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State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....eferred any appeal and remained fugitive. Criminal Petition for Leave to Appeal No.91 of 1988 filed by the complainant is disposed of in the above terms. Ed. This Caseis also Reported in: ......g alone. 2. In order to appreciate the point as to misjoinder as aforesaid it is necessary to state the facts of the case as they have emerged after hearing the parties and perusal of papers and documents. It does not appear from the impugned judgment that the High Court Division had perceived ..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....98.7 and in default for selling out the mortgaged property being House No. 38 at Road No. 7 of the Dhanmondi Residential Area within the Dhaka City. Plaintiffs case is, inter alia, that the plaintiff bank granted the defendant petitioners a loan of money against importing fifty turbine pumps amounti......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

.... all other payments are to be included in the said terms is correct. (III) Whether in the facts and circumstances of the case the Taxes Appellate Tribunal is justified in holding that the entire bank interest payable by the assessee is allowable expenditure within the meaning of section 10(2) (......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8

Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)

.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......e face of the record in reversing the judgment and decree of the trial Court and decreeing the suit absolutely on misconception and misconstruction of the relevant provisions of law and the connected documents particularly the ekrarnama Ext. A and this has resulted in a failure of justice and as suc..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 3

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. ......t the petitioner Mr. Aftabuddin Ahmed, Proprietor M/S Kalighat Flour Mills Kalighat, Sylhet has been enjoying a cash credit facility under BSCIC Loan from that Branch against which he offered certain documents of landed property. Serial No.1 of these documents is Original Title deed comprising 9 dec..

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

Bangladesh Electrical Association Vs. Bangladesh represented by the Secretary, Ministry of Industries and others, 1992, 21 CLC (HCD)

....foreign suppliers as the local manufacturers are to pay in addition to the import duty and sale tax, other charges such as transportation, clearing, forwarding, insurance and port charge, import fee, bank interest, etc. Thus local manufacturers are at 30% disadvantageous position than the foreign bi...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 221   ..

Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3

Managing Director, Rupali Bank Limited & others Vs. Chairman, First Labour Court & others, 1992, 21 CLC (HCD)

....ch and by virtue of his continuous service he has become permanent worker with the entitlement to all the facilities available to a permanent worker of the Bank and, in fact, he has been given by the bank leave facilities, incentive bonus, festival bonus, and house rent and conveyance allowance whic......als and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 143. ..

Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6

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

....e said affidavit‑in‑opposition respondent No.1, Bangladesh Bank has stated that it does not look after the correspondences between the Bank and its clients; but the Bangladesh Bank as the Central bank had asked the schedule Banks like the Agrani Bank to submit a list of its defaulters in respect......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

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....restrained by an order of injunction restraining the Bank from non‑honouring the promises when the Bank before this court even did not deny the obligation to pay on demand as contracted upon and in banking matters of this nature the court always refrains from prohibiting any bank from honouring a ...... to the various other certificates on vessel/boat basis they appear to be same. This document had not been challenged by the Coal Controller in their affidavit in opposition to be forged or incorrect documents and we find that those documents were prepared when there was no dispute as to the size an..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

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

....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. ......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. ......2), Section 73 Whether the High Court Division acted illegally in giving the impugned direction instead of directing examination of the thumb impression of the alleged executant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impres..

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)

....and prayed for winding up the company. An affidavit‑in‑opposition has been filed on behalf of the respondent No. 15 on 12.6.90. In this affidavit the respondent No. 15 has prayed for securing the bank's debts before this Court and it remained silent to give reply to the allegations stating t......fore this Court and it remained silent to give reply to the allegations stating that these are internal matters of the Directors of the Company. 13. In this case the petitioner has filed several documents which are marked as exhibits. Apart from this he also examined 2 witnesses including himse..

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

The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)

....hey have claimed to have recognised the four accused in moon‑light. Their presence in the boat was not challenged by the defence who however gave the suggestion that there was a bamboo clump on the bank of the river which produced a shadow due to which recognition of the assailants was not possibl......r life. They are directed to surrender to their bail bonds at once failing which the Deputy Commissioner will get them arrested. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 83. ..

Category: Criminal Law | Date: 14 Nov, 1990 | Hits: 88

Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....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.......made between the Government of East Pakistan and W. PBA Selim and the property was being treated as abandoned property the respondent issued several notices upon the occupants of the house to produce documents, etc. to establish title of the original lessee and as the whereabouts of the alleged owne..

Category: Property Law | Date: 5 Nov, 1990 | Hits: 95

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....ion with all its assets and liabilities including pre‑liberation liabilities. At a meeting of he Board of Directors of the Company held on 21.9.76, the liabilities of the Company to the appellant‑bank for the period prior to the release of the Company was acknowledged. The Company had issued bal......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

MD, Bangladesh Machine Tools Factory Ltd Vs. Chairman, 2nd Labour Court & anr, 1990, 19 CLC (AD)

....on. It was not a case of no evidence at all. The petition is dismissed. Ed. This Case is also Reported in: 44 DLR (AD) 272 This Case is also Reported in: 44 DLR (AD) (1992) 272. ......s officio from November, 1981. 4. We suppose these are futile arguments as the matter seems to be concluded by findings of fact. Respondent No. 2 not only examined himself but also filed several documents in support of his case. The petitioner, however, did not examine any witness. The Labour C..

Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168

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

.... 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 ......king advantage of his frequent absence from Chittagong in connection with his business, the wily plaintiff obtained his signature on blank papers and manufactured a false partnership deed and created documents of title in their joint names, although in actual fact there was no such joint fund and th..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

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

....ence is that he, Abdul Hakim, ldris Talukder and Emdad Hawlader (respondent No.3) and one Eusuf Boyati Patuakhali by a boat on way home before Asar prayer time. He and ldris left the boat on the west bank of Jainkathi Katakhali Khal and started for home towards the south. Emdad and Abdul Hakim left ......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

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

....iled under section 61 of the Banking Companies Ordinance, 1962 by the Official Liquidator namely, Bangladesh Bank, alleging, inter alia, that "the East Bengal Commercial Bank Ltd. (in liquidation)" a banking company was incorporated in the year 1921 under the Indian Companies Act, 1913. The said Ban......the head office and branches of the said Bank for safe‑guarding the interest of the creditors. Accordingly the District Authority locked and sealed the bank along with its branches and kept all the documents and papers in the safe custody of Kotwali Police Station, Mymensingh. On 28th March, 1956 ..

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

Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)

....s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......ndent Nos. 2 and 4‑9. Fifthly, there is also no finding whether appellant No. 2 performed the formalities of the talabs and as to whether the decree can be passed in his favour as well. Lastly, two documents were executed on the same day, one for the land and another for the structures for similar..

Category: Property Law | Date: 22 Jul, 1990 | Hits: 43