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Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....he said flat paying therefore unto the Bank a monthly rent of Rs. 100 including hire of 2 AC fans and extra Government duty on electric current without any reduction or abatement to be paid at the bank on or before the 7th of succeeding month for which the rent is due and that the said rent is i......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
....s upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertaking (Ext. A) to that effect. By way of assura...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Moqbul Ahmed and another........................Appellants Vs. Ahmed Impex (Pvt.) Ltd. and ors&hel...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....of events may tend to obliterate the real difference between the motive for the agreement and the consideration for it. In that case, certain goods belonging to the appellants were pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the ......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ff was not a “worker” at all within the meaning of section 2(v) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, on the reasoning that “these classes of employee of the bank are not meant for productive purposes” and, as such, the suit was maintainable. 3. Leave w......n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ..Category: Labour and Industrial Law | Date: | Hits: 152
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
A K Mohammad Idris Vs. Bangladesh Krishi Bank and Others, 1996, 25 CLC (AD)
....e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ...... J ATM Afzal J Mustafa Kamal J Latifur Rahman J A K Mohammad Idris………........................ Appellant Vs. Bangladesh Krishi Bank and Others ……….Respondents Judgment January 9th, 1995 Law......e Appellate Tribunal are set aside and those of the Administrative Tribunal are restored. The appeal is allowed with cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 48 ..Category: Employment/Service Law | Date: | Hits: 150
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ...... Abdullah Jabir J.- This appeal arises out of the judgment of A. Q. Chowdhury, Senior Special Judge, Jessore convicting the appellant Aminul Islam under sub-section (2) of section 5 of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/- in ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the order of the Additional Commissioner referred to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Char Bedurial JL No. 64 PS Bhola is transferred to Bhol......pondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....egal and does not confer any right on the plaintiff-respondents. Mr. Khondkar has drawn our attention to the fact that the patta dated 7.3.47 which is marked exhibit 5 relates to a tank including its bank wherein the purpose has been mentioned as for rearing fish in the tank and for planting these o......rt High Court Division (Civil Appellate Jurisdiction) Present: Maksum ul Hakim J Fazle Munim J Azizur Rahman................. Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....ort, which in his opinion obstructs or impedes the free navigation thereof or the lawful use of any pier, jetty, landing place, wharf, quay, dock, mooring or other work on any part of the shore or bank which has been declared to be within the limits of the port and is not private property. (2...... ...... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ..Category: Others | Date: | Hits: 162
City Bank Limited and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ondents Judgment July 12, 1999. The Financial Institution Act, 1993 (XXVII of 1993), Section 3 The Constitution of Bangladesh, 1972, Article 27 The embargo on banks, insurance companies and other financial institutions to nominate its directors on the Board ......l) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J City Bank Limited and others …………..…………..Petitioners V......nd any substance in the submissions made by Mr. Rokanuddin Mahmud. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 262. ..Category: Business or Commercial Law | Date: | Hits: 106
Phoenix Leasing Ltd and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....tors who represent their own share- holding individually and nominee-directors who represent their companies’ share holdings. It applies to all, whether they are individuals or nominees of a bank, insurance or financial institutions………(22) Lawyers Involved:......late Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Phoenix Leasing Ltd and others………………… Appellant Vs. Bangl......surance or financial institutions. Thus all the submissions of Dr. Zahir fail and the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 258. ..Category: Business or Commercial Law | Date: | Hits: 96
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....y, etc. of funds in the account. Proviso to the section, however, is as follows: Provided that nothing contained in this section shall apply unless— (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its va...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J SM Anwar Hossain………........... Appellant Vs. Md. Shafiul Alam (Chand) and another………………… Respondents Judgment February 3, 1999. The Negotiabl......ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ..Category: Business or Commercial Law | Date: | Hits: 145
Nasiruddin (Md) Vs. Secretary, Ministry of Local Government & Rural Dev. & ors, 1999, 28 CLC (AD)
....petition on his own behalf and on behalf of the members of public in general styling himself as a person interested to espouse the cause of the public. He stated that Derai Bazar is situated on the bank of river Kalni in haor area under police station Derai and the inhabitants of the four unions ......ellip;….………………………………Petitioner Vs. Secretary, Ministry of Local Government & Rural Development and others ……….Respondents Judgment February 8, 1999. The Const......e on the ground of merit and on locus standi. There is no merit in this petition. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 213. ..Category: Constitutional Law | Date: | Hits: 126
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....ellip;………………. Respondents Judgment May 23, 1999. The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best interest o...... AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise…&......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....r disposal of the property of the minors by suppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtaining fraudule......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
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