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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....a" for accounts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and the defendant had been carrying on business as partner of a Chinese Hotel and Restaurant in the name and style "Cafe China"......us. Plaintiff herself did not claim that she ever did anything for the partnership business since its dissolution in 1267. On the other hand, the I.D.B. took notice of her unwillingÂness to take loan which was granted to the partnership firm. The letters is dated 4.10.68 (Ext. M) and reads as f..Category: Business or Commercial Law | Date: | Hits: 114
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......cer of the Court or any other authority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness th..Category: Property Law | Date: | Hits: 47
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....y;ment or damage to the disputed property having been made or established before the Court, there is no case for the appointment of a receiver. Appellant No. 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he b......t No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plaintiff-respondent No. 1 was married in 1978 by spending Tk. 35,000/- taken on loan. Plaintiff-respondent No. 1 sold almost his entire share from the property of schedule No. 1 t..Category: Property Law | Date: | Hits: 45
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....r of accused Nos. 1, 4 and 5 and they are all members of the same family. The prosecution case is that they were known to each other and they all came from the same locality of Noakhali and presently carrying on business in Khulna. 4. The complainant stated in his comÂplaint petition that ...... in the business is a mere creditor or his partner. In the case of ex parte Delhasse 1877-78 Volume VII Law Reports page 511 it was held that though an agreement is expressed to be an agreement for a loan to a partnership under sec. 1 of Bovill's Act, and contains a declaration that the lender shall..Category: Criminal Law | Date: | Hits: 146
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ...... charge was proved." On the second ground that the Corporation failed lo undertake the improvement of water supply, the Court noticed that the Corporation could not meet the cost without raising a loan and it could not raise a loan unless it was guaranteed by the Government. In that case the Gove..Category: Election Law | Date: | Hits: 118
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....re filing of an application containing some allegation, such as failure of the company to pay its debts, is not sufficient for its admission along with publication of usual notices. Great care should be taken in admitting an application for winding up, Admission of the application follo......l as the order refusing to dismiss the application or to stay the proceedings. 3. Respondent in his application for winding-up alleged that the company, Amin Scales Limited, took from him a loan of Tk. 48. 65 lacs in two instalments, the first instalment of Tk. 13.65 lacs and the se..Category: Business or Commercial Law | Date: | Hits: 76
Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ation he stated that when the deceased went out of the shop he did not see Lalu and Kabir. 6. Medical evidence by P.W. 8 shows an incised wound all round the neck at the upper level of the cricoid cartilage which completely separated head from the body with amongst other a punctured wound on the ......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ed to explain away this Receipt saÂying that though he had granted the Receipt he did not receive any money. In his written statement he however stated that the money mentioned In the Receipt was "a loan from the Company to purchase the qualifying share therewith". If he had purchased the qualifyÂ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... two 600 DWT Cargo vessels. Estimated cost for the project is Tk. 117 lacs, Respondent No. 2 approached Dira Dockyard and Engineers Ltd. appellant No. I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, resp......, in the Court of District Judge, Dhaka against the appellants and respondent Nos. 2-5 stating that on the prayer of Tapashee Snipping Lines Ltd. (respondent No. 2), respondent No.1 sanctioned the loan of Tk. 700000/-on 31st March 1980 in favour of respondent No. 2 for acquisition of two 600 DWT..Category: Business or Commercial Law | Date: | Hits: 100
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ra’s death in 1935 Amir Ali married Zohura Khatun in 1935 who later died in 1966. On the averments stated above the suit was brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... miscellaneous case and the title suit should be heard together. The learned Counsel further submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanc..Category: Banking Law | Date: | Hits: 121
Bangladesh Enemy Property ManageÂment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....uance of enemy provisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the respondent was that he was carrying on the business of manufacturing glass, phiales etc. at Dacca under the name and style of "....... M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid by allotting to him 230 shares of Taka 100/- each and subsequently in ..Category: Property Law | Date: | Hits: 125
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......khali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand..Category: Business or Commercial Law | Date: | Hits: 101
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ment to validate an action taken earlier under the invalid law. It is to be observed that it is a settled principle of interpretation taut the power of legislature to validate an invalid legislation carries with it the ancillary power of validation of executive orders or actions, but like the valid...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......t of guarantee against it; (ii) expenditure for which no previous sanction exists in the budget; (iii) levy of taxes, duties, cesses of fees; (iv) floatation of loan; (v) re-appropriation between major heads within budget grants; (vi) alter..Category: Others | Date: | Hits: 116
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... 3. The case has got a chequered history, case of respondent No. 1 Rahimuddin Ahmed is that his elder brother Alauddin Ahmed and his late father Shamsuddin Ahmed hid a partner-ship firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahm......ent to Tk. 2,40,65,816/40 at the conversion rate prevailing on 31-12-80 and that respondent No. 2 might be allowed to enforce the securities as provided in law and realise its dues against the loan given to the appellant company. Leave was granted to the appellants to examine th..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ome baseless charges, it is alleged. In the first proceeding, the allegation revealed that he prevented Mr. Alvi, Assistant Manager, from leaving the office for his house and had also prevented his car from moving any further than where he had stopped it. In the second one, it was alleged th......quot; used in the second part of the definition of 'worker' or 'workman’ and section 43 of the I.R.O. Observed as follows. "As section 34 does not include any reference loan industrial dispute, it cannot, therefore, be said to have prescribed the manner of ..Category: Labour and Industrial Law | Date: | Hits: 91
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ...... Thereafter the learned Judges reached the following conclusion:— "In fact, we find that the evidence on record makes it very doubtful whether a sum of Rs. 1,300/- actually represented a loan given to the late Mr. Rahman Ghani or whether it was not the balance due in respect of the unp..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....the locality. By her death the plaintiffs had lost all charms and desires and all hopes of their lives had vanished and they had no heart left in either managing their business or their properties or carrying on their house-hold avocations. 4. It may be mentioned here that the plaintiff, who are...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124