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Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......juries on the dead body of Idris. Attempt has been made to discredit this Investigating Officer on the ground of his, rushing to the place of occurrence from another village where he had gone on some business. He could not say why he had gone to Agarpur village and who gave the information of the ..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......mpany was to be held within 18 months from the date of incorporation, that is, within 16th May 1985. Respondents asked appellant to hold a meeting of the Board of Directors to discuss the affairs and business of the Company and its accounts who, however, refused to comply with this request. A meet..Category: Business or Commercial Law | Date: | Hits: 111
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... shops in every bazar, but nearly all the buying and selling takes place on the bi-weekly market days, when the cultivators from all the villages within 7 or 8 miles attend en masse to sell their jute or rice, to buy their weekly supplies of oil and to barter their fish, vegetables and garden pr......bute of locality. It was observed: "What is goodwill? It is a thing very easy to describe very difficult to define. It is the benefit and advantage of the good name, reputation and connection of a business. It is the attractive force which brings in custom. It is the one thing which distinguishes..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......se was that the defendant was a defaulter and by subjecting he was in breach of the agreement. 3. Defendant contested the suit that he did not sub-let the premises but was carrying on partnership business with defendant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff ref..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......ং ১৯-৩-৫৩। 30. That clinches the whole issue. Khorshed Alam was not only mentioned as his eldest son but he was given the status of a de facto guardian of the entire family in the business of Amir Ali till his step brother born through his second wife comes of age. What more is ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....perative. The sale did neither confer any right upon the defendant-respondent nor did it affect the plaintiff-appellants' interest in Schedule 2 lands. In brief, appellant's case is that the suit, jute comprised 28, 35 acres of lands and out of this area 6.37 acres were tenanted with an annual re......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......, that is, he is brother-in-law of the respondent (defendant No-1); he has supported the appellant’s case that Kala Mia was a tenant under the appellant and resided in the house carrying on cloth-business there. Evidence of P.W. 2 was sought to be discarded on the ground that the married a step-..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
.... & others........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 rig......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......by the Registrar who also got power of inspection of all other paper and documents of the society. He may also hold inquiry into the affairs of a society at any time. Besides any dispute touching the business or affairs of a society shall be referred to the Registrar before it is brought to a court ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ers to advance loan and provides the composition, powers and functions of the Bank. It also lays down elaborate procedure for recovering the loan advanced to various concerns engaged in industry or business, both in private and public sectors. The precise remedy for realising its dues is provided ..Category: Banking Law | Date: | Hits: 121
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......68. Originally the dealership licence was held by one Hajee Mohammad Ali, Managing Partner of the appellant firm under an agreement dated 1st December 1967. Subsequently, when the sole proprietorship business was converted into the partnership a fresh agreement was executed by respondent No. 1 in fa..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......refore far, and even at this distance of time, everything to be said for the discharge of the winding up order appealed against. But what would now be the consequence of discharging that order? The business of the company has ceased for years; its undertaking has been broken up; its reconstitution..Category: Company Law | Date: | Hits: 195
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... had been ejected. Now in the case of Esarunnessa, the trial Court found that the tenant had defaulted in paying rent to the respondent and further the respondent required the premises for starting a business of Cabinet Firm show-room. In this view of the matter, the suit was decreed. On appeal, the..Category: Property Law | Date: | Hits: 59
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......ncellation of the stamps contemplated in section 12 of the Stamp Act is a question of fact. The object of effectively canceling stamps is to make it unfit for further use in the ordinary course of business. The effectiveness of cancellation has to be determined by reference to the question ..Category: Business or Commercial Law | Date: | Hits: 113
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ......rovisions) Ordinance of 1969 (Ordinance No. 1 of 1969). The facts which are relevant for the purpose of this appeal are as follows:— 2. The case of the respondent was that he was carrying on the business of manufacturing glass, phiales etc. at Dacca under the name and style of "Orient Glass Ind..Category: Property Law | Date: | Hits: 125
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......r other officer of the company shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the business of the company, or as to his conduct and dealings as director, manager or other officer..Category: Business or Commercial Law | Date: | Hits: 101
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......vant facts which led to the formation of the Company are as follows:— (a) Pakistan National Oils Limited was a Company registered in Pakistan which, inter alia, carried on business of distribution and marketing of petroleum products in the territories now comprising Ban..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ction of the plaint by filing an application under Order VII, rule 11 of the Code of Civil Procedure, contending that section 86 of the Act provides that all the disputes relating to the business and affairs of the Society shall be referred to the Registrar and cannot be made the subje..Category: Property Law | Date: | Hits: 60
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two parties over a normal business transaction and the respective bankers had guaranteed the performance of their client. As ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......ndering service. But this proposition is hedged in by two conditions, namely, that a Government servant cannot without permission of the Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot be allowed to reap ..Category: Employment/Service Law | Date: | Hits: 101
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