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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....th the trial Court and the appellate Court, namely the High Court, on a finding that the acts of the defendants amounted to actual ouster of the plaintiff, decreed the suit allowing the plaintiff s prayer for joint possession with the defendants, in the alternative, granting injunction to restra...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....unsel appearing for the plaintiffs argued that the Courts below have made a wrong approach throughout by taking the view that it was suit for easement under the Easements Act without noticing the prayer in the plaint that it was a customary right that the plaintiffs were claiming. The point is......y virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, bu......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....ff prayed for an order of temporary injunction restraining the defendants from giving effect to the said order of reversion and also from taking over charge from him. 3. Defendants opposed the prayer for temporary injunction raising, amongst other, the plea that the impugned order had already......njee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to t......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......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
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....mprove its position and could not implement the Scheme. Its banking business was totally stopped under an order of the State Bank. The Scheme of Arrangement expired on 6th June, 1954 and the Bank's prayer for extension of time was rejected by the High Court. Ultimately, on an application filed......is special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the windin......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
.... respondent and assessed his total income at Tk. 25,883/00 by his assessment order dated 12.3.1974. On appeal by the assessee the Assistant Commissioner allowed the appeal in part but rejected the prayer for rebate on account of investment in bonus share of Tk. 2,200/-. This order was challenged......the order of the High Court Division in application No. 1 of 1981 under section 66(1) of the Income Tax Act. 2. The respondent is an Income Tax Assessee and filed return of his income for the assessment year 1971-72 showing his total income at Tk. 15,045/- and claimed exemption of ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.....P. Act." 6. A part from invoking the doctrine of part performance as embodied in the aforesaid section, appellant’s Counsel vehemently argued that the appellants’ prayer declaration of title in the suit on the basis of adverse possession should have been gr......984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been prod......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. ......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
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar ...... allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....t receiver who however, could not perform his function as he died immediately thereafter. In the meantime a contractor pressed for his bill and by order No. 272 dated 25.5.76 the Court refused the prayer of the Contractor by observing: “This is a matter between the Recei&...... of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is ......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. ......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
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... suit land and accordingly they are entitled to the relief prayed for." 5. Judgment of the High Court Division was pronounced on 2.3.78. While admitting the appeal under Order 41 rule 11 C.P.C. no prayer was made for staying of the operation of the order of the appellate Court below. The appell........................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doin...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....ppeal by special leave arises out of the judgment and order passed by the High Court Division, Rangpur Bench in Criminal Revision No. 29 of 1982 discharging the rule issued therein and rejected the prayer for quashing of the Criminal Proceeding against the appellant in Criminal Case No. 20 of 198......y special leave arises out of the judgment and order passed by the High Court Division, Rangpur Bench in Criminal Revision No. 29 of 1982 discharging the rule issued therein and rejected the prayer for quashing of the Criminal Proceeding against the appellant in Criminal Case No. 20 of 1982 in Ra......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. ......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. ..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
.... and obtained leave to consider whether in the absence of any express provisions for making counter-claim in the Code of Civil Procedure which only provides for set-off in Order 8, rule 6 the prayer for counter-claim made, by the defendant-respondents in the plaintiff's suit is not entertai......ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N......;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. ......;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
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stay of operation of the order. 5. On October 7, 1980, the High Court Division, after hearing the Rule issued upon the application for stay, marked as Civil Rule No 1284 (FM) of 1980, allowed the prayer for stay of the operation of the order till October 9, 1980 to enable the plaintiff-responden......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......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. ......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. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
.... parties to maintain status quo which order was made absolute on December 2, 1980 and in the application for appointment of receiver an order to issue notices was passed. 4. So far as the prayer for appointment of receiver was concerned, respondent No. 1 expressed grievance that after t.................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....sp; Chowdhury ATM Masud J.- This appeal by Special leave is directed against the rejecting the appellant's prayer for adding him as a party in a proceeding under section 491 of the Code of Criminal Pro...... The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should b...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......he said Chandana Rani Deb Nath, aged over 16 years, has embraced Islam and re-named as Nadia Begum, his legally married wife and he has vital interest in her release and he being the husband of the detenue, is entitled to get her in his custody after release. 3. The learned Judges of the..Category: Criminal Law | Date: | Hits: 58
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a ......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......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. ......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. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... under section 145 of the Code of Criminal Procedure. On receipt of the petition the learned Chief Metropolitan Magistrate on 5.1.1983 passed the following order:— "Seen the prayer of the petitioner. u/s 145 Cr.P.C. petitioner is directed to furnish connected papers ......eanwhile the appellant's lease was cancelled and the 2nd party respondent in collusion with the Railway employee of the Divisional Estate Office at Pahartali, Chittagong, secured a demand note for the land issued in the name of the 2nd party respondent, who paid the arrear licence fee for th......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. ......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. ..Category: Criminal Law | Date: | Hits: 75
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....tten objection on the ground, first, that papers could not be collected and secondly, that there was flood, which were allowed. On 15.9.88 the appellants prayed for time for the fourth time but the prayer was rejected on the ground that they failed to file their written objection Within 30 days ......the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No. 378 of 1988 rejecting the application filed by the defendant-appellant under Order VII, rule 11 (d) of the Code of Civil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be dis...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
.... the plaintiff’s case and rejected the evidence of the defendants' witnesses. 6. The appellate Court upheld the trial Court's decree with regard to Plot No. 802, but dismissed the plaintiff’s prayer with regard to the other plot, namely, Plot No. 784, after finding that the plaintiff failed ...... District Judge Dinajpur, dated 28.7.1973 and restoring those of the Munsif, Dinajpur passed in OC Suit No. 162 of 1969 decreeing the plaintiff's suit. 2. Plaintiff-respondent No. 1 filed the suit for permanent injunction for restraining the defendants from entering into CS Plots Nos. 784 and 802......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....quo;Kha' schedule to one Naba Dhupi, The other brothers were either attesting witnesses or identifiers of Mali Miah in the mortgage deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to be added as parties to the suit was not allowed. There was a mort......y leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. The trial Court fully decreed the respondents' suit for partition and khas possession on declaration of title to the suit land of 'Ka' Kha', 'Ga' and '......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. ......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. ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ered Tk. 15, 00,000.00 for the disputed property but her tender was not accepted. Subsequently, however, she offered to pay the highest 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 d......the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has su...... the petitioner 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. ...... the petitioner 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. ..Category: Criminal Law | Date: | Hits: 57
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