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Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... of auction purchaser in the money sale was barred and Section 73 of the Banking Companies Ordinance, 1962 was applicable; 3. Whether the suit was barred by res-judicata; 4. Whether the orders of Courts below have in effect set aside the leases as a whole, part of which was not und..Category: Banking Law | Date: | Hits: 103
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ordance therewith, such a case will fall within the exception and such a decree would not require registration, the words "and not being decree and order" in section 50 obviously refer to decrees and orders which are exempted from registration under the amended section 17(2) (vi). It is a question o..Category: Property Law | Date: | Hits: 49
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....j Jute Baling Company Limited were offered as security. The present controversy has been created by the taking over of the appellant company along with the jute stocks by the Government in 1971, vide orders dated 4. 2. 72, Ext. D series. After taking over the company's management and control the Gov..Category: Civil Law | Date: | Hits: 110
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ness. The learned Judges have correctly construed this provision and observed that "again in both the cases it is mandatory on the Court to either declare that the summons has been duly served or orders such service, as it thinks fit". Contention of the learned Advocate for the appellant that th..Category: Procedural Law | Date: | Hits: 93
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....7 of the Code of Civil Procedure annexing certified copies of application for separation of the old jama which was registered as Mutation Case Nos. 1367(IX-1) 1977-78 and 1368 (IX-1)/1977-78, orders separating the old holding in the same mutation cases and the new Khatians bearing Nos. 3067..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... 4. The matter came up before the High Court Division in C.R. No. 692 of 1982. The learned Single Judge took the view that the decree-holder "have been setting contrivances to get out of the orders already passed for payment of the Receiver's lien." It was further viewed that the..Category: Property Law | Date: | Hits: 39
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....ve language of Foot, where the brain which controls the operation of the Company is situated" (Cheshire Private International Law, 1938 Edition at page 198). Admitted position is that the orders were received from the Chittagong Office and the Labour Court had noticed: "..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....claim and that the amount of counter-claim is greater than the claim made in the plaint, plaintiff-appellant prayed that the counterclaim should be disallowed. The trial court, however, passed orders entertaining the counter-claim as an equitable set-off in the suit. Plaintiff-appellant..Category: Civil Law | Date: | Hits: 95
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....ions 121 and 122 read with 128 make it clear that section 150 is intended to be decisive. In this view of the matter the opinion is that the transferee court has jurisdiction to pass necessary orders in case of violation of an injunction order passed by a Court other than when such matter h..Category: Others | Date: | Hits: 93
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....ordinate Judge passed the order of abatement of the suit suo motu on November 24, 1977. An application for review of this order filed by the appellant was rejected on February 14, 1978. Against these orders the appellant moved the High Court Division which by its afore-mentioned order in the civil r..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....der, the learned Judges of the High Court Division sought justification on the grounds stated in the judgment. They are quoted below: "What has deeply perturbed us is the manner in which the orders of the court are sought to be ignored and the scant regard with which they are being treated..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....that he purchased this land about 20 years ago. His witnesses deposed and they were cross-examined. It was a summary trial. The learned Magistrate by his order dated 25.5.77 recorded the following orders: "Judgment delivered. I do not find the accd. Persons guilty u/s 42..Category: Criminal Law | Date: | Hits: 41
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....section 74 of the Ordinance it appears to us that sub-section 1 contemplates suits for compensation against the Corporation of its officer by a plaintiff who may be aggrieved by any of their orders. Similarly sub-section 3 of section 74 of the Ordinance contemplates suits for recovery o..Category: Employment/Service Law | Date: | Hits: 63
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
.... department for administrative convenience with immediate effect. It is, therefore, requested to arrange for his posting in his parent department and inform this department immediately. So that orders of his release from the post of Circle Officer Development may be issued by this Department..Category: Employment/Service Law | Date: | Hits: 105
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....t Nos. 1 & 2 (In Civil Appeal No. 123 of 1982). Ex-parte - Respondent Nos. 3 to 11 (In Civil Appeal No.123 of 1982). Civil Appeals Nos. 103 and 123 of 1982. (From the judgment and orders dated 2.4.82. and 2.7.82 passed by the High Court Division in Civil Revision Case Nos. 1147 o..Category: Property Law | Date: | Hits: 122
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ection 151 CPC which was dismissed by the learned Subordinate Judge by order dated 28.1.89. 5. The appellants filed Title Suit No. 378 of the same Court for a declaration that the aforesaid orders dated 29.9.88 making the "so‑called" award a Rule of the Court and the subse..Category: Others | Date: | Hits: 88
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....ding pending. 9. The second party-respondent challenged the final order dated 25.6.88 on the ground that the preliminary order dated 5.10.87 was passed without jurisdiction and therefore all orders subsequent to the preliminary order will fall through. The fact that the second party suffe..Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....April, 1982 defendant Nos. 2 and 3 filed two applications for setting aside the ex partee decrees under Article 3 of the Bangladesh (Legal Proceedings) Order, 1972 (PO No. 12 of 1972). By separate orders Dated 30th April, 1982 those applications were allowed, the decrees were set aside and the s..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....aring further that the property, Holding No. 7 Wiseghat, shall remain as vested property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having m..Category: Property Law | Date: | Hits: 36