles of Association. All other statements and allegations made by the respondent No. 1 in the affidavit‑in‑opposition have been...... 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. ..

Category: Company Law | Date: 19 Dec, 1990 | Hits: 195

Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)

....xposing falsehood, are a part, a very important part, of evidence before Court. Before drawing any inference from the testimony of a witness the Court, particularly the Trial Court, must consider the statements made in chief and those made in cross by putting them in juxtaposition and see whether th......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..

Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84

Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)

.... girl Rebaka. No explanation was offered for non examination of Rebeka who is so to say, the real complainant in the present case. In absence of the examination of the alleged victim girl Rebeka, the statements allegedly made by her to the police or to the Magistrate cannot be treated as evidence ag......unal is hereby set aside. The accused appellant is acquitted of the charge brought against him. He should be discharged from the bail bond. Ed. This Case is also Reported in: 43 DLR (1991) 420. ..

Category: Women and Children | Date: 15 Aug, 1990 | Hits: 99

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

.... jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in the plaint that the schedule properties were purchased "for the interest and bene...... 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

State Vs. Abdus Sattar and others, 1990, 19 CLC (AD)

....on P.W.1 along with all the eye‑witnesses and others started for the house of Nurul Hoque. 22. Then the High Court Division disbelieved the other two witnesses, P.Ws.2 and 3, saying "the statements of' these 2 witnesses also do not inspire any confidence as the alleged hue and cry r......nder section 201 is set aside. The respondents are directed to surrender forthwith and serve out the sentence imposed upon them. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 44. ..

Category: Criminal Law | Date: 9 Aug, 1990 | Hits: 50

Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)

.... the High Court Division nor could impress upon us as to why any part of their evidence should be taken in favour of the defence. 10. Mr. Hossain submits that P.W.1 Sona Miah made contradictory statements regarding the place of occurrence. In cross ‑examination he stated that his house and t...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ..

Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91

Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)

....edings are disposed of by affidavits and counter-affidavits. Further, the question of taking evidence in the present case would have arisen provided the petitioners would have specifically denied the statements made in the petition for drawing up a proceeding for contempt. In the case of Sukhdev Sin......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..

Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....mensingh under section 77 of the Banking Companies Ordinance, 1962 from their illegal possession over the property. 4. The defendant Nos. 2 and 3 are contesting the suit by filing separate written statements. It is stated by the defendant No. 3 that the property belonged to the aforesaid 3 brothe......ng No. 5 Machua Bazar. It is also stated that after purchasing the above property the defendant No. 3 has mutated his name in the Revenue office as well as in the Municipality on payment of taxes and rents. Since purchase the defendant No. 3 has been in continuous possession and paying all rents and..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

AKM Hedayetul Islam Vs. Executive Vice Chairman, Bangladesh Agricultural Re­search Council and another, 1990, 19 CLC (HCD)

....Islain said that the Director had kindly agreed to issue interview card but in another statement on 3.8.77 he said that the Director would not issue him interview card. Thus he has made contradictory statements. 4. During the enquiry it has come to light that Mr. AKM Hedayetul Islam was the aut......reby set aside and those of the learned Munsif are restored although not on the same grounds. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 44. ..

Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74

Dr. Naimur Rahman and another Vs. Shahbazpur Tea Co. Ltd and another, 1991, 20 CLC (AD)

....‑affidavits filed by the parties for winding up was not a bonafide one and the same was made for collateral purpose. It is not be permissible in law to re‑open the matter on the basis of the statements and grounds as contained in the winding‑up applications as the applications are strictl......erve any useful purpose. 12. In the result, these appeals are dismissed with the observation made above. In the facts and circumstances of the case there will be no order as to costs. Ed. ..

Category: Business or Commercial Law | Date: 19 Jun, 1990 | Hits: 124

Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)

....achieve his personal interest. 6. The respondent No.3 through his constituted Attorney A. Rahman has appeared and filed an affidavit. In this affidavit the respondent No.3 has fully affirmed the statements made by the petitioner in the application as well as in the affidavit‑in‑reply. The r......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..

Category: Company Law | Date: 17 Jun, 1990 | Hits: 184

Atiqur Rahman Vs. AKM Fazlul Hoque, 1990, 19 CLC (HCD)

....ustoms Authority way surprised to come to know about the final report when the accused petitioner came to claim the goods after the final report. It is further alleged in the Naraji petition that the statements in the final report was absolutely false so far it relates to consultation with the Custo......ni. In the result, the Rule is discharged and stay granted by this Court earlier is vacated. Sent down the records at once. Ed. This Case is also Reported in: 43 DLR (1991) 49. ..

Category: Fiscal/Taxation Law | Date: 11 Jun, 1990 | Hits: 80

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

....have been taken into consideration by the High Court Division as admissions and should not have been thrown out altogether as evidence outside of pleadings and issues. Mr. Nurullah submits that these statements of defendant No. 1 were perfectly admissible in evidence as admissions on his part as to ......f auction purchased the present suit properties on 27.2.62 obtained a sale certificate and also delivery o possession on 18.5.62. The plaintiff is in possession of the schedule property on payment of rents etc. since then. The plaintiff alleges that defendant No. 1 is a trespasser and he had or has ..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123