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Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....ant Nos. 1 and 2 contended that the hip carrying cargo of cement arrived at the Port of Chittagong on 3rd May, 1964 and discharged its cargo. They are not liable for the loss. The suit was decreed on contest. On appeal the High Court Division reversed some of the findings of the trial co......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....li Fakir & another.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. I......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....lur Rahman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The Court is not bound to grant suc......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ct itself but the matter of awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered to grant interest from the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....drul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order in Civil Revision No. 682 of 1982 making the rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those of the trial court. 2. Plaintiff i......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
...., Senior Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 112 of 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 19...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....remises with the permission of the owner who allowed it to be requisitioned by the government. The property is still under acquisition. The suit is for the declaration that the impugned compromise decree is void but not for declaration of plaintiff’s title by adverse possession. So the pla......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)
.... the Partnership Act the appellant filed an application for amendment of the plaint by way of substituting the abovementioned relief quoted earlier in the judgment by the relief as follows: "(a) A decree for dissolution of partnership firm "Mahabir Cinema Company" and "Rupchhaya Cinema Hall" be......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
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ne from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding under Order IX rule 13 do not become infractuous if otherwise found maintainable.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....d 148 pending against the plaintiff started by the defendants and its view was that the trial court was not justified in dismissing the suit, and accordingly the appeal was allowed and the suit was decreed declaring that the impugned kabalas dated 24.5.73 executed by the plaintif...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....es to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if— (a) the Court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitt......is sent back to High Court Division 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) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....hat the appellate Court had not given conceiving reason to the discard the evidence of the P. Ws.” This appeal being Other Appeal No. 310 of 1965 was disposed of on 15.8.70. The judgment and decree of the trial court below was again affirmed by the appellate Court below. On Second......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. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....irected against the judgment and order passed by the High Court Division in Civil Revision No. 692 of 1982. Facts are as follows: 2. The appellant Abdullah Welfare Trust got a decree against the Dhaka Nowab Court of Wards Estate on compromise in Title Suit No. 130 of 1957. T......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
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ther held that the tenancy was duly terminated by a notice under section 106 of the Transfer of Property Act on the ground of non-payment of rent both before and after the transfer and on that ground decreed the suit by judgment dated 18 August 1981 and directed ejectment of the defendants. A learne......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
.... S.R. Pal, Senior Advocate, instructed by Kaiseruddin Ahmed, Advocate-on-Record—For the Respondent Nos. 1 & 2. Civil Appeal No. 92 of 1983. (From the judgment and decree dated 6.12.1982 passed by the High Court Division, Rangpur Bench in S.A. No. 1355 of 1968.) ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....1981. 2. Briefly the background of the case is as follows: Plaintiff-respondents filed Other Class Suit No. 28 of 1962 for permanent injunction in the Court of Munsif, Kishoreganj. The suit was decreed. On appeal by the defendants the appellate Court below set aside the judgment and decree of ...... 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
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....plaint in a cross-suit so as to enable the Court to pronounce a final judgment in respect both of the original claim and of the set-off, but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree. (3) The ......;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
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... District Judge on consideration of evidence led by both the parties held that the execution of the will was satisfactorily proved as the last will of the testator and on that finding passed a decree on 27 February, 1978 granting probate of the will. But on appeal by defendant Krishna Moni D......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. ..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
....nt. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 99 of 1983. (From the Judgment and decree dated 9.12.82 passed by the High Court Division in F.M.A. No. 332 of 1981.) Judgment...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....y and Mohammad Yunus Abdus Sattar ceased to be directors/share-holders of the appellant company prior to 1969. 5. The aforesaid suit for foreclosure and sale of the mortgaged properties was decreed ex parte. Decree-holder Sonali Bank put the decree in execution in Title Execution Case No......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
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