Search Options
Judgment Advanced Search
Displaying 601-620 of 3456 results.
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings an......ich was paid in a lump for all the holdings together cannot be split up for the purpose of deposit at the time of filing of the application; and the other was that the "single transaction" covering all the holdings cannot be split up by pick and choose to suit the pre-emptor's purpose ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... of the facts and principles of law relating to such proceeding. 12. Mr. M Nurullah, learned counsel for the appellant, has submitted that the learned Judges of the Appellate Court were wrong in holding that a "bonafide dispute over the claims of the petitioner Bank very much exists in the......ice Branch of the appellant since pre-liberation days and enjoyed cash credit facilities by hypothecation and pledge of goods. After the liberation of the country the factory of the Company was taken over by the Government and placed under respondent No. 3, the Bangladesh Chemical Industries Corpora..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
.... as the case may be, has not been impleaded in the appeal at all and is not before the appellate Court." 14. Thus, the learned Judges of the High Court Division were perfectly correct in holding that ale appeal before the High Court Division was incompetent and not maintainable in law. ......appeal, even if the necessary parties are not before it. The provisions of this rule do not, therefore, indicate that any abatement that occurs on the death of one of the appellants can be ignored or overlooked or even set aside. It d be wholly wrong to think that the would provisions of rule 4 of O..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....e that the partnership was dissolved the suit is barred under section 69(2) and section 46 of the Partnership Act. 5. On appeal the High Court Division reversed the finding of the Trial Court by holding, first, that the plaintiff has proved that he and defendant No.1 were partners in the firmâ€......r is not a partnership property would depend upon the intention of the partners as the second paragraph of section 14 specifically lays down. Evidence is admissible to show that a contrary intention governed the transaction. The contrary intention may justifiably be gathered by (a) the purpose for w..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....order and disallowed the application for addition of parties. 5. Leave was granted to consider whether the High Court Division committed any error in reversing the decision of the trial Court by holding that the appellants are not necessary parties and consequently disallowing the application f......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....titioners, seeking leave to appeal from the aforesaid order of the High Court Division, submitted that the learned Subordinate Judge as also the High Court Division committed substantial error in not holding that the application under Order 9 rule 9 CPC having been filed beyond 30 days of the impugn......uestion regarding the power of a Court to correct its own mistake observed as follows- "I think, the true view is, as stated by the Lord Justice Cotton, that every Court has inherent power over its own records so long as these records are within its power and that it can set right any mis..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Kazi Abdul Jalil Vs. Jashim Munshi and another, 1990, 19 CLC (AD)
....l report on 13 November 1982; the Sub-divisional Magistrate, however, did not accept the report and, by an order dated 24 November 1982, directed further investigation into the case. The Police after holding further investigation submitted charge-sheet against the accused on 11 November 1983 under s......9;s contention is that since the investigation was pending at the time of coming into force of Ordinance No. XXIV of 1982 the Transitory Provisions laid down in section 35(d) of this Ordinance shall govern this investigation and that these Transitory Provisions as to conclusion of an investigation w..Category: Criminal Law | Date: 6 Aug, 1990 | Hits: 50
....nd Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). The property in dispute comprises holding Nos. 5 and 6, Machua Bazer, Mymensingh as described in the schedule of the plaint. It is sui......n liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Bank with all its branches suspended, its functions in August, 1948 and in 1949 the Government advised the District Magistrate, Mymensingh, to lock and seal the head office and branches..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Abdur Rahman Mondal and others Vs. State, 1990, 19 CLC (AD)
....separate sentence was passed for their conviction under sections 447/427 of the Penal Code. 3. The prosecution case is that 0.05 acres of land of plot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nur......lot No. 702 of Rajarbag mouza appertaining to holding No. 99/C, Purba Bashabo Dhaka has been in the possession of the informant PW 1 Major AKM Nurul Alam who obtained lease of the said land from the Government in 1978 and has been possessing the same for 17 years on erecting a tin hut thereon. On 9...Category: Criminal Law | Date: 23 Jul, 1990 | Hits: 52
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....aintiff-respondent's title to the suit land. It was their case that Giribala Baishnabi was a tenant-at-will and she had no transferable and heritable fight. On the death of Giribala the municipal holding became khas of the Dangapara estate. Thereafter all the transfers by Giribala's successo......d restoring those of the learned Munsif, Rajshahi Sadar dated 25.8.70 in Title Suit No.59 of 1967, decreeing the suit. 2. The plaintiff-respondent filed the suit for declaration of title and recovery of khas possession of the suit land against appellant No. 1 and the predecessor-in-interest of..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....riod of limitation plaintiff’s subsequent knowledge within the period of limitation is not material. Hence the High Court Division did not commit any error apparent on the face of the record in holding that the suit was barred by limitation to justify review of the same. Case Referred to-......cate for the petitioner, has submitted with reference to the reliefs prayed for in suit (quoted above) that the suit being clearly a suit for declaration that the impugned document was void which is governed under section 42 of the Specific Relief Act and further relief as to delivery and cancellati..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....roduction. In a case where a private limited company is a family company it is not at all necessary to produce the script. Here in this case the respondent no 3, brother of respondent no. 2, was holding the aforesaid 1300 shares. It is not at all necessary to produce the same before the respond......nfirmity in making such an oral gift under Mohammedan Law. The respondent No.2 has no locus standi to say that it is not a valid gift. He is not aggrieved in any manner whatsoever by such a gift. Moreover, after making the aforesaid gift on 10th April, 1986, on the same day the respondent No.3 infor..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....e public, in whom such behaviour might be excused or even regarded as fitting, but it cannot possibly be otherwise than harmful to the mentality and judicial capacity of a magistrate or other persons holding judicial office, and it would necessarily be injurious to the position of the judiciary as a......he Court may accept the evidence of the trap witnesses. In the instant case the trial Court as well as the Appellate Court unhesitatingly accepted the prosecution evidence as to the acceptance and recovery of the bribe - There is no evidence on record to show that the witnesses were inimical towards..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....7 of 1985). Judgment Shahabuddin Ahmed CJ.- These six appeals by special leave are directed against a common judgment of a Division Bench of the High Court Division, dated 23 April 1986, upholding an order of the Company Judge, dated 28 March 1985, directing rectification of the Share Reg......ompanies Act Applications under Art. 181 are restricted to applications under the Civil Procedure Code and that the application for rectification of a share‑register under s. 38 is left to be governed by the general principle that it shall be filed within a reasonable time and not after inord..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....esult: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an impl...... The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant with the assent of the landlord creates an implied cont..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....... (3)
The Election Commission has been vested with the power to organise, hold and conduct the election of Chairman in accordance with the law and the rules. When a dispute arises as to fairly holding and conducting election or when due to circumstances its order of recounting is frustrated t...... Jurisdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Abdur Rouf Mia................................Petitioner
Vs.
The Ministry of Local Government, Rural Development and Co‑operatives and others .................Respondents
J..
Category: Election Law | Date: 24 May, 1990 | Hits: 101
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....red by limitation and bad for defect of parties, that she purchased the land with the knowledge of the pre‑emptor and, further, that by virtue of a subsequent purchase of another plot from the same holding on 23rd March, 1979 she became a co-sharer of the vendor. 4. The Trial Court allowed th...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
.... was further stated that the petitioner also could not trace out the records of the case and file the application in time. The learned Munsif, however, by the irnpugned order rejected the application holding that it was barred by limitation. 5. The learned Advocate for the petitioner submits fi......ion filed under Order 9 rule 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting aside the decrees dismissing the suit to its file and number. The petitioner instituted the suit for recovery of Tk. 9,023.00 with interest at the rate of 20% per annum together with cost. The opposite pa..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
.... the present‑petitioner named Afazuddin for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and...... they came to a concurrent finding that notice was duly served on defendant‑petitioner. This concurrent finding is immune from interference in the revisional jurisdiction. 12. Now, let me pass over to consider question how far plaintiff opposite party succeeded in proving the bona fide requir..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....he learned Advocate appearing for the petitioner submits that the learned Munsif misread the evidence on record and arrived at erroneous decision that the learned Munsif committed error in law in not holding that the plaintiff failed to prove their alleged settlement of land. It is further submitted......2. Facts giving rise to this Rule may briefly be Opposite party Nos.1 and 2 as plaintiffs filed OC Suit No. 32 of 1986 in the 1st Court of Munsif, Prbadhala, Netrokona for declaration of title and recovery of possession of the land described in the schedule of the plaint contending, inter alia, that..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
17661784178317711765174617685242173517451733503117281741172950101731899650245027