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Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......e Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk. 75.000/- only and the latter transferred his rights, title and interest in the suit properties to Rangapani Tea Co. Ltd. Without mentioning the mortgage the ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......he Court of Settlement in Case No. 160 of 1987. The said writ petition was disposed of making observation that the findings and remarks in the said case No. 160 of 1987 would not effect the claim and interest of the respondent No.1 in the holding. As regard the other relief i.e. relief sought agains..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......quot;, that the respondent Nos. 3-5 and their members in the Parliament "took oath of allegiance to abide by the Constitution and thereby to represent the people in the Parliament for greater interest of the people yet, they are not attending the Sessions for performing public duty which is..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......n. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage" along with some income derived from "interest on Government securities" and from "business" by selling of forms Appe..Category: Fiscal/Taxation Law | Date: | Hits: 102
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......dinance XXVII of 1961 having brought in giving retrospective effect and the deed of the Respondent being executed during such period of retrospective operation, the Judgment debtor had no saleable interest in the suit land to be transferred by subsequent court-sale - Per Shahabuddin Ahmed J.&hel..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ......elying upon the case of Keramat Ali Vs. Muhammad Yunis, 15 DLR 120 SC held that the amendment of pleading may be allowed at any stage of the suit provided such amendment did not prejudice the interest of the other party nor it would change the nature of the suit. The Court observed as follo..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... Y." The wording of the rule shows that the appellate Court may pass any order to do complete justice in disposing of the appeal. This power must be exercised in the interest of and to further ends of justice. Contention of Mr. Chowdhury is that the application of..Category: Property Law | Date: | Hits: 38
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......r car parking space. Even then the market authority maintained car parking space out side the market building keeping the courtyard vacant. 5. The respondent Nos. 3 and 4 for their own interest tried to evict the shop owners from their shops in different occasion but could not succee..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......rried her and subsequently executed a kabinnama, but due to unhealthy pressure put upon him by his relations he falsely denied the marriage. She strongly submits that the High Court Division in the interest of justice has rightly decreed the suit. 9. It appears from the impugned judgment that a..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......y opportunity to the plaintiffs to place their case in support of the trial court's order. 8. On consideration of the disputed question raised by both the parties the trial court in the interest of a fair settlement of the issue whether defendant No. 1 Sakina Bai is dead or alive dire..Category: Procedural Law | Date: | Hits: 96
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ng in Ext. F is not the genuine signature of Barada Kanta Chakravarty, that defendants failed to prove Ext. E by competent witness and that on the basis of Ext. F defendants have not acquired any interest in the land of plot No. 685, that there is no evidence from the side of the defendants that..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......pect of the suit fisheries. He further submits that the learned Judges in disposing of the appeal neither affirmed nor set aside nor even modified the order appealed against and as such in the interest of justice the impugned judgment is liable to be set aside. 7. Mr. M. Nawab Ali, le..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297.......uit denying the case of the plaintiffs. The common case of the defendants is that the suit land having been finally acquired as far back as in 1941, the plaintiff did not acquire any right, title and interest therein by virtue of their alleged purchase and they had no locus standi to maintain the ..Category: Tenancy Law | Date: | Hits: 124
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......llant that the defendant appellant having already paid the admitted principal decreetal amount of Tk. 2,24,72,280/- to the plaintiff but by the decree the appellant has been illegally saddled with an interest at the rate of 18% without any basis or supporting materials and the date from which the in..Category: Civil Law | Date: | Hits: 88
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ......mal J.- The question raised in this appeal by leave by the plaintiff appellant Sonali Bank is, whether in the instant mortgage suit for sale the plaintiff is also entitled as of law to a decree for interest both pendente lite and till realization of the decretal amount. 2. The appellant Ba..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274....... in the suit land. 4. Defendant No. 1 alone contested the suit contending, inter alia, that the suit was not maintainable as framed and it was barred by limitation. He also denied right, title and interest of the plaintiff in the suit land. His further cases is that before partition of India, Nog..Category: Tenancy Law | Date: | Hits: 163
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......l, preferred by the appellant, the appellate court set aside the order of trial court and allowed substitution of the appellant in the suit under order 22 Rule 10 C.P.C holding, inter alia, that an interest being devolved upon the appellant he is entitled to contest the suit as a defendant under..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ...... is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-interest of the defendant Nos. 1-8 who had no interest therein managed to get his name recorded in ..Category: Procedural Law | Date: | Hits: 63
Most. Fatema Khatun Vs. Md. Golam Mostafa and others, 2002, 31 CLC (AD)
....e same in accordance with law. The appeal is, accordingly, disposed of with the aforesaid observation. No order is made as to cost. Ed. This Case is also Reported in: II ADC (2005) 146. ......rt which is a total misdirection under a misconception of facts and law and for which judgment of he High Court Division is liable to be set aside and the same is set aside. 14. In the interest of justice and equity the learned trial court is directed to decide the suit in accordance..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ......ent of the compensation in Form-J under clause (aa) of section 7. But the records show that no step for obtaining the approval of the Government was taken in the case of appellant. 23. It is interesting to note that the notice of the assessment under section 7(aa) to the appellant was del..Category: Property Law | Date: | Hits: 28
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