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Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....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. ......applies to any decree or order of a court (except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.) Clause 9 was amended in 1929 following a decision of Privy Council in Hemendra Kumari v..Category: Property Law | Date: | Hits: 49
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. ...... 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 months with the parties raising no objection the conclusion is th..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. ......rketing Corporation: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer; (d) all suits and other legal proceedings instituted by or against the Jute Corporation before such repeal shall be deemed to be s..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. ...... Jute Mills Corporation............................................Respondents Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceedi..Category: Employment/Service Law | Date: | Hits: 92
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. ......ion 69 such a suit does not seem to be affected by the bar imposed by sub-section (1) so as not be maintainable……………….(20) Amendment in the plaint is not restricted at any stage of the proceeding, if the amendment sought for does not tend to change nature and character of the suit. ..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.......m 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. If t..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. ......resented it to the Sub-Registrar Office and got the same registered The defendant Abdul Hannan and others filed Criminal case against the plaintiff under section 144 Cr. P. C. and subsequently the proceeding was drawn up under section 145 Cr. P. C. and a receiver was appointed. The defendant Joy..Category: Property Law | Date: | Hits: 42
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... 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. ......e was no stay order issued by the High Court Division during the pendency of the Second Appeal. Thereafter the plaintiffs put the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the application under Order 21, rule 32 of the Code of Civil Procedu..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....ecial 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 Rajsha......;diction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5) Lawyers Involved: A. M. R..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. ...... for setting it aside on the ground that the amount of the counter claim is much bigger than that claimed in the plaint by the plaintiff. One of the ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the defendant to filing a separate su..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. ...... "In cases where execution of a will is shrouded in suspicion, its proof ceases to be a simple is between the plaintiff and the defendant. What, generally, is an adversary proceeding becomes in such cases a matter of the court's conscience and then the true questio..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... 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. ......arned District Judge transferred the said suit to the Court of Subordinate Judge, 5th Court for disposal. On 10.2.78 an application under Order 39 rule 2(3) of the Code was filed for drawing up the proceeding against the appellant and also prayed for attachment of their property. This petition w..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....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. ......13 C.P.C. for setting aside the ex parte decree, the learned Counsel submitted that they were completely unaware of the suit as well as the ex parte decree in question. They came to know about the proceeding from the advertisement in the newspaper for sale of the properties in question. The..Category: Property Law | Date: | Hits: 47
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. ......ed to answer the query, even before making his submissions on the question upon which leave was granted. He, therefore, drew our attention to the absence of jurisdiction of the High Court Division in proceeding in the manner it has determined the appeal. For, he submitted, that after this Court dire..Category: Anti-Corruption Laws | Date: | Hits: 113
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... the finding and, in the case of a conviction, a brief statement of the reason thereof: (i) the sentence, of the other final order, and (j) the date on which the proceeding terminated. 264. Record in appeal able cases.- In every case tried..Category: Criminal Law | Date: | Hits: 41
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. ......nnot, therefore, succeed on the ground of limitation. 14. Mr. Sharif also submitted that the period of two years prescribed by section 8 of the Maritime Convention Act, 1911 within which a proceeding is to be commenced can be extended further by the Court in accordance with the Rule..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......he State Acquisition and Tenancy Act is meant for rectification of mistake in the entry of record-of-right and that the incidental reference to the plaintiff's title did not convert the proceeding into a title suit. The learned Judge further held that there was no complicated question..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... 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. ......ng his daughter Chandana Rani Deb Nath alias Nadia Begum, from jail custody and to send here in his custody. The appellant move the High Court Division for being added as a party in the said proceeding stating, inter alia, that the said Chandana Rani Deb Nath, aged over 16 years, has embra..Category: Criminal Law | Date: | Hits: 58
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. ...... writing to the letter of defendant No. 5 to open the godown failing which the lock and key of the godown to be broken in his absence. By memo No. 1 652 dated 14-7-78 defendants No. 5 drew up proceedings against him asking him to show-cause against charges of misappropriation, negligen..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A petition for quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contenti......e Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A petition for quashing the proceeding by the High Court under section 561A Cr.P.C. was dismissed. The contention that compl..Category: Criminal Law | Date: | Hits: 79
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