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National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......ndent upon the date of incorporation of the Bank. It is also not dependent upon whether he is an actual shareholder or Director of the Bank. He is filing the suit on the basis of loss of a contingent interest. Whether he has been able to make out such a case will be seen at the time of trial but he ..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......s was served upon the detenu purporting to detain him for three months under section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the economic or financial interest of the State. On 28.8.88 the detenu was served with grounds of detention which are dated 25..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ...... separate written statements denying all material allegations made in the plaint with assertion that the suit is not maintainable in this present farm and that the plaintiffs have no right, title and interest in the suit land. 4. The learned Upazila Munsif (now Assistant Judge) Tongibari on consi..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......o the plaintiff’s father on 30.6.80 was null and void under Article 7 of the President’s Order 142 of 1972 and the plaintiff’s opposite party cannot be said to have acquired any right, title or interest on the basis of such transfer, and, as such, the Court of appeal below committed error of l..Category: Property Law | Date: | Hits: 107
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......sent petitioners, as it appears along with opposite party No.1 showing him as plaintiff No.2 filed an application for striking out the names of plaintiff 2-5 from the plaint alleging that they had no interest in the suit land. It is no record whether any copy of that application was served upon the ..Category: Procedural Law | Date: | Hits: 124
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......intiff never got the suit property by way of exchange and that the papers including the power of attorney in respect of the alleged exchange are forged; that the plaintiff has got no right, title and interest over the suit property and he has no bonafide requirement as alleged. Hence the suit is lia..Category: Civil Law | Date: | Hits: 140
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......ch was accorded on 25.10.89 and the registration of the deed in favour of the transferee Janata Publishers Ltd. on 2.11.89 are sufficient materials to hold that the transaction was made to secure the interest of some quarters and the Petitioner being the Chairman of RAJUK cannot avoid the liability ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......on 31 reads thus:- "When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified; and if the Court finds it clearly..Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
....te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......m court under section 15 of the Hindu Divorce Act, 1947 that till the father was appointed as the guardian of the minor child the child would remain in the custody of the mother and that was in the interest and welfare of the child but in the instant case there is no such direction from court. Thu..Category: Family Law | Date: | Hits: 255
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
....der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513.......e 3rd Court of Subordinate Judge, Dhaka claiming Tk.4,43,636.18 as damages for delay and detention of the oil tanker from the middle of October, 1969 to 12.8.72, a further sum of Tk. 79,189.61 as interest at the rate of 6% per annum from 12.8.72 to 12.7.75, in total Tk. 5,22,820.79. The plaintif..Category: Civil Law | Date: | Hits: 142
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......eal by the plaintiffs Bank directed against the Judgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is emp..Category: Civil Law | Date: | Hits: 141
Hyundai Corporation Vs. Deputy Commissioner of Taxes, Dhaka and another, 1999, 18 CLC (HCD)
....n is not assessable in Bangladesh for the reasons as aforesaid the order of attachment is found to be illegal and without jurisdiction. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 333.......rused the available materials. The only point for reference is, whether the petitioner can be assessed tax under the Income Tax Act, 1984 in Bangladesh. 7. The case of the petitioner is that their interest is protected under the convention Annexure B to the petitioner. We have gone through the av..Category: Fiscal/Taxation Law | Date: | Hits: 254
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
....e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......follows: “9. No suit shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards the rights and interest of the parties actually before it. 16. In spite of the Government being not joined as a ..Category: Procedural Law | Date: | Hits: 129
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......l Court. 6. The legality of this judgment and order of the appellate Court was challenged here by the pensioner, Sarajubala who died on 6.1.87 during the pendency of this Rule and her successor-in-interest were substituted under Order 22, Rule 10 of the Code of Civil Procedure vide order of this ..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ......On a reading of different authorities, particularly Salmond and Heuston, Lord Templemon, Winfield and ED Pitchfork Law of Tort stands as in any society of people living together numerous conflicts of interest will arise and that the actions of one man or group of men will from time to time cause dam..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......the scheduled property. The period for repayment of loan was up to 23-4-2003 and installment for payment of loan was from October, 1988 at the rate of Taka 4,650 to be realized from rents and rate of interest was 16%. As security of the loan, defendant No.2 executed and registered mortgage deed in r..Category: Civil Law | Date: | Hits: 156
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ......d that the continuity of the illegal extraction of sand from the bed and banks of the River shows utter failure of the respondents to enforce law and to protect and manage public property in the best interest of the people as required under Article 13 of the Constitution. Thus, it has been submitted..Category: Environmental Law | Date: | Hits: 1019
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......in construction of the provisions of Order 1, rule 9 and Order 1, rule 10 sub-rule (2) make it clear that the Court is required to deal with the matter in controversy so far as regards the rights and interests of the parties are actually before it and the name of any person whose presence before the..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
....ed, the question of amendment of the plaint does not arise. Hence the connected rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 60. ...... The enquiry officer was also thoroughly biased and determined to inflict punishment upon the plaintiff. On being misguided and gained over by the said officers of the bank who were inimical to the interest of the plaintiff and who were conspiring in league to victimize the plaintiff in any manner..Category: Employment/Service Law | Date: | Hits: 175
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......respondents is against an order recording compromise under Order 23, rule 3 of the Code of Civil Procedure. 2. The facts giving rise to this appeal, in short, are that Sarafatullah, predecessor-in-interest of respondent Nos.1-9 and respondent Nos.10 and 11 instituted Title Suit No. 69 of 1967 in ..Category: Property Law | Date: | Hits: 109
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