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Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......e of P.W.1 and found the dead body of Bazlur Rahman in his court-yard. He recorded an Ejahar on the statement of P.W.I, held inquest on the dead body, investigated the case and submitted charge-sheet against the appellants and 15 others under various sections of the Penal Code including sect..Category: Criminal Law | Date: | Hits: 49
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
.... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135......depositing rent was itself dismissed for default on 18.1.88 and though it was restored on 7.7.88, the deposits made during this period were not deposits in the eye of Law. We have perused the Order-sheet of the House Rent Case No. 54 of 1984 along with the copies of Receipts of monthly deposits al..Category: Property Law | Date: | Hits: 45
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... was altered to Taka 30.000/- both in figures and words,, by the appellant, the Assistant Accountant of Sonali Bank, Sirajganj Branch, in collusion with the contractor. After investigation a charge-sheet was submitted against the appellant and the contractor, Firozur Rahman. 3. The Ministry o..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....J A.T.M. Afzal J Abdul Jalil.................Petitioner Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain wit......er proceeding of Misc. Case No. 233 of 1985 till 22.11.87. This stay order has been extended from time to time and leave was actually granted on 20th June, 1988. It appears from the copy of the order sheet of Misc. Case No. 233 of 1985 that the auction sale took place on the appointed date i.e. 14.9..Category: Property Law | Date: | Hits: 30
.....-(1) For every Union Parishad there shall be formed a fund which shall be known as the Union Fund.
(2) To the credit of a Union Fund formed under sub-section (1) shall be placed—
(a) the balance of such fund as on the coming into force of this Ordinance is at the disposal of the Uni......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
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Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....lems that arc likely to be created in the matter of administration in that particular office or organisation before allowing a prayer for temporary injunction. This is an aspect of the principle of balance of convenience and inconvenience of the parties before the court. 7. In the instant cas......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... his readiness and willingness to perform the obligations undertaken by him are proved…….(13) As the plaintiff-respondents have successfully proved their readiness and willingness to pay the balance of the consideration money within the stipulated period of time, there being no controversy ......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....s Ordinance provides as follows:— "(2) Upon the repeal of the said Act,— (a) all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash and bank balance, funds, investments and all other rights and interests in, or arising out of, such property,...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....on." 4. At the time of bearing, our attention was drawn to the fact that each of these three Jute Mills maintained their accounts separately. The profit and loss account and the balance-sheet are prepared separately by each Mill and each of the Jute Mills has been authorized s......ervision of the works of these three organizations. The Audit of U M C. Jute Mills where the plaintiff was employed revealed certain gross financial irregularity for which the plaintiff was charge sheeted as to show cause why disciplinary action should not be taken against him including dis..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....g of fact of both the courts below was that the partnership firm was dissolved on and from April, 1967. Admitted fact is that out of Tk. 20,000/-Tk. 6,000/- was only paid as per stipulation and the balance Tk. 14,000/- was not paid until 1975 and she has not enchased either; that the plaintiff and......ess: Running of restaurant on Chinese pattern. Total income is determined at Rs. 13,500/- for the year in consultation with the advocate present vide his consent recorded in the margin of the order sheet as a token of agreement. Total Income Tk. 13,500/- ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....ould not lake possession of the suit premises by evicting the plaintiff appellants there from. Noor Mohammad Bepari did not, however perform his part of the contract in spite of tender of the balance consideration money and requests of the plaintiff appellants. No suit for specific performa......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ecord a declaration that summons has been duly served. Mr. Rafiq-ul-Huq has contended that a specific and separate declaration is required to be made by the court and that mere recording in the order-sheet that 'summons has been served' is not sufficient compliance of this mandatory provision In sup..Category: Procedural Law | Date: | Hits: 93
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......in a procession and raided the house of Nurul Huda at about 9 P.M. of the relevant day. They were carrying mashals, kerosene oil canes, lathis and daggers. They forcibly broke into a number of C.I. sheet huts of the house and took away many articles and then set the huts on fire after sprinkling..Category: Criminal Law | Date: | Hits: 66
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....uit house; that the plaintiff had assured to execute the kabala after obtaining a Nadabi from his aunt; that the defendant paid Tk. 7100/- in all upto February, 1963 and was willing to pay the balance and that he was in possession in part performance of the contract. On this averment the sui......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... bills of the Receiver pursuant to the Court's order dated 29.1.77. It is further ordered that the D. Hrs. do furnish an indemnity Bond as well as Bank Guarantee in respect of the Receiver's balance bill money amounting to Tk. 41,12,365/27 within 60 days from date". 3......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
.... Defendant-respondent No. 2 deposited in the plaintiff-appellant's account in Holland U.S. dollar 149,986.14 only instead of U.S. dollar 200,472. 80 being the total amount of freight leaving a balance of U.S. dollar 50,576,60. In spite of several reminders and lawyer's notice respondent did......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute and register a deed of sale within one year on receipt of the balance of the consideration. On his failure to execute and register the said deed as agreed upon ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ed of on merit but it was simply filed as being withdrawn. The Code of Criminal Procedure, 1898 (V of 1898) Section 173 Charge Sheet and Final Report Words ‘final report’ or ‘charge sheet’ do not occur in section 173 Cr.P.C. under this section the police on completion of the inve..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ges upon the credibility of the witnesses, then unless there is some special feature about the evidence of a particular witness which has escaped the trial Judge's notice or there is a sufficient balance of improbability to displace his opinion as to where the credibility lies, the appellate......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......ratia tenancy ceased to exist when the structures were destroyed by fire. He then took lease of the vacant suit land under a written agreement at the monthly rent of Tk. 15/- and constructed a C.I. sheet hut thereon with his own materials, to which he added a pucca privy later on. The new tenanc..Category: Property Law | Date: | Hits: 39
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