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Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......ed to the High Court on 29th March, 1965 under the Banking Companies Ordinance 1962. Defendent No.3 was impleaded on 8th March, 1966. 3. The plaintiff was a Banking Company carrying on banking business with its principal office at Terri Bazar, Chittagong. But on account of its failure to tran..Category: Banking Law | Date: | Hits: 103
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......essence of the contract, that defendants agreed to sell the suit land situated at a distant village from the residence to raise money to purchase agricultural lands and also to invest capital in fish business, that they entered into an agreement with one Pagali Mondal for purchasing 2.94 acres of ag..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....obtained the loan from the National Bank of Pakistan under the cash credit limit of Taka 4 crores and overdraft limit of Taka 33 lacs against the security of demand promissory notes, hypothecation of jute stored at various purchase centres, pledge of shares of different Companies, charges on the Com...... appointed an administrator for them who was authorised to conduct their affairs including operation of bank accounts. Though some of the concerns of the appellant company were subsequently released, business and the assets of the Jute Division of the appellant company remained vested in the Jute Ma..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......nts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and the defendant had been carrying on business as partner of a Chinese Hotel and Restaurant in the name and style "Cafe China" in a rented..Category: Business or Commercial Law | Date: | Hits: 114
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ....... Appellant who is the plaintiff instituted Title Suit No. 62 of 1973 for declaration of his right, title and interest in the suit property as well as the cinema shall along with its structures and business. Averments made in the plaint are as follows: (a) The appellant with proforma-responden..Category: Property Law | Date: | Hits: 99
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......t the property belonged to Gouri Dasi. The next question was whether the plaintiff was the daughter of Gouri Dasi. The trial court presumed that Gouri Dasi was not married at all and she carried on business, of prostitution till her death. So far the claim of the plaintiff that she was a daughter..Category: Property Law | Date: | Hits: 112
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....shy;lished in the name of Mahim and Mofiz who have sold two plots out of their jote to the plaintiffs by registered kabala dated 28.1.65. His further case was that the defendants cut and took away jute grown by the plaintiffs for which the criminal case was started but the case was dismissed and......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......dent was found guilty for misconduct. Acting under the instruction of the Company the appellant informed the respondent that he had been found guilty of misconduct in connection with the company's business and therefore he has been dismissed from the Company's service with immediate effect under..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......are Trust........................Respondent (In all the cases) Judgment February 6, 1984. The Income Tax Act (II of 1922) Section 4 (3)(i) For an income derived from business of a trust the exemption under the Income Tax Act will not be available unless among other..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudic..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......managed by appellant No. 2 and the members of the staff were taken over by the Government as abandoned property. Properties were taken over including buildings, stock-in-trade and the running business. In spite of the repeated attempts of the Directors of the company the properties wer..Category: Property Law | Date: | Hits: 47
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......13 DLR SC 13. 2. The premises in question is No. 4. Asad Avenue, Mohammadpur, Dhaka. It consists of several rooms. The appellant has been occupying one such room as a monthly tenant and running a business there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title a..Category: Tenancy Law | Date: | Hits: 111
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......rt, or within the jurisdiction of the Court or within the territorial waters of the country to which the plaintiff's ship belongs or in which the plaintiff resides or has his principal place of business, extend any such period to an extent sufficient to give such reasonable opportunity."..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......al court gave cogent reason for accepting the plaintiff's case because of their relationship and both parties migrated together from India soon after partition and jointly started a motor transport business and also resided together with their families in the same premises. There was no challen&s..Category: Property Law | Date: | Hits: 30
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......next question will be whether this representation when made was in fact false to the knowledge of the accused and whether he had a different intention……………………(9) Partnership business- Partner cannot be held liable u/s 405 of the Penal Code In case of partnership ev..Category: Criminal Law | Date: | Hits: 146
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......aintiffs' predecessor and since purchase, in spite of reported request, did not care to pay rent to the plaintiffs for the period from 1. 11.79 to date, that is, 31.8.83; that the plaintiffs are, all businessmen and they are in bonafide need of the suit premises for their own use and occupation for ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......passed in 1978. The suit was filed in 1980. He stated that he needed the house for himself and his family members for residence. The plaintiff’s son PW It Md. Alamgir stated that he was doing business at Dhaka staying at the residence of his sister. They have no other house at Dhaka except ..Category: Property Law | Date: | Hits: 26
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......imself liable for eviction from the suit premises. 5. In their joint written statement the alleged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business ..Category: Property Law | Date: | Hits: 30
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