Judgment search - Chancery Law Chronicles

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Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......(schedule 'A') belonging to Rama Nath Das. He also stated that at all material times he was in possession of the properties in suits, and the title deeds were in his custody but the defendant wrongfully took away the same during his short absence from Dacca between August 7, 1962 and Septem......etween the defendant and the plaintiff became strained when the plaintiff took a second wife and started living in a separate house, but the defendant continued to possess and maintain and manage her own properties by herself. According to her the suit, was speculative one. She also alleged..

Category: Property Law | Date: | Hits: 448

Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)

....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ......eding was initiated against him which is still pending. He, however, filed an application under section 34 of the Industrial Relations Ordinance, 1969 claiming subsistence allowance for 60 days and full wages with effect from 5.2.1974. Labour Court came to the conclusion that the DIT is a commerci......was initiated against him which is still pending. He, however, filed an application under section 34 of the Industrial Relations Ordinance, 1969 claiming subsistence allowance for 60 days and full wages with effect from 5.2.1974. Labour Court came to the conclusion that the DIT is a commercial est..

Category: Labour and Industrial Law | Date: | Hits: 108

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......maintain-ability of the application, under section 34 of the Ordinance became the pivotal ground upon, which the controversy during the hearing of the appeals and the same was debated before us in full force. Had the decision of the High Court been given merely on this point, no further complica...... and anr... …………….Respondents (in C.A Nos. 46 & 47 of 1978) Judgment January 9. 1980. Cases Referred to- General Manager, Hotel Inter-Continental Vs. Chairman, Second Lab-P65our Court, Dacca, 28 DLR 160, Railway Men..

Category: Labour and Industrial Law | Date: | Hits: 91

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ...... For the reasons stated above the appeal is dismissed with cost. Ed. ......e fulfilled by the tenant, he gets the protection, otherwise the protection from ejectment on ground of default in payment of rent granted by the Ordinance is clearly taken away by the express language of sub-section (5) of section 18, In that decision it has also been held that enquiry about com�..

Category: Tenancy Law | Date: | Hits: 116

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ....... 5. It has been alleged that one of the original tenants in the disputed property was one Mrs. Jahanara Begum who was the Proprietor‑ of Khohinoor Corporation. The appellant who is a full brother of the said Mrs. Jahanara Begum himself used to conduct the business there. Mrs. Jahan......ighest bid money of Tk. 84, 00,000.00 but the Ministry rejected her prayer. It has been alleged that the appellant having found no other way and in order to grab the disputed property illegally managed to bring the original owner Abdul Khaleque Bain, who is a Pakistani citizen, and got the afore..

Category: Criminal Law | Date: | Hits: 51

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......, by a Will executed on the 4th of June, 1921, gifted away all his properties to him and had given only a maintenance allowance to Mst. Wahudul Khatoon; (4) that Mst Sabhai was not the lawfully wedded wife of Moulvi Abdul Aziz; and (5) that Mst. Qaiser Khatoon was not the legi......cial Committee of the Privy Council in Great Britain had undoubtedly this jurisdiction and it had often exercised it. Thus in the case of Gujadhur Pershad Vs. The two Widows of Eman Ali Beg. 2 I. A. page 205, where the leave to appeal granted by the Judicial Commissioner of Oudh was clearly without ..

Category: Civil Law | Date: | Hits: 117

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......of voucher, Ext. 6, which was purported to have been signed by the appellant and on which two members of the Council endorsed a certificate. The learned Judge of the High Court observed that "knowing full well that he did not do the contract work according to the specification and stipulation, he su......lant, who was a contractor, was that by a resolution dated 22-3-61 Rokanpur Union Council, Kaliganj Police Station in the District of Jessore appointed the appellant to sink 3 tube-wells, one at Shibnager Hindu Para, one at Baliadanga Shaikh para and one at Chanchra Mat Para, at cost of Rs, 800/- ea..

Category: Criminal Law | Date: | Hits: 84

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......ient or guilty of subversive activities, corruption or misconduct, under rules made in that behalf by the President or a Governor, be suspended, compulsorily retired (whether he has reached the age of retirement or not), reduced in rank, removed or dismissed in accordance with those rules by..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......rt, of the plaintiff's claim, there was no basis for the learned Subordinate Judge to have been satisfied as to the plaintiff's dues from the defendants and to pass an ex-parte decree for the same in full. 7. The learned Attorney-General drew our attention to the plaint and submitted that the av......st the judgment and decree passed ex parte by the learned Subordinate Judge against the appellant. 2. The plaintiff filed the suit on 16.9.64 praying for a decree for a sum Tk. 1,99,567.00 with damages and interest on account of the works done by him on the facts stated in the plaint. 3. The p..

Category: Others | Date: | Hits: 103

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......arte hearing of the appeal, even if we were to agree with him that it was so. He has failed to tell us which particular aspect of the case has been missed by the learned Single Judge, and which, on a full-fleged argument by him, would have yielded a different result. For the reasons stated ab......st him was that he had thrown acid on Arif Mirza, because of his suspicion about his illicit connections with the appellant's wife. The acid, which fell on the face of Arif Mirza, caused extensive damage by burns, including the loss of his left eye, which had to be extracted. 2. The appellant..

Category: Criminal Law | Date: | Hits: 78

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......t before or after the commencement of the proceeding in which the judgment is given the company had notice through the Court of the bringing of the proceedings. In the present case this condition was fully satisfied, for, the Insurance Company was actually added as a proforma defendant, summons was ......Nos. 38-D of 1965 and 73-D of 1966. Judgement Hamoodur Rahman CJ.— Both these appeals arise out of a suit filed by the respondents herein for the recovery of a sum of Rs. 15000/- as damages suffered by them by the loss of their daughter, a girl of about 6 years in age, who had been ki..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......y had a first charge on the mortgaged property, the sale for its dues could be said to be free from all encumbrances and whether the High Court while reversing the decision of the trial Court did not fully consider the evidence with regard to the allegation that the mortgagor brought about a collu......n in the Bengal Municipal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage..

Category: Banking Law | Date: | Hits: 230

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......d by law. As to who is or who is not a "displaced persons" within the meaning of section 2(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVII of 1958) has since been fully discussed in a number of judgments of the High Court of West Pakistan, Lahore. We need mention......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..

Category: Property Law | Date: | Hits: 61

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... passed by the Artha Rin Adalat may file an appeal to the High Court Division. 7. Having regard to the facts and circumstances of the case and in view of the above cited decision, we are in full agreement with the findings and decisions arrived at by the High Court Division and as such th...... House Building loan of Tk.7,50,000/- on 12-11-1984 in favour of the petitioners for the construction of first and second floors on the existing one storied Commercial Building by a Registered Mortgage Deed No. 24047 dated 20-11-1984. Upon failure of the defendant-petitioners to repay the said l..

Category: Banking Law | Date: | Hits: 112

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ...... clause exists in the agreement, the Court should stay the proceedings of the suit and allow the parties to take the advantage of it and arbitration be held and if the arbitration could not be fruitfully concluded in that case only the plaintiff of the suit can claim that he is not debarred from ......n in the case of Food Corporation of India and another Vs. Yadav Engineer and Contractor reported in (1982) 2 Supreme Court Cases 25, the respondent Nos.3-6 are not debarred from getting the advantage of section 34 of the Arbitration Act 1940 because they did not file any written statement and a..

Category: Business or Commercial Law | Date: | Hits: 94

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......be given opportunity to produce fresh evidence, documentary or otherwise, to decide the issue. 11. In the case of Ghaznavi vs. Allahabad Bank Ltd. AIR 1917 Calcutta 44, a full Bench of the Calcutta High Court observed that the power to remand to the Courts below is not ......f arose to consider the grounds raised by the learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to General Manager (Commercial), Power Development Board, Dhaka and the same does not reflect any decision of th..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ave gone through the judgment proposed to be delivered by my learned brother Kazi Ebadul Hoque, J and I am constrained not to agree. My views would be as under: 3. The facts of the cases have been fully set out in the judgment of my learned brother. It is needless to repeat the same. 4. The ca......arises from the judgment and order passed in WP No. 779 of 1998 and Civil Appeal No. 38 of 1999 arises from those of WP No. 1282 of 1998. Writ Petitioner respondent No.1 Md. Yousuf Haroon, General Manager, Cargo Terminal was retired from service by order dated 22 February 1988 of the appellant No.1 ..

Category: Employment/Service Law | Date: | Hits: 186

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......they purchased on 25 March, 1974 along with other land belonged to one Ilias Miah son of Meherullah and said Ilias Miah died leaving wife Ful Banu, two sisters Rahima Bibi and Kulsuma Bibi and one full brother Younus who died leaving wife Gulesta Banu, two sons and three daughters The pre-emptor......f the quality of the evidence of PW 2 it can not be said that said witness has proved the pre-emptor’s claim that Kulsuma and Rahima are the sisters of Ilias Miah. PW 2 claimed that his marriage was registered and that he has the Kabinnama. But same has not been produced at any stage of th..

Category: Property Law | Date: | Hits: 55

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......bsp; 3. Facts, in short, are that at about 1-30 hours of the night to 14th May, 1989 convicts and others armed with deadly weapons encircled the house of Habibur Rahman and Motiur Rahman (full brothers) Accused Akkel Ali, Kashem Ali, Omar Ali and Delowar entered into the hut of Habibur ......as informed by his nephew over telephone on 14th May, 1989 about the incident and he came to Barisal on 15th May, 1989 and found his brothers in the Surgical Ward and then went to his house in village Darakhana and after hearing about the incident from his brothers wife (PW 11) and from his neph..

Category: Criminal Law | Date: | Hits: 76

Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......bit 2 was issued on 18-1-1974. In my opinion, the opposite party has been in a fix which path he will tread or which course he will follow in the matter of service of notice.” “I am in full agreement what has been submitted by the learned Counsel for the petitioner. The opposite part......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..

Category: Tenancy Law | Date: | Hits: 76

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