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Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....t Division on August 10, 1981. 2. Plaintiff-respondent filed Title Suit No. 6 of 1971 in the Court of 3rd Subordinate Judge Dhaka for setting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,756.25 from the respondent. His case was that he was appo......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....nd also not bad for non-joinder of the Government and the Jute Corporation. Accordingly the trial court passed a decree for Tk. 6,31,10,307.13 with interest there on at the rate of 12% per annum till realisation. 7. Appellant company preferred First Appeal No. 27 of 1981 in the High Court Divisi......spahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......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 unwillingness 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
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
.... by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent No. 2......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
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)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......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
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
...................Respondents Judgment May 31, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17. There is no prohibition in Order VI rule 17 to the realisation of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....filed Title Suit No. 12 of 1970 in the court of Subordinate Judge, Dhaka for a declaration that the order of reversion to his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the facts stated in the plaint......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... 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
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....ccused Bijoy, a neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treating and torturing his wife Usha Rani.......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
....arned Counsel contends that realisation of fine by execution of the sentence is not the duty of the appellate court and that specific provision has been made in the Code of Criminal Procedure for realisation of fine. The learned Counsel does not dispute that mere pendency of an appeal is not a g......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....85. Judgment: A.T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in a......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
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
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....given to party against whom the order under rule 7 of Order 39 of the Code is sought to be enforced. 6. The case of Padam Sen and another V. State of U.P. AIR 1961 (SC) 218 arose out of a suit for realisation of money on the basis of a promissory note alleged to have been executed by the defendan......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
.... from the beginning of the tenancy. 5. The suit land originally belonged to the maternal-grand-father of the plaintiff's son from whom the defendant took lease of the premises. A chart showing the realisation of rents by the plaintiff and her predecessor-in-interest mostly through the Karmachari ......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......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
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....-6 as his heirs. 2. Appellant instituted Mortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue as required under the provisions ......s alleged that respondent Nos. 2-6 were all in India and the mortgaged property vested in the custodian on and from 6th September 1965 in the Deputy Custodian of Enemy Property, that the loan and the mortgage deeds were all fabricated and ante-dated and that the mortgaged property bein..Category: Property Law | Date: | Hits: 70
Feroza Majid and another Vs. Jiban Biman Corporation, 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 saying 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 qualify..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ngines as agreed upon but imported second hand marine engines and construction of the vessels was not completed within the stipulated time. Respondent No. 1 filed the aforesaid application for realisation of money which the appellants had and received from the Sangstha. 6. Artic......, 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
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....has arisen is Title Suit No. 842 of 1981 in the 1st Court of Subordinate Judge, Dhaka, filed by the appellant-plaintiff. It is a suit for ejectment of a monthly tenant, namely, the Government and for realisation of arrear rent along with mesne profits. The Military Estate Officer did not enter appea...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
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