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Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....he application under section 561 A and, after considering sections 439(4) and 439A of the Code, held that the application under section 561A is not maintainable as the High Court's jurisdiction is completely barred by section 439(4). In coming to look notice of some earlier decisions of the Appe......ion under section 561 A and, after considering sections 439(4) and 439A of the Code, held that the application under section 561A is not maintainable as the High Court's jurisdiction is completely barred by section 439(4). In coming to look notice of some earlier decisions of the Appellate Divis..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....o to some other forum, such as the Court, to realise interest on the award; interest pendente lite is not a matter of substantive law like interest for the period anterior to the reference; for doing complete justice; such power has always been inferred". We however will not express any view on this......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....e." 5. Leave was granted to consider whether the learned Judge acted rightly in setting aside the order dated 9.6.92 of the District Judge altogether thereby throwing the appeal of the appellants completely overboard. 6. Khandker Mahbubuddin Ahmed, learned Advocate for the appellants, firstl......ablished by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the learned Judge of the High Court Division instead of setting..Category: Procedural Law | Date: | Hits: 121
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ould not have access to the records and books of the company although the respondent No. 1 and the respondent No. 2, together were holding the majority shares of the company, but they were kept in complete darkness in respect of the management and the financial aspect of the company although the......accordance with law and whether there was any profit since its inception." 6. It is noticed that the learned Company Judge discussed the materials on record in a threadbare manner and considered the cases of the parties in the facts and circumstances of the dispute i..Category: Business or Commercial Law | Date: | Hits: 86
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....amining the question of limitation it was observed "the transfer in question, was compulsorily registerable and that being the position it cannot be doubted that the disputed transfer was not complete until registration was effected. It follows, therefore, that the pre-emptor's right to app...... Abdul Latif Sheikh and others 45 DLR (AD) 26; Noab Mian Bhuiyan vs. Golam Hossain 13 DLR 889. Lawyers Involved: AH Amin, Advocate-on-Record—For the Appellants. Nazibar Rahman, (appeared with the leave of the Court) instructed by Firoj Shah, Advocate-on-Record&md..Category: Property Law | Date: | Hits: 55
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transfer of land by out and out sale together with agreement of re-conveyance constitute complete usufructuary mortgage for a maximum period of 7 years and in that case possession shall li......n.” But arrived at a finding of fact that: “Sutorang pro: daw: no. gombo dolil je ogrokroyer dabike protihoto korar jonno mullo sunno o kagoj korabar dara sristy korsa hoiache taha bola ba promaner opekkha rakhena . pro: daw: no. gombo dolil ..Category: Property Law | Date: | Hits: 71
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....y Article 9, but not at the cost of robbing the local government institutions of their elected, hence representative character. 73. Lastly, the structure of local government was left fully and completely in the hands of Parliament. No one can claim a vested right in any particular form or in ...... declare a law void if the law provides for encouragement of prostitution and gambling. In support of this argument he has referred to certain decisions of the Indian Supreme Court, which despite the bar to judicial enforceability of directive principle, has issued appropriate directions to the Gove..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....r adjusting his loan taken from the said Bank was clearly barred. The learned counsel confined his submissions on the basis of the said two sections of the Companies Act and argued that there was a complete bar for the deposit of the share certificates under the said sections as was done in the ......ttachment. 7. It appears from the impugned judgment that the first contention raised on behalf of the appellant Bank was that section 24 of the Banking Companies Ordinance, 1962 was a clear bar to the deposit of the share certificates made by the judgment‑debtor No. 2. The learned J..Category: Business or Commercial Law | Date: | Hits: 124
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....y authority: "Work done approximately 22%. Payment recommended for 20% of quoted amount of LS Tk. 34, 00,000.00/-, Tk. 6,80,000.00. One side of section CS No. 1, 2, 3, 4, 5, 6, 7, 8, 9, is completed hearly." 9. A total sum of Tk. 6, 6......t that the execution of the formal contract was made at a subsequent point of time is irrelevant as because the parties intended before the formal contract to bind themselves into a binding contract (bargain). The intention of the parties in view of the special circumstances of the case is so eviden..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... Deputy Director (Estates), former DIT, informed respondent No. 4 on 25.1.86 that his application for transfer in favour of the appellant "has been allowed". Respondent No. 4 was asked to complete three formalities, namely, (i) the proposed transferee will have to sign an enclosed agre......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ladesh, 30 DLR 219. In that case civil Court's jurisdiction was held ousted by section 188 of the Customs Act. In a recent case, Rafiqul Alam vs. Mostafa Kamal, 42 DLR (AD) 137 this Court found complete ouster of Civil Court's jurisdiction on election disputes. It was held by this Court that ......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
....l on merit but only submitted that the appellant be exonerated in consideration of his tendering of unconditional apology in the High Court Division and also before this court. Mr. Ahmed's prayer for complete exoneration will be difficult to accommodate in view of the strong findings made by the Hig......tice will be sufficiently met if the unconditional apology of the appellant is accepted and the sentence remitted. It is ordered accordingly.
The appeal is disposed of in the aforesaid terms.
Ed...
Category: Criminal Law | Date: | Hits: 88
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... identical or nearly resembling each other with which we are not concerned in the present case. 30. The learned judge of the High Court Division, it seems, in his anxiety "to do complete adequate and substantial justice "to respondents 1-3 who "have acquired a right ......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....hat these contempt proceedings and having not found they had stated earlier in the GD Entry and giving him in his house, the police officer told the Inmates further information in detail about the complete of the house that he was required to appear before the demolition of their shops by Awlad ......ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 79
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ultiplication of proofs. Probate once ranted authenticates the Will against all the world; it affords a ready means of proof of the contents of the Will: see Ss 41 and 91, Evidence Act; and it is a complete answer by the executor to any challenge of his authority as such. The provisions of the s...... Cases Referred to- P Lakshmi Reddy Vs. L Lakshmi Reddy AIR 1957 (SC) 314; Dwijendra Narain Roy Vs. Joges Chandra De AIR 1924 Cal 600; AIR 1932 Privy Council 92, Venkata Subarnma Vs. Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. ..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... These appeals and introduction of section 6A to Act VII of 1981 57. These appeals were once heard by the Full Court of this Division on 18.6.90, 19.6.90, 20.6.90 and 21.6.90. The hearing was completed and the judgment was reserved. The then learned Attorney-General gave an assurance that ......Appellate Tribunal was validly established under the said proviso to Article 117 (2) and thus section 5 of the Administrative Tribunal Act, 1980 is not ultra vires the Constitution. Consequently, the bar of Article 102(5) applies to appellate Tribunal, because it is a tribunal to which Article 117 a..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ction 2 of that Act: (e) "transfer" means transfer by private sale, settlement, lease, sub‑letting, gift, mortgage or any contract or agreement but does not include a complete usufructuary mortgage or a mortgage to a Land Mortgage Bank registered or deemed to be ...... and cannot be whittled down on the ground of hardship. 6. The case of Mt. Goday Koowur Vs. Mi. Ladoo, 13 Moor Ind App 585 (PC), is the earliest authority of note for the proposition that a bare admission in a document, made without any consideration, that the executant has no interest in..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....lading may or may not have been an accident. Such a transfer indicates nothing more than a delivery of the goods would do. It may have accompanied a sale of the goods; or it may have been given to complete a pledge; or, again, merely to enable an agent to obtain delivery. 25. In Sewell Vs. Bur......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....urt which passes the sentence and for obvious reasons, because the records of the case are in that court which provide the basis for execution and further the executed warrant makes the said record complete. Section 400 Cr.P.C. provides thus: 400. When a sentence has been fully execu......re passed by him. 74. My learned brother ATM Afzal, J has diligently unearthed a copy of the instructions from the office of the Chief Martial Law Administrator dated 28th March, 1979, i.e. barely 10 days before the revocation of Martial Law, directing that the records of Special Martial ..Category: Constitutional Law | Date: | Hits: 365
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....re entitled to invoke the Labour Statutes against disciplinary actions taken against them 4. Mr. T.H. Khan learned Counsel for the appellant submitted that the Cooperative Societies Act, 1940 is a complete Cede by it self and the provisions of the Act and the Rules made thereunder go to show tha......med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 144
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