Search Options
Judgment Advanced Search
Displaying 941-960 of 4879 results.
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
.... and 29.7.81 respectively, passed by the Subordinate Judge, Manikganj, in Title Suit No.125 of 1981, dismissing the suit on contest. 2. The short facts leading to the Rule are: The opposite parties as plaintiff instituted a suit for specific performance of contract with a prayer for execut......ased on the evidence of both the parties. The learned trial Court found that necessary ingredients to the contract for sale of the suit land are lacking in the suit. On the point of place of contract payment of the consideration money and the delivery of possession of the cultivable portion of the l......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....aya Samity Ltd. had never taken lease of the fishery in question; that after expiry of the previous lease the fishery in question was put to auction for several times but no fishermen society came to participate in the auction, that the respondent No.5 had filed an application to respondent No.4 lon......ent of the Jalmahal by the petitioner and directed that the said Jalmahal should be put on auction. As the petitioner had taken delivery of possession of the fishery in question (Annexure ‘D’) on payment of initial payment of rent of Tk. 18,750.00 on 13.2.89 as per Duplicate Carbon Receipt (Anne......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....of the Coal Controller is beyond the power and done in violation of the contract and mala fide, could be a matter for arbitration reference. The law in this regard is also well settled that when parties to building construction or supply of goods and the like designate a person to be authorised......he Coal Controller that opposite party No. 1, namely Ventura Industries Limited did not fulfil the condition of the contract in the nature of supply of coal and, as such, the Coal Controller demanded payment of damages which the supplier failed to comply with and thereupon the Coal Controller demand...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....quently an additional loan of Taka 3,00,000.00 was also sanctioned. The petitioner company provided 50% of the total investments as equity as per terms of the sanction letters and the Mill was put to partial operation in October, 1970. During the War of Liberation of Bangladesh the mill was badly da...... located in erstwhile East Pakistan, the Government of Germany converted the loan into grant. The said Bank has been renamed as Bangladesh Shilpa Bank after liberation of Bangladesh. The Company made payment of Tk. 21,69,125.36 against the foreign currency loan against Tk. 15,29,566.60 advanced by t......ner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan of Taka 3,50,000...Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.... the plaint must be taken as admitted unless denied or stated to be not admitted in the pleading of the defendant, and where there is no pleading of the defendant, there can be non‑admission on his part and he is bound by all the allegations in the plaint. Being in respectful agreement with the af......inuous possession in the disputed land. On the death of Abdur Rahim Sarker plaintiffs Nos.1‑10 and plaintiff No.11 have been possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recor......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... any profit and loss nor any dividend were shown given to the petitioner and other……………...... (32) Partners entitled to know share transfer, accounts In a partnership if a share is transfered fraudulently and if the accounts of profit and loss had not bee...... 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. ...... of the audited balance sheet had been supplied to the petitioner or any other Directors and the Registrar of Joint Stock Company. For the business of the company the said Managing Director had taken loan of about Tk. 30,00,000/‑ from Islami Bank respondent No. 15 but cannot repay the aforesaid de..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
State Vs. Md. Shafiqul Islam alias Rafique and another, 1990, 19 CLC (AD)
.... is allowed. The Evidence Act, 1872 (I of 1872), Section 3 Circumstantial evidence In a wife‑killing case, from its very nature, there could be no eye‑witness of the occurrence, apart from the inmates of the house who may refuse to tell the truth. The neighbours may not also com......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. ......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. ..Category: Criminal Law | Date: 12 Dec, 1990 | Hits: 104
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....be termed a reduction in rank. The post of an IPO is a promotion post. There could not be any promotion to the post of IPO without appearing successfully in the competitive examination of the Department. Any order of reversion after an incumbent's appointment' to a higher post and cont......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. ......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. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....an unspecified share of an undivided plot of land and there being no evidence that the donor thereof was in exclusive possession at any time, the present suit is not maintainable without a prayer for partition. Lawyers Involved: N H Khandkar, Advocate-on-Record-For the Appellant. SR......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. ......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
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
.... Mahmudul Islam, Advocate, instructed by Sand Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 47 of 1986. (From the judgment and o......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....lopment by an order dated October 2, 1975 (Annexure E-6 to this petition) stated that the house in question cannot be treated as an abandoned property and as Nasiruddin was a pension holder and never parted with the administration and supervision of his property a direction to maintain status quo in......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.......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)
....r 1, 1990. Result: The Appeal is dismissed. The State Acquisition and Tenancy Act, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, trans......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. ......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. ..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumder and others, 1990, 19 CLC (AD)
....Abu Sayed Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-3. Dead. substitution exempted vide order dated 4.3.87 -Respondent No. 14. Ex parte - Respondent Nos.4-13 & 15. Civil Appeal No.58 of 1985. (From the judgment and...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ...... on a different ground, as stated above. In the result, the appeal is dismissed without, however, any cost. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 60. ..Category: Others | Date: 29 Aug, 1990 | Hits: 115
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
.... Company is thus liable to suffer liquidation and that it is also just and equitable that the company should be wound up. 3. The Company opposed the petition by filing an affidavit-in-opposition partly denying the allegations of the appellant and contending, inter alia, that their project havin......the claims made by the bank vide Annexure 'A' and 'C' series to the petition for winding up. There is no finding either by the learned Company judge or by the appellate Court that any payment was ever made by the Company in liquidation of its debts to the appellant bank. No credibili......‘in-opposition on 19.11.86 stating that the title deeds of land measuring 13 bighas in Kashimpur mouza were deposited with Agrani Bank, Local Office, Motijheel as collateral security against the loan given to the Company. It was their further case that the present value of the said 13 bighas of..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
A Gafur alias Haji Abdul Gafur & others Vs. Jogesh Chandra Roy and another, 1990, 19 CLC (AD)
....on 537 of Cr. Pc cannot cure such omission. Lawyers Involved: KZ Alam, Advocate, Supreme Court, instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellants. Ex parte‑the Respondents. Criminal Appeal No.14 of 1986. (From the judgment and order dat......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ......ted that the accused be examined under s. 342 Cr.P.C. by the Trial Court and thereupon the case be disposed of according to law. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 62. ..Category: Criminal Law | Date: 27 Aug, 1990 | Hits: 76
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....provision of rule 4 of Order 41 only authorises one of the several plaintiffs or defendants to prefer appeal. But the appeal which was incompetent at its inception for omission to implead a necessary party would remain incompetent till the end of it, unless otherwise during the pendency of the appea......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....ar confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing any inference from the testimo......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ......eal is dismissed with the modification of sentence, that is, the sentence of death is altered to that of imprisonment for life. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 25. ..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
....ovable town and country properties of Schedules 1Ka, 2, 3 and 5 of the plaint, standing jointly in the names of the predecessors of the defendant‑appellants and plaintiff‑respondents, are in fact partnership properties or personal properties of both The plaintiff made positive statements in......13. The learned Subordinate Judge held that there was no evidence of any joint fund and no witness has testified to the same. The plaintiff has made out a third case in his evidence in respect of the payment of consideration money, because there is no paper to show that there was ever any accounting...... 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)
....vocate-on-Record-For the Appellant. Mainul Hosein, Advocate, Joinal Abedin, Advocate, with him instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents Nos. 1 and 3-4. Ex‑parte ‑ Respondent No.2. Criminal Appeal No. 30 of 1986. (From the Judgment and Order ......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. ......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
Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....y necessity to condone the delay when defendant was prevented from information about the date of hearing due to the mistake or default of the court or its officers When an injury is caused to a party due to any mistake or default committed by a court or its officers there are high authorities ......r, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order dated 18.7.84 allowed the Misc. Case No. 937 of 1981 and restored the suit to its file and number subject to payment of a compensatory cost of Tk. 300.00 by the respondent to the petitioner. This order has bee......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
72364987899450659057504617571778175517534990176617861784142917831739177117421746