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Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....he legal tenant Mr. KA Dewan of the vendors of the petitioner. The respondent No.1 contested this Rule by filing an affidavit‑in-opposition. The learned Assistant Attorney‑General, on the other hand, submits that as the whereabouts of Mr. Selim the original owner and his son Irshad Selim, and ......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...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
.... (AD) 88, Ahmed Hossain vs. Basharat Ali, 32 DLR (AD) 54. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record-For the Appellants. SS Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record-For the Respondent No. 1. Ex parte-Respondent No. 2. C......(AD) 217, in which the doctrine" of partial pre-emption with its scope and limitation was discussed when the question raised there related to pre-emption by a contiguous land holder. It is to be noted that under section 26(F) BT Act right of pre-emption was given only to co-sharer-tenants; but ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....rlooks Annexure 'A' and 'C' series to the petition for winding up and the same is thus wholly untenable. 13. Dr. M Zahir, learned counsel for the respondent Company, on the other hand, has submitted that the Company having pleaded strenuously that it was in fact paying off the d......s of an order for winding up a company on the ground of its inability to pay its debts is always insolvency. 21. In the case of the Punjab Flying Club Limited AIR (1933) (Lahore) 301 it has been noted that "it is settled law that what the Court has to see in a case like this is whether the..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....eal. According to them, some of the appealing defendants can Lake the benefit of this enabling provision without bringing the non-appealing defendant on record. 9. On the other hand, Mr. TH Khan, learned Advocate, broadly contends that this provision of Order 41 rule 4 of the ......in 17 DLR, Dhaka 643 in the case of Mokendra Nath Vs. Susila and submitted that the High Court Division should or, at any rate, could have followed the course taken in that case. It is interesting to note that in that case which was also a first appeal, two of the defendants were not impleaded as re..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....nce that the partnership was at all dissolved, the suit is barred under section 69(2) of the partnership Act. 8. Mr. SR Pal, learned Counsel for the plaintiff‑respondents, submits on the other hand that the High Court Division has correctly considered the purpose for which the schedule proper...... 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)
....where the dead body of Abdul Hakim was kept just after the recovery. P.W. 1 said that after the recovery the dead body was kept to the south of the front of the house of Nurul Huq. PW 2, on the other hand, said that they kept the dead body to the north of the house of accused Nurul Huq. Other PWs si......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
....bank in liquidation 31st August, 1971 when Bangladesh Bank took over the charge of the affairs of the said Bank as Official Liquidator as per order of this Court dated 26th July, 1977. At the time of handing over charge Mr. Shehabullah could not hand over many of the original documents of the afores......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....Khatun Vs. Bhanu Guha & another 1986 BLD (AD) 135; Abdul Awal Khan Vs. Md. Sadu Mia & ors, 1986 BLD (AD) 156, Proboth Ranjan Shome Md. Easin, 1080 BSCR 457. Lawyers Involved: M H Khandker, Senior Advocate (AJ Mohammad Ali, Advocate with him) instructed by Sharifuddin Chaklader, A......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. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....2; A Casperz Vs. Kader Nath Sharbadhikari ILR 28 Cal 738; Afzal-Un-Nessa Vs. Abdul Karim ILR 47 Cal 1 (PC); Naba Kumar Debi Vs. Behari Lal Sen, ILR 34 Cal 902 (PC). Lawyers Involved: M H Khandker, Senior Advocate, Lutfar Rahman Mondal & A J Mohammad Ali, Advocates with him, instructe......y succession and purchase, in which the landlord acquiesced or of which he had knowledge, a Court is justified in presuming that the tenure is of a permanent nature". 13. The Privy Council noted with approval the decision in Caspersz's case in the case of Afzal-un-Nissa Vs. Abdul Kari..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....ns reported in AIR 1963 (Pat) 353 and PLD 1955 PC 185. 8. Mr. Abdur Rahman Biswas, the learned Advocate appearing for the defendant opposite party No.1 by filing a counter affidavit on the other hand submits that the learned District Judge has not committed any error of law resulting in any err......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....ul Gafur, Advocate-on-Record-For the Appellants (In Civil Appeal Nos. 13 and 14 of 1990). Khondkar Mahbubuddin Ahmed, Senior Advocate (SS Halder, Senior Advocate with him), instructed by Ranesh Chandra Maitra Advocate-on-Record-For the Appellant (In Civil Appeal No. 15 of 1990). Abdul Wad...... this Court after adjudication by the Courts below. With these words I concur with the decision given by my learned brother. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 28. ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....permanently absorbed there. This court in its revisional jurisdiction cannot reverse this finding of facts. It appears that the Bangladesh Agricultural Research Council and the Government, on the one hand, and the petitioner, on the other hand, accepted the position that the petitioner was a permane......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.
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Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....e through the papers as referred to above. In naked eyes it appears that the signatures put in on the alleged instruments of transfer dated 30.1.86 in respect of transfer of 400 shares are not in the hand of the respondent No.3. It was written by somebody else. From the above, I find substance in th......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
Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)
....o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ......of October, 1979 when the appellant pressed for payment PW 1 made a complaint to PW 2 Mr. Abdullah Chowdhury, an officer of the Bureau of Anti‑Corruption. On demand he gave to PW 2 one hundred taka note and ten taka notes for taking action in the matter. A trap was set up for the appellant. PW 3 S..Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....- Thiru John Vs. Subramanyan, AIR 1977 SC 1724; Ramji Kumar Vs. Chouduri Nar Pal Sing, 34 IA‑27; Nur Mohd. Mallik Vs. Sudhir K. Biswas, 17 DLR 15 AIR 1966 (SC), pages 405 and 605; Madhap Ram Chandra Vs. Canara Banking Corporation, AIR 1941 (Mad) 354; New Citizen Bank Vs. Asian Assurance Co. ...... Bengal Tenancy Act was regulated by the Civil PC and, therefore, an application for pre‑emption was, as it were, an application under Civil PC". Their Lordships of the Supreme Court, who took note office amendment of Articles 158 and 178, were of the view that such amendment did not alter th..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
....the Court or not. 11. Regarding the judgment of the Settlement Court we find that the Settlement Court did not give any finding as to the present allegation of forgery and cheating. On the other hand, the Settlement Court made clear observation that the petitioner Mostaque Hassan Mahmood should...... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ...... 145. 6. In reply Mr. Golam Rabbani, the learned Advocate appearing for the respondents, has contended that the instant suit is not a suit for foreclosure, redemption or for promissory note and as such the cases reported in AIR 1953 (Bom) 445 and in AIR 1958 (Rajasthan) 145 have ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....t based on evidence or no materials on record. 10. Mr. Saif Uddin Mahmud, the learned advocate appearing for the Chittagong Port Authority, respondent No. 1 in this case, on the other hand, submits that the learned Subordinate Judge rightly found the point of limitation against ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....Wazir Ali Industries Ltd. reported in 21 DLR (SC) 50. In support of his contention. Mr. Shafiqul Islam, the learned Advocate appearing on behalf of the plaintiff‑opposite parties, on the other hand, has submitted that since the petitioner purchased the suit land during the pendency of the sui......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.... the expert deserve consideration like another evidence but such evidence has to be received with great caution……………… (26) Eklas Khan and or vs Prayesh Chandra Das and or BLD 1987 (AD) 142 cited It has been held that an expert’s opinion parti......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
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