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Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....r money safe, steel almirah and their keys were not reaching the Branch; so the key register was not opened or maintained at the relevant time. On 12.7.66 the defendant Nos. I and 3 to start with the business of the day opened the lock of the cover door and grill door and then locks of the steel alm......; Co. & 2 others, PLD 1958 Kar. 510; Md. Ibrahim Vs. Md. Alauddin and others, 27 DLR 413; Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 38 DLR 39. Lawyers Involved: BK Das, Advocate ‑ For the Appellant, SH Md. Nurul Huda Jaigirdar, Advocate ‑ For the Respondent No. 1. Appeal f......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......es. Judgment May 15, 1990 Case Referred to- Md. Shahabuddin Vs. Janata Bank & others, 41 DLR 94. Lawyers Involved: Hemayetuddin Ahmed with Md. Shahjahan Howlader, Advocates ‑For the Petitioner. Tapan Kumar Chakraborty, Advocate ‑ For the Opposite Party No. 1. Civil R......y. Section 2(a) of the Act defines statutory public authority as an authority, Corporate body specified in the Schedule of the Act. Rupali Bank under which opposite party No. 1 had been serving was incorporated in the said Schedule on 25.9.84. As a result, matters relating to the terms and condition......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Habibullah Chowdhury (Md.) Vs. Rajdhani Unnayan Kartipakhho and another, 1990, 19 CLC (HCD)
....d of no legal effect. 2. The petitioner, one of the proprietors of M/s. Nowab Timbers of 499 Purba Monipuripara, Senpara, Rokeya Sharani, Dhaka claims to have been running his timber and saw mills business there after obtaining trade licence etc. from appropriate authorities. While carrying on th...................................Petitioner Vs. Rajdhani Unnayan Kartipakhho and another ..............Respondents. Judgment August 30, 1990. Lawyers Involved: MG Bhuiyan, Advocate ‑ For the Petitioner. Ziaur Rahman Khan, Advocate ‑ For the Respondents. Writ Petition No. 524 ...... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187....... to costs and the order of stay passed by this Court is vacated. Let a copy of the judgment be served on the respondents for future guidance. Ed. This Case is also Reported in: 43 DLR (1991) 187...Category: Property Law | Date: | Hits: 77
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....es and their witnesses reside in Dhaka and the cause of action of both the Money Suits for alleged breach of contract dated 18.03.2002 arose in Dhaka and both the parties voluntarily reside, carry on business and personally work for gain in Dhaka and the present petitioner as the complainant filed a......……………Respondent Judgment March 21, 2010. Cases Referred To- Integrated Services Limited and others Vs. Khaleda Rahman and others, 5 BLC (AD) 69, Abdul Latif Chowdhury Vs. Md. Noor Hossain and others, 2 MLR (AD) 298; Indian Overseas Bank, Madras Vs. Chemical Construction Co. an......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
....he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......overnment of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General of Food) giving rise to CPSIA No. 64 of 1990; Myers Vs. Bethlehem Corporation (1938) 303 ......he case does not involve at this stage any substantial question of law as to the interpretation of the Constitution. The prayer is rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 131. ......lieu of illegal gratification he compelled his subordinate officer ASP Nazrul to submit final report in that case, that the supporters of Awami League killed Anju, Jinnah and Latif and hid their dead bodies regarding which deceased Jinnah's father informed the Gopalpur PS where GD Entry No. 486 date..
Category: Employment/Service Law | Date: | Hits: 79
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....intiff and took possession giving Tk. 450/‑ as six months' advance rent. The defendants are irregular in payment of rent and they became defaulters. The suit premises is required for plaintiffs own business and the plaintiff served notice under section 106 of the Transfer of Property Act upon the ...... Khatoon, 22 DLR 444, Santosh Lala Ghope Vs. Ahmed Ali, 25 DLR 142; 22 DLR 444; 6 DLR 588, AIR 1916 (Patna) 31, AIR 1933 (Patna) 31; AIR 1930 (Bombay) 30; AIR 1938 (Rangoon) 35; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 33 DLR (AD) 55. Lawyers Involved: Abdur Rahim, Adv......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ...... Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 43; Islami Bank Bangladesh Vs. Md. Shaf......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......e of the proceedings. The judgment-debtor did not avail any of the privileges provided in the Ain, 2003. A privilege is a special right reserved to an individual person or a limited class of persons, bodies or institutions. But this privilege is lost once they infringe it or abandon it voluntarily. ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......pecial Original Jurisdiction) Present Naimuddin Ahmed J Mohammad Gholam Rabbani J Bakth Bibi……………….Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of Bangladesh and others………………..Respondents Judgment October 28, ......or under the control of the Government under of any law for the time being in force. Explanation.- "Person who is not present in Bangladesh" includes anybody of persons or company constituted or incorporated in & territory or under the laws of a State which at any time after the 25th day of M......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....inant making some promises therein and to repay the amount whenever demanded but contrary to such promise and in spite of repeated demands he finally refused to pay the amount. The complainant had no business transaction with the accused nor he is in money lending business. Being induced by the peti......ther…………………..Opposite Parties Judgment January 6, 1993. Cases Referred to- Md. Shahjahan Vs. Haji Yeakub Ali, 31 DLR, 63; Abdur Rahim Vs. Begum A. Murshed, 34 DLR, 320; Emperor Vs. Debendra Prosad, 13 CWN 728; Prithiraj Bacha @ Prithirq Bacha Vs. The State, 10 DLR 325; Mese......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
....Paper Mills Limited, Chatak, Sunamgonj giving the provisional work order in favour of respondent No.6 Mr. MA Momit (Asuk) Annexure ‘N’.
2. It is the case of the petitioner that he is doing his business with Sylhet Pulp and Paper Mills Limited for quite some time. The said Mills published a te...... Division
(Special Original Jurisdiction)
Present:
Anwarul Haque Choudhury J
KM Hasan J
Shafiq Ahmed………………Petitioner
Vs.
Chairman, Bangladesh Chemical Industries Corporation and others……..........Respondent
Judgment
October 28, 1992.
Cases Referred......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
..
Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....nt of the tenants under tenant Syed Ahmed. He continued to argue that as the petitioners have been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are necessary parties to the suit and their presence would be necessary for proper adj......ul Absar Chowdhury and others…….........Petitioners Vs. Haji Abdul Hoque Sowdagar.......................Opposite Parties. Judgment August 16, 1990. Cases Referred to- Messrs Importers and Manufacturers Ltd. Vs. Pheroze Fraturoze Taraporewala and others, 1953 (SC) 73; Tajabunne......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....m usually made in that arbitration is quicker, cheaper, more expert and more private than litigation…………..If you are in the wrong and want to gain time, insist upon the best Arbitrator in the business”. The reasons for which I am driven to quote the aforesaid passage are; that this case ha......urt High Court Division (Civil Appellate Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Adamjee Sons Limited................Appellant. Vs. Jiban Bima Corporation............Respondents Judgment August 3, 1992. Cases Referred To- LIGH Arif......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ...... of the Government to see. I also hope that none of the two agencies of the Government should further drag the matter and stop drainage of public money which should be jealously guarded by the public bodies like the present one. In view of my discussion, I am led to hold that the appeal must fail..Category: Alternative Dispute Resolution | Date: | Hits: 174
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....tment from the sale proceeds, if it would be allowed to sell schedule-A property through private negotiation and enhance the sale proceeds. The petitioner further stated that due to incurring loss in business, it was not in a position to pay the decretal amount with interest thereon in cash. 4. T........Petitioner Vs. Bangladesh and others…………………………..Respondents Judgment January 6, 2011. Lawyers Involved: Shah Md. Munir Sharif with Md. Sohel Rana, Advocates-For the Petitioner. Ali Mostafa Khan with Ms.Nahid Sultana, Advocates-For the Respondent. Writ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....the condition of profit as laid down in section 10(2)(X) should not be deemed to have been amply satisfied. We will thus conclude that bonuses as in the cases of the appellant‑company are allowable business expenditure within the meaning of section 10(2) of the Act and they shall be allowed as suc......peal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
.... opposite party to defend himself, fixing 13.3.91 at 4‑15 PM for hearing. It appears from the postal receipt that notice has been duly sent to the opposite party by registered post in due course of business well in advance intimating the opposite party about the hearing of the case today at 4‑15......hmed, Advocate…………..Petitioner Vs. Chairman, Bangladesh Bar Council and others ..... Respondents Judgment April 30, 1991. Lawyers Involved: Majiruddin Ahmed, Advocate ‑ For the petitioner in person. AY Mashihuzzaman, Advocate ‑ For the respondent No.1. Writ Peti......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35...Category: Employment/Service Law | Date: | Hits: 94
Abdul Jalil Vs. Chairman, Rural Electrification Development Board and others, 1992, 21 CLC (HCD)
....r to deprive him from acting as contractor the respondent Board took the impugned decision to the effect that no ex‑officer or employees of the Board could directly or indirectly participate in any business of the Board as contractor for construction, repair supply, etc., or to participate in any ......oner Vs. Chairman, Rural Electrification Development Board and others..................Respondents Judgment November 12, 1992. Lawyers Involved: Md. Ashfaqul Islam, Advocate ‑ For the Petitioner. S A M Mahbub Elahi, Advocate ‑ For Respondent Nos. 1‑2. Writ Petition N......ed order and on the Government. It is true that in section 3(2) of the Rural Electrification Board Ordinance, 1977 under which the Board was established it is mentioned that the Board shall be a body corporate having perpetual succession and seal and shall by the said name be sued. So, the petitione...... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......ty, AIR 1964 Punjab 327; Board of High School and Intermediate Education, UP Allahabad Vs. Bagleshwar Prasad, 1963 All LJ 676 (SC). Lawyers Involved: SC Das with Subrata Chowdhury, Advocates - For the Petitioner. Shafique Ahmed with AFM Mesbahuddin, Advocates ‑ For the Respondents. Wri......in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......ns have to face from time to time is a serious problem and unless there is justification to do so, Courts should be slow to interfere with the decisions of domestic Tribunals appointed by educational bodies like the Universities. In dealing with the validity of the impugned orders passed by Universi..Category: Others | Date: | Hits: 122
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....om foreign buyers, lien of Letter of Credit, purchase contract, shipment guarantee and pre‑shipment guarantee and that plaintiff all on a sudden suspended the credit facility as a result the export business of the defendants came to a halt and because of this arbitrary action of the plaintiff defe......upali Bank and others………………………………………Opposite Parties Judgment June 12, 1994. Lawyers Involved: Nurul Islam Chowdhury, with Md. Khurshid Alam Khan, Advocates-For the Petitioner. Badruddin Ahmed, Advocate-For the Opposite party No.1. Civil Revision No. 3......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ..Category: Civil Law | Date: | Hits: 92
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
..../- a year, it being immaterial whether she receive amount or not. 19. But contention of Mr. Muzaffar Hossain, learned Advocate for the assessee is that M/s. Sonali Estate Agents, is a company or a business firm carrying on business for the purpose of earning profit by taking lease of house proper......l) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Zebunnessa...........Appellant Vs. Commissioner of Income Tax North (Zone), Dacca…………….Respondent Judgment July 8, 1982. Cases Referred To- 9......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56...Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....the same as confirmed or varied. Rules 16, 17 and 18 provide for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear the Commissioner may proceed in their business. The entire law in thus codified and there is no scope for introducing any new rule of proc......ltan & others..........Respondents Judgment May 5, 1982. Case Referred To- Local Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Re......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
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