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....unit M/s Drums Metal Ltd. together with its existing assets and a liability of Tk.36,297'84 only with the Agrani Bank, Local Office, Dhaka. A down payment of Tk. 22 lacs having already been made, the balance amount of Tk. 69,00,000'00 was to be paid in 9 equal yearly installments (which means that t......w for the time being in force or in any contract, at any time, enter upon the demised land or building and recover vacant possession (underlined by me). Thus the Agreement for sale which has been the sheet anchor of the appellant’s case is of no avail to it in any view of the matter once the perio..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....nd that the defendant came to possess the suit land on and from the same date with the knowledge of the plaintiff, Alauddin executed and registered sale‑deed No. 12145 on 11.7.75 upon receiving the balance consideration of Tk. 5,000'00. The deed of the plaintiff is false, collusive, without consid...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
.... were declared hostile by the prosecution who, however, cross‑examined them under section 154, of the Evidence Act. It appears, it is the evidence of these hostile witnesses which tilted the balance of evidence in favour of the prosecution providing sufficient corroboration to the evidence......s killed and in that connection Idris Fakir received a fatal blow but nobody saw who had been the assailant. On this allegation a separate case was instituted in which police submitted charge‑sheet against some persons most of whom are prosecution witnesses in the instant case. 3. A..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....e goods had already been despatched to other destinations beyond the octroi Unlit. The respondent, after some hesitation, accepted this reduction and requested the appellants to make payment of the balance, The Controller, however, raised fresh objections saying the entire payment became time......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ution thereof in Execution Case No. 721 of 1935 auction purchased the holding for Rs. 25/‑. Abdul Hakim and others amicably gave up possession of Schedule 1 land after obtaining remission of balance of decretal dues and being sentenced to jail in a murder case left for Arakan and other pla......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ...... a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2. Following an FIR by the Deputy Director of the Bureau of Anti‑Corruption on 8.1.1991 charge‑sheet was submitted on 17.2.91 and the court took cognizance on 23.2.1991. Charge was framed under s..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......of release Ext. 7 was actually a deed of transfer although he made a finding that CP Satyendra made transfer of agricultural land by way of deed of release". From the order‑sheet (Ext‑5) of the Misc. Case No. 1 of 1962‑63 of the Act, it appears that one Mr. Ra..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
.... the Bangladesh Shipping Corporation it had to furnish Indemnity Bond and took delivery of cement to the extent of 4000 metric tons only. Later on M/s MA Baker did not turn up to take delivery of the balance cement in spite of repeated calls. 4. A dispute was raised by the Bangladesh Shipping Cor......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......other valuable articles worth about Tk. 9,910/‑ Upon information lodged by PW 1 to the local police station on the following day police took up investigation of the case and submitted charge sheet against the appellants under sections 448/380/307 of the Penal Code. 4. At the trial be..Category: Criminal Law | Date: | Hits: 60
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......implicated co‑villager Abul Kalam and Zahura Khatun's sister's husband Manju and another sister's husband Abdur Rahman. Police after investigation dropped those persons from the charge‑sheet and submitted charge sheet against the three accused appellants. 3. The defence case i..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......r book was prepared containing the additional evidence as prayed for by the plaintiffs and the documentary evidence adduced by them. He, however, drew our attention to a certified copy of the order sheet dated 15.7.85 of the Subordinate Judge, Chittagong from which it appears that the plaintiffs..Category: Procedural Law | Date: | Hits: 122
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... dated 13th November, 1976 of the Bureau of Anti‑corruption communicating the decision of the Chairman of the Co‑ordination Central Cell for National Security that a charge‑sheet be submitted to Special Military Court No. 1, (3) the charge‑sheet dated 29th November,..Category: Constitutional Law | Date: | Hits: 365
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......on on 2.9.82 Md. Ejahar Ali, a non‑appealing accused, made a confessional statement before PW 12 SM Jahrul Islam, Magistrate, 1st Class, Jessore. After completion of the investigation charge sheet was submitted against the four accused ‑appellants along with the confessing accused Ez..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....re entitled to enjoy the usufruct of the wakf property after meeting expenses for charitable, religious and other purposes. Thus leaving aside the land for the expenses for charitable purposes, the balance of the Wakf properties are to be divided into three parts representing the heirs of the th......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......d December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to show cause as to why he s..Category: Labour and Industrial Law | Date: | Hits: 144
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... dealt with the matter and came to the conclusion that the Government never treated the properties comprising shares. There is nothing to show that the Government exercised the power to acquire the balance ten per cent of the shares of the Company which was admittedly held by a Bangladesh citizen ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......d the Firm to mix earth and dust in the cod and to give delivery of lesser quantity. Assistant Inspector, Anti-Corruption himself took up investigation of the case and on 15-5-69 submitted a charge-sheet against the appellants under section 417-109 of the Penal Code and section 5(2) of Act II of 1..Category: Anti-Corruption Laws | Date: | Hits: 225
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
....that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ......ants could not show any licence in respect of the incriminating articles. The Officer-in-Charge suo motu lodged a First Information Report and after completing investigation submitted a charge-sheet against them. Besides the complainant P.W.I, four other witnesses, namely, P.W. 2 Syed A..Category: Criminal Law | Date: | Hits: 64
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......e for arrears of rent, the tenure or holding is to be sold, which means that the land is affected by the notice, and therefore, rule 6(b) can be resorted to, if personal service has failed. The order sheet of the certificate proceeding clearly shows' that personal service of notice under section 7..Category: Property Law | Date: | Hits: 82
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