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Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... 4. The three appeals arose but of the dispute of the firm named and styled ''M/R. Sikder" formed under a deed of partnership registered on September 1,1968 for the purpose of carrying on contract business of Government and Semi Government organizations. The partnership is a family concern and ......re, 1908 (Act No. V of 1908), Order XLVII, rule 1 and rule 26 of the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....ssible under section 65 of the Banking Companies Ordinance, section 4 of the Bankers Evidence Act, 1891 and the entries in the books of the plaintiff Bank regularly kept in course of business were relevant and also that D.P. notes, the resolution of the defendant company, Ext.......d..............................................Appellants Vs. Mahaluxmi Bank Ltd. (in liquidation) and others.............Respondents Judgment February 9, 1984. Words and Phrases Nobody can be allowed to take advantage of his own fault. The Defen......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
.... this also showed the possibility of corruption and dishonesty. Therefore, according to the Counsel, since respondent No.1 submitted the rates below Government rates, it was "likely to do the business at clear loss for reasons best known to it". The conclusion reached by the Subordinat......rul Haider Chowdhury J Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ion of a new company in Bangladesh as a successor company to the Pakistani Company and ultimately I.C.I. (Bangladesh) Ltd. was brought into existence and thereupon all the assets, liabilities and business which earlier vested with the government under P.O. No. 16 of 1972 became vested in the I.C......urt Appellate Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respo......f ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers reported in 36 DLR 114. 23. The facts of the case reported in 31 DLR (AD) 266 is that Buxly Paints (Bangladesh) Ltd. a public limited company, was incorporated on February 15,1971 in the then East Pakistan for taking over from Buxly Paints (Pakistan...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....d, (g) that direction to refund the emoluments, salary, allowances and other benefits they have received, taken or obtained cannot be issued as the same are within the transaction of business which are internal proceeding of the Parliament". The High Court Divis......…………...Respondents Judgment December 11, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making delibera......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....of the public on mortgage of properties and earned income from "Interest on Mortgage" along with some income derived from "interest on Government securities" and from "business" by selling of forms Appellant claimed that under section 6 of the Income-tax Act, a...... Appellate Division (Civil) Present: FKMA Munim CJ Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. House Building Finance Corporation………………Appellant all cases. Vs. ......asis for ascertaining the income. The term 'person' who is liable to pay income-tax under this section includes among others an association of persons or a body of individuals, whether incorporated or not, a Company and every other artificial juridical person. 25. Sect......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....nt, under reference. 3. The deceased Sohel, accused Chan Miah and Bashir Miah of 53, East Hazi para under Badda Police Station of Dhaka Metropolitan Area were jointly running Thai Alumunium business for a considerable period. The deceased victim is distantly related with accused Chan Mia......ellip;………………….Respondent (In both the Petitions) Judgment February 8, 2009. Lawyers Involved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Pe......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ..Category: Criminal Law | Date: | Hits: 41
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......;…………………………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others……………&hellip......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....o live at the house of the plaintiff's father as husband and wife and thereby she conceived. Subsequently the defendant took Tk. 10,000/- from the plaintiff's father as a refundable loan to run his business and thereafter the defendant once again pressed the plaintiff to collect a further sum of......of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction..............rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ..Category: Family Law | Date: | Hits: 180
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... Shaikhali Alibhoy, AIR 1953 (Bom) 445 and Kishen Raj vs. Radhalal, AIR 1958 (Rajasthan) 145, cited at the Bar. 4. Defendant No. 1 (respondent No. 1 herein) is a company carrying on the business of export and buying and selling of jute. Defendant Nos. 2-9 are its Managing Director and...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sonali Bank.............Appellant Vs. M/S Beg and Beg Jute Incorporated Ltd. & others...................Respondents Judgment November 5, 1997. ...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....ts on 24.3.1991 and rent for the month of January 1996 was paid on 24.3.1996 and thus the respondent was a defaulter. It was further sated that the appellant required the suit shop for the purpose of business of his eldest son who was unemployed. The petitioner in order to determine the tenancy an......ohmudul Amin Chowdhury J Md. Shahjahan Mia ................Appellant Vs. Md. Abdul Hye .............Respondent Judgment October 24, 2000. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Mahmudul Islam,......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..Category: Tenancy Law | Date: | Hits: 172
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." .........Appellants Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (C......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
.... and gave possession. On 23.8.90 Bazlur Rahman and Bushar Complex Ltd. Jointly started and continued construction of eight-storied building of disputed plot within 500 yards of Abdul Hashem Khan's business premises, without any objection or obstruction. Then on 6.10.98 Misc. Case No. 23 o...... Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Referre......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
.... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......o. 17 of 1996) Vs. Azizur Rahman & others......... Respondents (In all the appeals) Judgment March 1, 2004. Lawyers Involved: Rafique-ul-Huq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant (In Criminal......ection 2(b) of the Criminal Law Amendment Act, 1958 as amended by section 3 of the Criminal Law (Amendment) Ordinance, 1978 (Ordinance No. VI of 1978), because M/S. Master Industries Ltd. is a body corporate constituted under a law, namely, the Companies Act and the accused petitioner is a Managi...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....riginal agreement for sale for the satisfaction of the court that Ghalib Hossain's signature contained in the agreement tallies with his signature maintained by the appellant in course of business. The Court of Settlement found that the respondent failed to establish the whereabout...... Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretari......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
....per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Vice-Chancellor, University of Dhaka and others..... Petitioners Vs. Ahmed Ar Razi and others&hell......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......per book, as prayed for, is dispensed with. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ....... Respondents Judgment November 9, 2008. Case Referred to- Saloman Vs. Saloman and Co. Ltd. (1887) A.C.22. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For Respondent No.2. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......f the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ...... Dohakul Union Parishad is one of the administrative unit under the constitution and under Section 3A of the Union Parishad Manual and the local elected representative of the people are local bodies under the Government. The formal lawful decision by majority votes of the members of the Uni..Category: Others | Date: | Hits: 87
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J The Director General, NSI............Appellant Vs. Sultan Ahmed...........................Resp...... 9. The paper book which is before us is disgusting and could not have been more unsatisfactory because of the unsystematic manner in which it has been prepared and the documents incorporated therein. It seems that negligence and carelessness have become a routine work in the mat......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....iding for the Bank of Credit and Commerce International (Overseas) Limited (Reconstruction) Scheme, 1992 (hereinafter called the "Scheme"). In terms of clause 6(1) of the scheme the business, properties, cash and liabilities in Bangladesh of Bank of Credit and Commerce Industries ...... Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by Md. Ataur Rahman Khan, Advocate-on-Record-For the Appellant. Dr. ......ourt Division in Writ Petition No. 3123 of 1999 discharging the Rule. 2. The appellant Eastern Bank Limited filed the above writ petition stating, inter alia, that it is a banking company incorporated under the law of Bangladesh, it was established in the year 1992 by the Bangladesh Bank ....... The Govt. of Bangladesh, Bangladesh Bank, Joint Liquidators are neither necessary nor proper parties and therefore, the application filed by the Eastern Bank Ltd for addition of the said persons/bodies was rightly rejected under the impugned order. 7. Mr. Rokanuddin Mahmud, the learned..Category: Others | Date: | Hits: 95
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