Search Options
Judgment Advanced Search
Displaying 2481-2500 of 2955 results.
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......ayment. (4) The Arbitrator passed the award on the basis of departmental recommendation and did not take any evidence. (5) The award was passed in violation of the principle of natural justice." 5. Appellant contested the suit claimin................................................Respondent. Judgment February 1, 1984. The Arbitration Act, 1940 (Act No. X of 1940), Article 3 of the First Schedule Time for award is four months When the arbitration proceedings continued beyond four month...... that the Arbitrator considered both the claim and counter claim of the parties it could not be said that the Arbitrator acted beyond the scope of reference. The main contention which arose for our determination was, however, with regard to the period of limitation of four months as mentioned in..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 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. ...... the Bank clearly shows that was the way in which interest was computed and charged in their account with the Bank. The defendants never, until after the 1st August, 1914, raised any objection to the principle of charging compound interest or to compound interest being charged by the Bank on their o......he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ......ment as abandoned property under the provisions of P. O. 16 of 1972, the agreement could only be enforced after complying with Article 9 of the aforesaid Order. Provisions of this Article require the determination of liability when any property is taken over by the Government as abandoned property. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....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. ...... nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of law. So no interference is warranted………………&he......dvocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. Asrarul Hussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. Civil Appeal No. 75 of 1983. (From the judgment and o......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)
.... 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. ......perty, it shall to be treated as between the parties...as personal or movable and not real or heritable estate." Commenting thereon Lindley in his "Partnership" stated as follows: "From the principle that a share of a partner is nothing more than his proportion of the penmanship assets a......ondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substance...... 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)
....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. ......t to a plaintiff. It was held that such a suit could not be said to be not maintainable on the ground that the benefit of section 53A was not available to the plaintiff. 14. The principle laid down in this case is also not available to the plaintiff-appellants as the suit was ......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. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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. ......s the amendment was merely in respect of relief sought, the question of changing the nature and character of the suit did not arise. 9. Syed Ishtiaq Ahmed, Counsel for the appellants, referred 10 principles enunciated in the following decisions as to when amendmend of the plaint may be allowed a...... 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 ......973." 5. In the petition for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was mentioned further that no new facts were b..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....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.......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.......2 of 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judgment Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule...... 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judgment Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule 19 ..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... 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. ......nge of the properties of the defendants or in consideration of the compounding of some non-compoundable criminal cases". The learned Judge kept in view the well-settled principle that it is against the public policy to make a trade of felony or compromise an offe...... it is a Criminal offence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchan...... 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
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......titute. It was held that the prostitute daughter would be the preferential heir rather than the son. The learned Judges followed the decision in Tara Munnee vs. Motee Buneance, 7S. DA. 273 and the principle were answered as follows: "Following the opinion of the Pundit, th......Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....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. ......ed the case for pre-emption on September 12, 1978. Appellants No. 1 and 4 contested the case by filing a written objection contending, inter alia, that the case was barred by limitation and by principle of waiver, estoppels and acquiescence. The case land was purchased by registered kabalas ......of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The ......Judges rejected the application for additional evidence by holding that it did not attract any of the provisions of Order 41, rule 27 of the Code. The learned Counsel contended that since the determination of the point raised by the appellants required the consideration of the documentary e..Category: Property Law | Date: | Hits: 34
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. ......exercised that what he had done was in excess of his discretion…………(12 - 14) This is a limit of his discretion. Receiver’s responsibility to account-principles to be followed passing accounts. Court’s duty in regard to of expenditure m...... 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. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......n appeal and revision. Nor such decision can be couched in a language when in fact situation obtaining in the facts and circumstances of the case actually attracts the provision of section 43. The principle is what cannot be achieved directly should not be allowed to be done indirectly. In this ......y appointing the committee………..(6) The order of the Administrator under section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....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. ......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. ......ertainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdul Hannan, Advocate, i...... order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 1981.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the respondents-tenants are entitled to deposit rent with the Rent Contro..Category: Tenancy Law | Date: | Hits: 166
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. ......t. Not only the Government failed to exercise its authority under Article 10 and did not cancel the contract, it did not even plead or establish to have exercised such authority. It is a well-known principle of law that a legal right unless its enforcement is barred under the provisions of law is ......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con......ation No. VII of 1977. Its provisions had no application also for the reason that the possession of the property was never taken by the Government. 7. Moreover, there are no provisions of law for determination by any Court of law as to the status of a property in respect of which there has been ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....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. ......t be proved before the Court will make such appointment. The plaintiff-must satisfy the Court that the property in possession of the defendant is in danger of being wasted. 11. Other legal principles in the matter of appointment of a receiver should also be kept in view. These principles.................................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. ..Category: Property Law | Date: | Hits: 45
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. ......revision ‘suo motu’ if the other conditions laid down in the section are satisfied." 10. In our view the aforesaid Full Beech decision has laid down the correct principle of law. In the present case High Court has considered the case on merits and has found t......d others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the ...... 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. ..Category: Property Law | Date: | Hits: 30
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......entertained on the same allegation against the same person whether it is filed by the same complainant or by a different complain-ant but only in certain exceptional circumstances. Grounds for this principle are two: (1) dismissal of a complaint or discharge of un accused is not "acquittal" within......ult: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challenged the Final Report by filing a naraji-petition, which was subseque......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ......e. The defendant contested the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed……&hellip......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. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......y tenancy ceased to exist, and in support of this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties a......949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuous occupation of the premises for over 12 years by the tenant did not bring him withi......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
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." ......er the learned Judges of the High Court Division committed error of law in not holding that the appellant acquired a legal right not to be reversed in the present manner, according to the principle laid down by this Court in Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 12......right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......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." ..Category: Employment/Service Law | Date: | Hits: 105
18541852185118501848184718461845184318421840183918371825182318201814181318121808