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Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....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. ...... 1000/-; that the price has to be paid in installment of Tk. 5000/-; that on 14.8.56 the plaintiff accepted Tk. 1000/- as earnest money; that the plaintiff told the defendant to keep the transaction secret as his aunt Nalins kusim was his co-sharer in the suit house; that the pl..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....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. ......receiver vide court's order No. 321 dated 29.1.77. This amount also as record speaks remains unpaid". The Executing Court, however, noticed the challenge that was giver to the receiver's action as being unauthorized and without approval of the Court. The Court took the view that the Sh..Category: Property Law | Date: | Hits: 39
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......diction and for an order to reinstate the respondent with all back wages and costs. The Labour Court, Rajshahi repelled the contention of the appellant on the point of jurisdiction namely, that all action had been taken by the Company from its Chittagong office where registered office i..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;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. .......Respondents Judgment August 10, 1983. The Civil Procedure Code, 1908 (V of 1908) Order 8, rule 6 Counter Claim The counter claim arising out of the same transaction even if is in excess of the claim of the plaintiff as per the plaint, such counter claim is ..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not proved to the satisfaction of judicial conscience of the Court even if statutory requirements as to proof of exec..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... 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. ...... property is held, occupied or managed by a person, where such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971. (2) Where by reason of any action taken under clause (1) any person has ceased to be entitled to possession of any abandoned ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ...... it was made without jurisdiction. Violation of any order of the Appellate Division shall be dealt with by that Division and the High Court Division, in such a case, has no competence to initiate any action………………………………(13) Lawyers Involved: M. Nurullah, Advocate instru..Category: Anti-Corruption Laws | Date: | Hits: 113
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......am Vs. Surajmal and others where it has been held: "The powers of the High Court under section 115 CPC are wide and it has been held by the Calcutta and other Courts that action can be taken under this section even without application by the party aggrieved". ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. .................Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......, Movement BADC and Movement Officer, BADC, Narayanganj. Plaintiff-respondent forwarded a photo copy of the application to the Chairman, BADC and Member-Director (Supply) BADC for taking necessary action. Subsequently, Darwan filed a criminal case against the Officer above-mentioned in the ..Category: Employment/Service Law | Date: | Hits: 63
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......il Court had passed an order regulating possession of the disputed premises by way of an ad-interim injunction against the first party, the learned Metropolitan Magistrate was not competent to take action under section 145 Cr.P.C. The learned Judge ultimately observed; In the present ca..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......ted below: "2. Suit to include the whole claim.—(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim in order to bring the suit within ..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......he respondent was appointed for a fixed period with suffix 'temporarily', but as the order of appointment shows that "the respondent was appointed for the life of the cadre itself not for a fraction of that period of the cadre" "the word 'temporarily' used in Annexure 'B' cannot b..Category: Employment/Service Law | Date: | Hits: 105
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......t became functus officio after executing the decree and putting him into possession and as such the court got no further jurisdiction to entertain any objection as to execution, discharge or satisfaction of the decree. The Executing Court dismissed the Miscellaneous Case, holding, among other th..Category: Others | Date: | Hits: 97
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......f September 1980 till the filing of the suit on 25.9.83. As such the plaintiffs failed to prove any default of payment of rent before filing the suit on 25.9.83. So, in my view, there was no cause of action before filing TS No, 432 of 1983 on 25.9.83." 14. From the above it is clear that the lea..Category: Tenancy Law | Date: | Hits: 101
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ...... plaintiff‑respondents conceded that his clients have got no case for properties Nos. 2 and 4 of ka schedule and kha schedule lands which were auction purchased by Jobeda and for which no action was taken by plaintiffs for these long years. The learned lawyer for the pl..Category: Property Law | Date: | Hits: 28
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......ation Act, 1908. In support of their contention the appellant relied on Main Kamal Din Vs. Malik Muhammad Bashir, PLD 1952 Lahore 456 wherein it was held that once a party receives intimation of an action it is for him to pursue it and to keep himself in touch with the proceedings, either persona..Category: Procedural Law | Date: | Hits: 104
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......ange. Respondent No. 2 by Memo No. 419 XVII-318f73 Exchange dated 13.8.73 (Annexure E) sent the petition of the appellants to the Additional Deputy Commissioner (Rev.), Dhaka, for taking necessary action in the matter. 5. While the matter was pending consideration by the ADC (Rev.) Dhaka,..Category: Property Law | Date: | Hits: 36
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......om one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and the provisions of Article 17(1) of P.O. 27 of 1972, the Corporation's powers to take disciplinary action including power to transfer now stand beyond question. So judgement of the High Court Divisio..Category: Employment/Service Law | Date: | Hits: 143
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272...... (P.C)=461.A.1, the Privy Council observed that as a benamdar represents the real owner, and is so far as their relative legal position is concerned, a mere trustee for him, there is no reason why an action cannot be maintained in the name of the benamdar in respect of the property although the bene..Category: Tenancy Law | Date: | Hits: 106
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