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Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......it was hit by the proviso to section 42 of the Specific Relief Act. Section 42 of the Specific Relief Act runs as follows: "Any person entitled to any legal character, or to any right as to any property may institute a suit against any person denying, or interested to deny, his title to such c..Category: Employment/Service Law | Date: | Hits: 71
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......ালতের ণ্যয় বিচারে বাদী আর যে কোন প্রতিকার পাইতে পারে তাহার আদেশ হয়।
in respect of the property described in the schedule to the plaint. The basis for claiming title in the suit land, bei..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....rs of Bangladesh. She was once engaged by the BERC to conduct the hearing of the Writ Petition No.7159 of 2008 filed there against vide its Memo dated 23-11-2008; but she declined to do so due to her personal difficulties as is evident from her Memo No. LDA/BERC/2008/2 dated 20-11-2008. Afterwards t......on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626...Category: Employment/Service Law | Date: | Hits: 92
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....ch the impugned judgment does not call for any interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 349. ......passed in that aforesaid suit stands vitiated by fraud. The term "fraud" has not been defined in the Evidence Act. The definition of fraud is only to be found in section 17 of the Contract Act. Fraud property includes all acts, omissions, and concealments, which involve a breach of legal or equitabl..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....vesting some immovable properties, described in the Schedule to the trust deed, and the running business carried on in the name of AR Bhuiyan and Co. with all its assets and liabilities including his personal liability for taking loan to raise the capital of the business by equitable mortgage of the...... the case, the learned Appellate Tribunal is justified in disallowing the repayment of loan amounting to Tk. 1,37,500.00. The assessee earned income, profits and gains from business and from house property. The essessee company submitted return of its income showing Tk. 12,453.00 for the assessme..Category: Fiscal/Taxation Law | Date: | Hits: 90
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....as filed for setting aside the order of dismissal and it was registered as Misc. case No.28 of 1982. Before filing written objection the contesting defendant on 14.3.83 filed a petition for directing personal appearance of the plaintiff petitioner pleading that the rehearing application was not file......Mokbul Hossain Khan of this Revision Case appeared on 8.2.84 and 29.2.84 respectively and filed petitions praying for their addition as petitioners in the rehearing case claiming interest in the suit property on the strength of Kabala purchase from the plaintiff through his attorney Nazmul Huda. The..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... it was detected that the petitioner did not deposit the said amount to the company and thereby committed misconduct. On detection of the same the petitioner was charged for keeping the money for his personal gains and asked to submit explanation. The explanation submitted was, however, found unsati......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....ce and as such it does not call for any interference. In the result, the second appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 363. ......g plaintiff and some defendant as heirs and other defendants are the heirs of Abdur Razzak and Dalema Bibi. In this way plaintiff inherited one anna 5 gondas, 2 krants 2/3rd Danties share in the suit property and in addition to that share he made purchase of 3.07 acres of land on the strength of reg..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ...... deed to invoke the jurisdiction of Baliakandi Sub‑Registry Office and thus a fraud was practised under Registration Act. Section 28 of Registration Act speaks that document which affects immovable property shall be presented for registration in the office of Sub‑Registrar within whose sub‑dis..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69....... 4. The learned trial Court upon hearing the parties and perusing the evidence oral and documentary dismissed the suit on the findings that the plaintiffs had no right, title or interest in the suit property and they had also acquired no right by way of adverse possession and accordingly he dismiss..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63....... of warrant for delivery of possession finds place in Form No.11 of Appendix E. It is noteworthy that this warrant in general terms directs the bailiff to put the decree‑holder in possession of the property and to remove any person bound by the decree who may refuse to vacate the same. The languag..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......gent will not be entitled to any remuneration in respect of the part of the business which he had misconduct as will be evident from section 220. Section 221 provides for agents lien on principal's property as under: "Agent's lien on principal's property-in the absence of any contract to the co..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....nd his sons and wife, he had undertaken all the liabilities of Mr. Mohiuddin Ahmed including those relating to Bangladesh Shilpa Bank, ICB, Pubali Bank, Ltd. which also included Mr. Mohiuddin Ahmed's personal security which was offered and given in the interest of the company. In the event of any fr......ent dated 8.3.1985 is annexed as Annexure "A". The salient features of the aforesaid agreement are as follows: (a) The respondent No.1 will pay Tk. 10 lacs to the petitioner No.1 and get the house property of the petitioner No.1 located at No.109, Hrishikesh Das Road, Dhaka including the machin..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....he exercise of the right of locomotion, withholding of passport virtually negates the individual liberty, unless it is done within the permissible limit. Article 32 of our Constitution has guaranteed personal liberty as the fundamental right of the citizen and no person shall be deprived of his pers......s Republic of Bangladesh, the actions of the respondents are violative of the provisions thereof. He has also submitted that whenever any passport is issued and delivered to a citizen, it becomes the property of its holder and in that, cancellation of the passport of the petitioner, is also violativ..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
.... The trial Court is further directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 138, 31 BLD (AD)(2011) 185, VIII ADC (2011) 869. ......ant Nos.1 and 2 and respondent No.20 as plaintiffs instituted Title Suit No.43 of 1996 in the Court of Subordinate Judge, first Court, Khulna (now Joint District Judge) for redemption of the mortgage property along with other reliefs on the averments, inter alia, that plaintiff No.1 is a private l..Category: Civil Law | Date: | Hits: 86
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
.... 2 to settle the dispute with the proforma-defendant No.4. It was the further case of the defendant No.3 that it was only a clearance agent of the ship MV Hios and as such it cannot be liable for any personal offence of MV Hios. It is further stated that the present suit is not maintainable against ......of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)
....der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29.......le the short question involved is whether the Title Suit No.89 of 1981 and the Title Suit No.342 of 1982 can be heard analogously. The former was instituted for declaration of title in respect of the property which was also the subject matter in issue in the later suit which was instituted for decla..Category: Procedural Law | Date: | Hits: 51
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ...... in Title Suit No.12 of 1986 granting mandatory injunction against the appellant namely, Mukti Judda Kallayan Trust, defendant in the suit. 2. Facts leading to this, in short, are that the instant property which are few jute godown at Narayanganj being Municipal Holding No.150/152, BK Road Naraya..Category: Property Law | Date: | Hits: 389
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....e office of a member of Parliament in accordance with the Third Schedule to the Constitution for being seriously ill or for being away from the country on urgent business or for several such bonafide personal grounds. So the aforesaid clause (1) (a) of Article 67 of the Constitution has merely prote...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....aining authority is curtailing the liberty of person of a citizen by detaining him on the preventive detention, it is undisputedly exercising quasi judicial authority. To curtail fundamental right of personal, liberty of a citizen which is enshrined in Article 32 read with Article 33 of the Constitu......t class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (..Category: Criminal Law | Date: | Hits: 88
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