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....petition.
10. It appears that the agreement was executed on 20.11.70 and on the basis of that agreement a decree was passed for specific performance of contract and a deed of sale was executed and registered through Court in execution of the said decree. It further appears that the Secretary, Min......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... sake that the petitioner enjoys exemption from obtaining licence for possession of arms and ammunition of all categories seized from his possession he cannot avoid the liability of getting) the arms registered with the authority prescribed as per column 3 of the Notification No. 896‑Sec‑(II), 1......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......hellip;…...Opposite Party. Judgment February 14, 1991. Result: The Rule is discharged and the stay order granted earlier is vacated. Cases Referred to- 28 DLR (AD) 38, 31 DLR (AD) 69, 34 DLR (AD) 387, 38 DLR 390 and 35 DLR (AD) 100; 38 DLR (AD) 95, 31 DLR (AD)..Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
....ullah, the maternal grandfather of victim girl Sumati Begum filed an application before the Sessions Judge, Moulvibazar for giving victim girl Sumati Begum to his custody and the said application was registered as Misc. case No.111 of 1989. Victim girl Sumati Begum also filed an application before t...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ad case the court while answering this point found that the application under section 41(b) was moved not in a suit but it was an application un section 41 of the Act as a separate proceeding and was registered as a Miscellaneous Case. Sub‑clause (b) of section 41 of the Act read with the Second S......ontroller that an arbitration proceeding commences only on the arbitrator getting the authority to arbitrate and according to that view the applicability of section 41 of the Arbitration Act would be postponed till the court appoints an arbitrator under section 20 of the Act and the court after cons...... would not suffer any irreparable loss or injury. ……………..(35-41) Cases Referred to- Coal Controller, Directorate of Coal, Government of Bangladesh;33 DLR (AD) 298; Mehla Teja Singh and Co. Vs. Fertilizer Corporation of India and another, reported in AIR 1..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. ......ok forcible possession of the Mill of the Company and compelled the petitioner to write some letters and to sign an agreement dated 13.10.86 admitting liability of Tk. 142,97,000/00 and obtained some post‑dated cheques and a pay order by coercive method and undue influence for unlocking the Mill. ...... 3, 1991. Cases Referred to- Shaheda Masood Vohra Vs. The State and others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Bangladesh, Ministry of Health and Population Control aid others, 33 DLR (AD) page 201. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Abdu..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)
....mittedly owned by Profulla Chandra Roy Chowdhury and others under a written contract. In between 1.9.1986 to 11.4.1987 the owners transferred the suit premises to the plaintiff respondents by 31 registered kabalas for valuable consideration. By separate registered notices of attornment dated 22......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. ......ngali does not arise 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. ..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)
....nd in Ext. 9 namely, the share script dated 28.7.84. Ext E is the minutes of the meetings of the Board of Directors held on 29th August, 1988 under the Chairmanship of Alhaj Abdul Malek Mollah at the registered office of the company which continued up to 30th August, 1999. Ext. F is list of sharehol...... 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. ......e dividend, preparation of balance sheet and holding of annual general meeting and Board meeting of the company……………....(35) Cases Referred to- BLD 1981 (AD) 435; 34 DLR (AD) 47. Lawyers Involved: M Zahir with Md. Firoz Shah and FKMA Mahbub, ..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
....espondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ......with the local Police Station giving a false information that Meher committed suicide the police came to the spot and held inquest on the dead body of Meher and forwarded the same to Pabna Morgue for post-mortem examination. P.W.1 went to the Police Station on 22nd March, 1982 for lodging informatio......nment for life. Respondent No. 1 is directed to surrender to his hail bond. The trial court should report compliance of this order to this Court. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 92. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ...... Judgment November 27, 1990. Result: The appeal is allowed. Constitution of Bangladesh, 1972; Article 135 Whether the impugn reversion to the respondent's substantive post after his acting in a higher post can be termed a reduction in rank. The post of an IPO i......njoying all the emoluments and other benefits must fail. Cases Referred to- Anwarul Huq Khan Vs. Govt. of Bangladesh & ors. 31 DLR 21; Govt. of Bangladesh Vs. Md. Ismail Hossain 31 DLR (AD) 127; Hartwell Prescott Singh Vs. The Uttar Pradesh Govt. & ors. AIR 1953 (SC) 886; Parshotam..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....the pendency of the said execution case defendant No.10 had gifted to him on the 2nd Sravan, 1375 BS, corresponding to 18‑7‑68 her undivided share of 6 pie i.e., the suit 20 decimals of land by a registered hiba‑bil‑ewaz. His donor was in exclusive possession thereof and she inducted him int......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ......ve possession at any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
The State Vs. Ashraf Ali alias Ashraf & another, 1990, 19 CLC (AD)
....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. ......orily proved by P.Ws.2 to 4 and others, and there is also no dispute about it. P.W.12, Inspector of Police, deposed that he recovered the dead body of the Chairman and P.W.14, Assistant Surgeon, held post mortem examination thereon, identified by PW 5 and others and gave evidence that the death of d......o imprisonment for 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)
....was the original owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commi......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.......ent, Secretariat Building, Dhaka and another..................Respondents Judgment November 5, 1990. Cases Referred to- M/s. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani 40 DLR (AD) 177. Lawyers Involved: ..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....om Misc. Case No.159 of 1965 in the 2nd Court of Munsif, Satkania. It was filed by the pre-emptor-respondent claiming pre-emption of 4 out of 5 schedules of land transferred to the appellants under a registered kabala dated 30 September 1965 by his co‑sharer, respondent No. 2. Objection was raised......n, as allowed by the High Court Division, is found to have been rightly allowed. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ......23, Diam Hossain Vs. Haran Das, 13 MR, 283, Mosammat Asimon Nessa vs. Md. Akbar Ali Sheikh and others, 19 DLR 659, Tamizuddin Vs. Guljan Bibi, 26 DLR P 93, Haji Tozzamol Ali Vs. Abdus Satter, 34 DLR (AD) 217, Akhterunnessa vs. Habibullah, 31 DLR (AD) 88, Ahmed Hossain vs. Basharat Ali, 32 DLR (AD) 5..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....oresaid application before the Company Judge on 1.11.1982 being Matter No. 29 of 1982 for winding up of the respondent No.1 Company alleging, inter alia, that it is Private Limited Company having its registered office at 82, Motijheel Commercial Area and factory at Fatullah, Dhaka and that the Compa......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. ......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)
....Court Division also found that some of the Exhibits, if not all, definitely show that respondent No. 2 was the General Secretary of the Bangladesh Machine Tools Factory Sramajibi Union, that it was a registered trade union and that in the capacity of the General Secretary, Respondent No. 2 had deali......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. ......act made by the Labour Court could not be upset in the writ jurisdiction. 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. ..Category: Labour and Industrial Law | Date: 16 Aug, 1990 | Hits: 168
Abul Kashem @ Kashem Vs. State, 1990, 19 CLC (HCD)
....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. ......ant Sessions Judge and Special Tribunal, Narayanganj in Special Tribunal Case No. 1 of 1987. 2. The prosecution case as given by informant Mahibul Islam constable No. 605 at Tan Bazar Police out‑post is that on 8.10.86 he along with constable No. 769 Md. Shamsul Alam (PW 2) and others went out ......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)
.... the assessment of income tax along with a copy thereof. The defendant No. 1 deceitfully took back the original deed from the Income-tax office and kept the same in hiding. The said original deed was registered under section 26A of the Income-tax Act. A duplicate copy of the original deed executed b...... 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 ......the negative. For 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)
....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. ...... came to the locality and took up investigation of the case. He held inquest on the dead body of Abdul Hakim on the identification of the informant and others and sent the dead body to Patuakhali for post mortem examination through constable P.W.14. On completion of investigation P.W.15 submitted ch......parate sentence under 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)
.... 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. ...... prosecution witnesses were official witnesses. Out of 14 local witnesses only 4 witnesses were examined by the prosecution of whom P.Ws. 2, 3 and 5 were declared hostile. PW 4 is the doctor who held post-mortem examination on the dead body of the deceased Abdul Aziz. He found one punctured wound 1&......ision, its 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
....ed that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid and 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 ho......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.
......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
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