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Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....y the High Court Division in First Appeal No.115 of 1999 rejecting the application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defendant's property for TK. 14,00,000.00 ......defendant received another sum of TK. 20,000.00; that the defendant did not take step for executing and registering the sale deed in favour of the plaintiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the defendant gave possessio......the sale deed, whereupon the plaintiff was constrained to institute the suit. 3. The defendant contested the suit by filing written statement contending, inter-alia, that the defendant wanted to sell the suit property for purchasing a flat as she thought it would be troublesome and hazardous fo..Category: Property Law | Date: | Hits: 112
....08 of 2007 summarily rejecting the application under Article 102 of the Constitution.
2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby the respondent No.2 agreed to purchase 10,00,000.00 share...... passed by the High Court Division in Writ Petition No.7108 of 2007 summarily rejecting the application under Article 102 of the Constitution.
2. The facts of the case, in short, are that on 9th October, 2000, the appellant entered into a share purchase agreement with the respondent No.2 whereby ......ed to purchase 10,00,000.00 shares from the appellant for a price of TK. 10,000,000.00. On the same date, the parties entered into a buy-back agreement whereby it was agreed that the respondent would sell the entire amount of the shares to the sponsors of the appellant at a profit of 20% after the y..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....75 (SC), 2032 and the principle was reiterated that it must be economic activity in the nature of trade or business so as to make it an industry. The Cholera Research Laboratory has been set up by an agreement dated 30.12.1961 between the Director of US Operation Mission and the Ministry of Finance ...........................................Petitioner Vs. Kumudini Hospital Karmachari Union & others....................Respondents (In Writ Petition No. 625 of 1974). Cholera Research Laboratory ......................Petitioner Vs. First Labour Court & others..........................4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
....Bank; that in pursuance thereof the respondent applied for loan to the Bangladesh Shilpa Bank and the appellant executed a deed of mortgage in favour of the Shilpa Bank, that under the aforesaid loan agreement the Bangladesh Shilpa Bank made an advance of Tk. 3,00,000.00, that the balance costs for ......ruzzaman J Hameeda Banu........................................Appellant Vs. AFM Naziruddin.......................................Respondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR ......that in the first week of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the owner of the same; that she was demanding the house r..Category: Property Law | Date: | Hits: 110
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
.... 1, Rupali Bank; that the plaintiffs purchased the suit property from the defendant Nos. 7,8, 10 and 11 by 8 sale deeds dated 10 6.77, 5.9.77 and 6.9.77 and are in possession thereof from the date of agreement for sale in part performance of the contract; that a portion of the suit property is in po......aji Md. Ishaque and others............................Petitioner Vs. Rupali Bank .................................................Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR 376. Lawyers Involved: Mozammel Hossain with Abd......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....rovia, Liberia and the said company demised the said vessel to M/s Sanko Steamship Co. Ltd., Tokyo, Japan and the said company as the disponent owner of the said vessel entered into an voyage charter agreement with the objector‑petitioner (opposite party No. 1 in CR No. 111 of 1982) M/s Continenta......................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
PLD 1964 (SC) 222.
Lawyers Involved:
Mustafa Niaz Mohammad, Advocate ‑For the Petiti......nished there is no merit in these two revisional applications.
In the result, these Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 617.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....ms Act being non‑scheduled offence under section 26 of the Special Powers Act the trial for both the scheduled and non‑scheduled offence by the Special Tribunal is illegal. 13. We are fully in agreement with the decisions referred to and consequently we find that the entire trial of the accus......zammel (Md.) Huq......................................Appellant Vs. State............................................................Respondent. Judgment March 12, 1990. Cases Referred to- 10 DLR (SC) 29; 33 DLR 203; 35 DLR 127; 41 DLR 274; 12 DLR 100; 12 DLR 90 & 21 DLR (AD) ......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...Category: Criminal Law | Date: | Hits: 52
....ompany, incorporated under the Companies Act, having its office and factory at 45, Mohakhali Commercial Area, PS Gulshan, Dhaka‑ 12.
2. The petitioners have alleged in the application that by an agreement dated 14.9.83 executed between the petitioner and the respondent‑company the demised pre......
Nizamul Haque and Others........................................................Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute M......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....seers 9 chattaks of rice and 1533 gunny bag and as such the plaintiff filed complaint before the Magistrate Court, Thakurgaon under sections 406/420/409 of the Penal Code. The defendants also made an agreement on 30.12.82 stating that they would pay within 30.6.83 by instalment but they also default...... Kazi Ebadul Hoque J Afsar Ali Chowdhury and others...............................Petitioners Vs. The People's Republic of Bangladesh........................Opposite Party. Judgment October 31, 1990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operati...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..Category: Civil Law | Date: | Hits: 87
....ven either to Ujala Match Factory or to the Sattar Match Works. On 13.10.78 the Sattar Match Works at Lama was sold by the Government and the same was purchased by the petitioner No. 2 as per deed of agreement dated 13.10. 78. On 23.11.79 the BCIC trading as Bangladesh Manufacturers and Industries L......buddin Ahmed with Mirza Hossain Haider, Advocates ‑For the Petitioners.
Dr. M Zahir with M Hassan, Ferdousi Shahab and Firoz Shah Advocates ‑ For the Respondent Nos. 1 and 2.
Rafiqul Huq, Attorney‑General with AY Salehuzzaman, Deputy Attorney‑General ‑For the added Respondent No. 4.
...... Trade Mark "Cock". In support of his contention Mr. Khandaker Mahbubuddin has referred to the deed of agreement for sale dated 13.10.78. He submits that in the preamble it is stated that whereas the seller agreed to sell to the purchaser for a total consideration of Tk. 80,000,111.00 the Industrial..
Category: Intellectual Property Law | Date: | Hits: 264
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
.... be mentioned that in the normal course of business a foreign ship does not call on a foreign port unless it is chartered for the purpose. 11. We have also noted that there is an allegation of an agreement between officials of plaintiff and defendants that a bank guarantee shall be furnished, in......sdiction) Present: KM Subban J ATM Afzal J Bangladesh………….Appellant Vs. Unimarine SA Panama and other………Respondents Judgment June 16, 1977. Case Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawye......ny reciprocal arrangement between Bangladesh and the Republic of Panama under whose flag the mother ship Maersk Commander, as well as the lighterage that has been the subject of attachment order, are selling. In the said unreported decision a point was raised by Mr. Hafizullah, the learned Advocate ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....er President's Order No. 26 of 1972 and was known as "Uttara Bank", that on and from 15.9.83 the plaintiff bank has been be nationalised and converted into a public limited company on the basis of an agreement dated 15.9.83 pursuant to the provisions of the Bangladesh Bank (Nationalisation) (Amendme......rty. Civil Revision No. 676 of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......ur of the petitioner. 2. It is stated in the application that the petitioner is a corporation established under the Investment Corporation of Bangladesh Ordinance, 1976 (Ordinance No. XL of 1976) to encourage and broaden the base of investment developing the capital market and mobilize savings a......Bangladesh and undertake all the functions of a member. Section 21(17) provides that for the purpose of, and in matters relating to, its business or objects (a) to purchase or otherwise acquire, own, sell, transfer and exchange any tangible or intangible, movable or immovable property and any right,..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....e establishment of the jute mill from the funds made available by the Government of the United Kingdom (hereinafter called UK Credit) through the then Government of Pakistan. It was stipulated in the agreement that the fund made available by the Government would be utilised for the purpose of procur...... 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) Bangladesh Bank and (4) the Govt. of Bangladesh to show cause as to why letter No. Advance/Loan 4904 dated 23.6.87 issued by the Deputy General Mana......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....its workers and was compelled to serve lay‑off notices on January 10, 1985 to 473 workers and employees. It further alleged that prior to service of the said notices the petitioner 2 had to sign an agreement for payment of 30% house allowance, Tk. 500.00 as flood relief, 60% bonus and 10% other de......o Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 1991. Case Referred To- Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; James Finlay and Co. Ltd. Vs. The......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......380 of the Penal Code. 2. The petitioner as complainant lodged FIR with the Narayanganj Police Station on 15.5.85 on accusations, inter alia, that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village hom......and speedy decay. We have no hesitation to hold that the salt and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the..Category: Criminal Law | Date: | Hits: 64
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....d to the conclusion that the trade unions have a guaranteed right to an effective collective bargaining or to strike either as part of collective bargaining or otherwise." 22. We are in respectful agreement with the observation of their Lordships of the Indian Supreme Court which are in complete ......ce LI of 1977 incorporated by Ordinance XV of 1987. 2. The petitioners in this case are 12 in number. They are workers and workmen under the Bangladesh Rural Electrification Board which is a statutory body constituted under Ordinance number LI of 1977. It is the case of the petitioners that this......l Moududi case, reported in 17 DLR (SC) page 209. 5. As to the position of the workers under the Rural Electrification Board it is the contention of the learned Advocate that it is a shop which is selling electricity to the customers. It is managing and offering services. It is an Industry and it..Category: Labour and Industrial Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
....irst instance and on completion of his probation his services will be placed on 5 years contract with effect from commencement of his appointment and further extension of contract will be with mutual agreement. After completion of probation his services were placed on 5 years contract with effect fr......ngineering Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- Md. Lutful Kabir Vs. Secretary, Agaz Rubber Industries Ltd., 29 DLR 45; Manager Personnel Di......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....s not being held in custody without lawful authority or in an unlawful manner. The fact of the detention and not the date or order of the detention is the material point." 25. We are in respectful agreement With the above view and following the principle as spelt out above we have no hesitation i......y J Habibur Rahman Khan J Anwar Hossain Monju....................Petitioner Vs. The State.....................................Respondents. Judgment July 10, 1991. Cases Referred to- Latif Mirza's case, 31 DLR (AD) 1; Sajeda Parvin Vs. Government of Bangladesh, 40 DLR (AD) 1......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
.... he was ready to pay the 2nd instalment within the stipulated time for which no action was taken by the decree‑holder; that the plaintiff being managing director of the said company entered into an agreement on 29.11.1969 with M/s. Rana Tractors and Equipments Ltd to transfer the suit property but......zi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DL...... on the failure of the said company to repay the said loan with interest PICIC filed Title Suit No. 315 of 1968 in the 1st Court of the Subordinate Judge, Dhaka for realisation of Taka 1,64,952.23 by selling the properties of the plaintiff including the suit land; that the said suit was ultimately d..Category: Property Law | Date: | Hits: 69
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