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Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue as required under the provisions of Disturbed Persons (Rehabilitation) Ordinance, ...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ch terms and conditions as it may deem fit. Article 29 empowers the Government to make rules for carrying out the purposes of the Ordinance. Article 30(2) provides that “all regulations made by the Board with previous sanction of the Government shall be published in the official Gazette and shall ......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....he exculpatory part is found to be false or basically improbable regard being had to reason and human conduct. 52. In Pakala Narayan Swami v. Emperor, AIR 1939 PC 47, Lord Atkin speaking for the Board observed: "A statement that contains self-exculpatory matter cannot amount to a confessi......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....al Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal 208; British India Corporation Ltd., vs. The Industrial Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque B...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....echnology. The company got a clientele of 300 computer systems and its customers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board and UNDO Dhaka. The company by rendering meritorious service to the custome......iproco Computer" and the "Ciproco Computers Ltd." which is the name of appellant No. 3, a Company, of which respondent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Com..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ...... question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... Order-the entire undertaking, of the said Company stood transferred to and vested in this Corporation. Defendant No. 2-appellant No. 2 who is the husband of defendant No.1- appellant No.1, was a Director of the Homeland Insurance Company in 1959, Respondent filed a suit (T.S. No. 122 of 1976 in..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....cern liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 31, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdictio......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....itutes adverse possession, a subject which formed the topic of some discussion in the case, their Lordships adopt the language of Lord Robertson in delivering the judgment of the Board in Radhamoni Devi Vs Collector of Khulna" (27 I.A. 136), where his Lordship said t......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....on under the provisions of this Act." Local authority has been defined in General Clauses Act and Section 3(28) reads as under: “Local authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entru......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....st Annual General Meeting of the Company, under, the Chairmanship of a neutral person in a neutral place with a directive to have the accounts audited by M/s. S.F. Ahmed & Co as resolved by the Board of Directors on 3.9.84 and the accounts and balance sheet placed in the said general meeting...... General Meeting of the Company, under, the Chairmanship of a neutral person in a neutral place with a directive to have the accounts audited by M/s. S.F. Ahmed & Co as resolved by the Board of Directors on 3.9.84 and the accounts and balance sheet placed in the said general meeting upto 31...Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....s son the plaintiff-appellant, a widow and two daughters was in Dhaka, In the. beginning of 1972, just after liberation, the house was included in the list of Abandoned Properties by the Cantonment Board, but on a representation by the appellant and other heirs of the late Aminuddin, the Executive......minal Revision No. 285 of 1982. Those papers show that the Cantonment Board did not treat the premises as an abandoned property; rather the Board mutated the appellant as owner of the property; the Director, Military Lands and Cantonment, by letter dated 4 December 1981 addressed to the Naval Head..Category: Tenancy Law | Date: | Hits: 108
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
.... the functions of the District Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 939. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior ......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....r fact in which the question of jurisdiction is not involved vide Valakrishna Udayar vs. Vasudeva Aiyar, 22 C.W.N. 50 (PC). The Privy Council further pointed out in the case of Venkatagari Vs. H.R.E, Board, Madras AIR 1949 (PC) 156 that mere fact that the decision of the Courts below is erroneous in......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ses are found to be independent and disinterested persons having no grudge or enmity with the defendant whatsoever. Of them P.W. 4, aged about 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's hous...... 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. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....about the tale on 24th June 1953 and moved an appeal before the Commissioner, Chittagong which was dismissed on 18th November 1953 on the ground of limitation. His revisional application before the Board of Revenue was also dismissed on 7th December 1954 Plaintiff was therefore, obliged to file th......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)
....matullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connection the appellant filed an order of the Board of Revenue setting aside the sale at his instance. That order is Ext. 5 dated 30 January. 1960......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..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ondent Company, they can be different further, the compromise decree was passed on the basis of a compromise petition which was signed by both the parties. No less a person than the Chairman of the Board of Directors of the respondent Company having signed the petition and having sworn an affida......mpany, they can be different further, the compromise decree was passed on the basis of a compromise petition which was signed by both the parties. No less a person than the Chairman of the Board of Directors of the respondent Company having signed the petition and having sworn an affidavit annex..Category: Banking Law | Date: | Hits: 121
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....ioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 shares have been allotted to other share-holders wit...... 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given them any notice of the meeting of the company or of the Board of Directors. It is alleged that the 1700 shares have been allotted to other share-holders without offe..Category: Company Law | Date: | Hits: 195
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