Search Options
Judgment Advanced Search
Displaying 4821-4840 of 5707 results.
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....ith its principal office at Terri Bazar, Chittagong. But on account of its failure to transact the Banking business and inability to meet the demands of its creditors the bank closed its business and sought moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly ap...... binding upon the Bank and are legally enforceaÂble. Reliance has been sought from 9 DLR 1, in which it was held: "Persons dealing with Directors or ManagÂing Directors of a Company arc not called upon to enquire whether the Directors have been validly appointed or whether there is a spe......1979. Judgement: Shahabuddin Ahmed J. — This appeal by special leave arises from a judgment and decree of the High Court Division in Letters Patent Appeal No. 4 of 1967 confirming that of the trial Court in Transfer Suit No.1 of 1965. 2. Mahaluxmi Bank Limited (In Liquidation) filed the s......d this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the wi..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....No. 18 of 1985. Judgement ATM Afzal J. — This is a defendant's appeal following leave and arising out of Judgment dated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......ated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....nt: M.H. Rahman J. — The appellant and six others were convicted by the trial Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentenced to one year's rigorÂ......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......ey General, instructed by Zinnur Ahmed, Advocate-on-Record — For the State. Criminal Appeal No. 28 of 1986 Judgement: M.H. Rahman J. — The appellant and six others were convicted by the trial Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation...... Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim afte..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....d No. 5……………..(8) Issue of short landing certificate is the responsibility of the Port Failure to notify the plaintiff about the fact of shortage absolves the plaintiff of any legality……………….(15) Th......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......ttagong on 3rd May, 1964 and discharged its cargo. They are not liable for the loss. The suit was decreed on contest. On appeal the High Court Division reversed some of the findings of the trial court and modified the decree in part. 4. Being aggrieved, plaintiff-appellant moved......med J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. ..Category: Civil Law | Date: | Hits: 89
....llip;……………………..(10 & 11)
When
the Labour Court exercise its jurisdiction for trial of offences under the
Labour law, it does so as a Magistrate of the 1st Class but when the punishment
is given and sentence is recorded then ......n such appeal shall be final, Subjection
(4) then provides: "all decisions of Labour Court, other than awards
referred to in sub-section (3) of section 36 shall be final and shall not be
called in question in any manner by or before any court or other
authority." In other words th...........................
Appellants
Vs.
Bangladesh
Milk Producers’ Co-Operative Union Ltd. ...............Respondent
Judgment
June
3, 1984.
The Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of
1969), sections 36 and 36 (3)
......cers’ Co-Operative Union Ltd. ...............Respondent
Judgment
June
3, 1984.
The Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of
1969), sections 36 and 36 (3)
The
Labour Court has the same process as are vested in the Magistrate, Firs..
Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....asses a decree in accordance therewith, such a case will fall within the exception and such a decree would not require registration……(6) Solenama was given effect to and consÂtruction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compr......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......maining portions of the suit land of that suit in the allotment of the defendants and as such according to the defendants, the plaintiff was not entitled to get any relief whatsoever in the suit. The trial Court came to the conclusion that on the interpretation of the Solenama Ext. 2 plaintiff was e......ts. Vs. Taser Ali Fakir & another.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....unt of (a) Demurrage, (b) carrying (c) security deposit and (d) interest on security money. On the refusal of the appellant to pay the amount claimed by the respondent he referred the matter to the sole Arbitrator namely, the Secretary of the Food Department for adjudication as provided in claus......t can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was further observed by the learned Judges that "no decision is called for on the other point raised by him (respondent's Counsel) with regard to the legality or ...... The award was passed in violation of the principle of natural justice." 5. Appellant contested the suit claiming that the award is not liable to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Divi......on proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
....ontract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The Court is not bound to grant such relief merely because it is lawful to do so. Specific performance of contract is not to be granted as a matter of course………….(11) ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......defendant-appelÂlants to perform their obligations within such period, the suit for specific performance cannot fail ………….(15) Decree of specific performance of the contract passed by the trial Court, affirmed by the High Court Division was confirmed with modification of granting solatiu......985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... or ignored on the plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the sam...... the filing of the suit to the date of judgment, the High Court Division held that as the award of interest fell within the discretion of the Court which was duly exercised by it, no interference was called for The order of interest at the rate of 12% during the pendency of the suit and until realis......akistan was untenable. Further, the Company along with the jute stocks and other assets and liabilities was taken over by the Government, the liability to repay the loan also passed to it. 6. The trial court, on considering the provisions of President's 1972 held that the Sonali Bank was the suc...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....sp; Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order in Civil Revision No. 682 of 1982 making the rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those o......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ted against the judgment and order in Civil Revision No. 682 of 1982 making the rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those of the trial court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd ...... Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of la..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substance………..(9) As per terms of dissolution of the partnership part of the consideration was paid to the plaintiff according to her sha...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......intiff was all along in this country but she did not get the property released and she did nothing for the partnership since the dissoluÂtion in 1967 and prayed for dismissal of the suit. 5. The trial court dismissed the suit on the finding, inter alia, that the plaintiff ceased to be a partner...........Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
.... Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show that the land has been de-requisitioned. No claim of hostile title......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......ivision. Cross-objections were filed by defendant no. 1 and defendant Nos. 3-5. On 11 August, 1982 the High Court Division dismissed the appeal and affirmed the judgment and decree of the trial court "with modification to the effect that the findings of the court below so far ...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees...Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....d. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolv......upon taking such fresh evidence as may be necesÂsary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ion (1) and (2) cannot stand in the way of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Court for disposal taking fresh evidence as may be necessary due to such amendment…………...... Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the f..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....in rule 19, that in one class of cases, examination of the process server is mandatory, and in another class of cases it is discretionary. Where the serving officer has returned the summons and has also made a declaration to the effect that he served the summons by affixation under rule 17, then, ex......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ere is a declaration by the serving officer that summons was duly served by him under rule 17 of the said Order, and whether the learned Judges of the High Court Division have correctly held that the trial Court made a declaration, under Rule. 19, that summons was duly served in this case. 2. Th......A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Santosh Kumar Chakraborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment April 25, 1984. Result: Tt..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....of Munsif, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants were hit by section 23 of the Contract Act and also for possession of the land. 3. Plaintiff's case was that the land described in sche......ed: ''Where the validity of an agreement is impeached on the ground that it is opposed to public policy under section 23 of the Act, the party setting up the plea must be called upon to prove that plea by clear and satisfactory evidence." It wa......eir dispute and in terms of the Salishnama both parties agreed to compromise by exchange of lands and accordingly litigations were withdrawn. The suit is liable to be dismissed. 5. The trial court noticed that there were "litigation between the parties” over the property ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....convicted by the Assistant Sessions Judge, Dhaka, in Sessions Case No. 76 of 1970, under section 436, read with section 34, and section 147 of the Penal Code and sentenced to 4 years rigorous imprisonment on the first count, no separate sentence having been awarded on the second count, by an ord......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......ompetent Magistrate after holding the preliminary enquiry under Chapter XVIII of the Criminal Procedure Code committed 37 persons including these respondents to the Court of Session to stand their trial for committing mischief by fire and rioting. The defence taken by the accused persons was tha......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... of prostitution till her death. So far the claim of the plaintiff that she was a daughter of Gouri Dasi the learned Subordinate Judge discarded the evidence of P.W. 2 Pari Rani Dasi who is also a prostitute on the ground that she had not seen Gouri Dasi give birth to the plaintiff, P.W. 3 ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......puted and documentary evidence is in R. S. Khatian had been adduced to show that the property belonged to Gouri Dasi. The next question was whether the plaintiff was the daughter of Gouri Dasi. The trial court presumed that Gouri Dasi was not married at all and she carried on business, of prostit......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....or preventing an injustice additional evidence is permissible for the decision of the Court. The case is remanded to the High Court Division for disposal. Cases Referred to- Parsotim Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patw......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......the appellants for their holdings which had already been separated and numbered as holding Nos. 50 and 51. Another document, Ext. C; was also proved. The miscellaneous case was allowed by the trial court on December 27, 1979. Appellants preferred First Miscellaneous Appeal. No. 105 of ...... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17, ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....arch 5, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding t......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......late Court had not given conceiving reason to the discard the evidence of the P. Ws.” This appeal being Other Appeal No. 310 of 1965 was disposed of on 15.8.70. The judgment and decree of the trial court below was again affirmed by the appellate Court below. On Second Appeal being ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe…..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....roperty. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is obliged to see that he performs his function properly and for the benefit of the......e opinion that the accounts of the Receiver must be re-checked and reopened by a qualified accountant notwithstanding that some of these accounts may have been passed by the Court after the so-called checking by Sheristader. 14. Next as has been mentioned, Rule 3 of the Order 40 enj......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. .......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody..Category: Property Law | Date: | Hits: 39
18621861186018591857185618541853185218511850184818471846184518441843184218411840