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Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... In Halsbury's Laws of England (Vol. 6, 538), as has already been referred to by Syed Ishtiaq Ahmed, it bus been stated that ''a winding-up order will not be made on a debt which is bonafide disputed by the company but the court must see that the dispute is based on a substantial ground; ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... suit property remains a vested property. Leave was granted by us to the decree-holder to examine the validity of this order. 24. Mr. S. R. Pal, learned Advocate for the appellant, has disputed the view taken by the learned Judges of the High Court Division and has contended that the..Category: Property Law | Date: | Hits: 70
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... Khaleque Bains vs. Government of Bangladesh, in Civil Appeal No. 21 of 1986 wherein it was held that in a suit for declaration of title filed against the Government which have taken over the disputed property as abandoned property, defendant-respondent No.3 to whom the Government was tryin..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....iness in the name of, "Ciproco Computers' from the time of incorporation of the Company till the application for winding-up was filed. This is all the more evident from the fact that the disputed Trade licence was obtained from the Dhaka Municipal Corporation on 28 May 1986 that i..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....gations. It was a case of revising the rate of royalty payable by the lessee that was challenged by the lessee. The Court took the view that when facts are to be investigated and if those facts are disputed the relief under article 226 is not appropriate. In the Divisional Forest Officer Vs. Bi..Category: Property Law | Date: | Hits: 87
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
.... was assessed in favour of Jagadish who withdrew the same without any objection from the plaintiff. P.W. 1 claimed that he also got share of the partible land. D.W. 3, who barga cultivated the disputed partible land, however, stated that the plaintiff claimed his share of produce only after ..Category: Property Law | Date: | Hits: 37
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....guishing the fire. On 15th December, 1982 P.W.1 lodged a complaint, written by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in..Category: Criminal Law | Date: | Hits: 57
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... Debia Vs. Mothooranalh Acharjo 13 Moo Ind. App. (PC) 270 and Palaniappa Chetty Vs. Devasikamony Pandara, AIR 1917 PC 33. 15. In the instant case if the appellant's case is believed then the disputed settlement was accompanied by the receipt of a kabuliyat, the granting of a patta and fixa..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....liyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besides the undisputed Mortgage Deeds and Sale Deeds in favour of Alfazuddin. On consideration of these mate..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ession against each plot by virtue of the purchase by the sale deeds dated 8.2.65 and 10.2.65. In that way the defendant No.1 has managed to bring under his control about .13 ½ sataks of land in the disputed locality. The remaining lands besides the land covered by the Madrasah house the defendant ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ast of the hut of Idris. Parties to the quarrel over this land were the appellant’s on one side and one Khursheda, daughter of Hatem Haji on the other. Idris to whom Khursheda gave the borga of the disputed land was caught in between. Khursheda is alleged to have purchased the disputed land from o..Category: Criminal Law | Date: | Hits: 56
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....' and directed a fresh election there keeping undisturbed the results of the two other Polling Stations 10 that those result could be added to the result to be obtained from the fresh election in the disputed Polling Station for final determination of the question at to election of Chairman of the U..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they hav..Category: Criminal Law | Date: | Hits: 42
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....uld not be punished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any conte..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....i is Ext.5 and he deposed on 26.4.66 just about two months after death of Zohura Begum. In his evidence he did not say a word that Khorshed Alam was his adopted son. Though in cross-examination he disputed the genuineness of the Hiba-bil-ewaz Ext.H. Khorshed Alam deposed as defendant and stated t..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
.... of grudge. The trial court observed: "P.W.1 the plaintiff No. 1 has clearly stared in cross-examination that the defendants alleged first schedule land of W. S. does not appertain to the disputed lands." Accordingly it excluded the first schedule land by observing: "Thus ..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... and that his father was not a tenant of the appellant, that he did not inherit it on his father's death and as such, there was no question of holding over. This argument clearly takes us back to the disputed facts between the pasties, whether Kala Mia was a tenant under the appellant and, if so, wh..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from before. His tenancy right has matur..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....on of Writ jurisdiction of the High Court Division. These decisions are hardly of any assistance to the respondent in view of the simple fact that the position of the employees in those cases was not disputed; one was in the service of the Republic and was very much within the protection of Articl..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on ..Category: Criminal Law | Date: | Hits: 60