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Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)

....sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ................Appellant Vs. Nazir Ahmed................................................. Respondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortg......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ......ment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) Judgment Shahabuddin Ahmed J.—This is an appeal by special leave, preferred by the plaintiff of a redemption suit, which has been dismissed in second appeal by the High Court Divisi..

Category: Property Law | Date: | Hits: 58

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......d decree passed by the Admiralty Court of the High Court Division in Admiralty Suit No. 1 of 1978. Civil Appeal No.15 of 1981 is at the instance of Defendants and Civil Appeal No. 38 of 1981 by the plaintiff. 2. The suit was filed by the plaintiff under section 6 of the Admiralty Court Act, 186..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)

....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ...... Islam J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors……………………………&hell......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ond Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, who are second party in the criminal proceedings, on assertion made by the plaintiff regarding possession of the land that possession was given by the vendor to the plaintiff..

Category: Criminal Law | Date: | Hits: 39

Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)

....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......h is dismissed. Ed. ......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ...... held that where the defendant has proved the joint family, joint property and the acquisition of the property during the jointness of the family, and there is no evidence from the side of the plaintiff that the property that was acquired, though in the name of one of the members had any ind..

Category: Property Law | Date: | Hits: 65

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......f Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/1..

Category: Property Law | Date: | Hits: 448

Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)

....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Profulla Kumar Chakraborty.....................................Appellant. Vs. Anil Proshad Chowdhury and others.......................Respondents Judgment February 6, 1980. Case Referred to- ......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......operty Act was served and accepted by him, and in the said notice the tenancy was terminated with the expiry of the month of Bhadra, 1376 B.S. but the defendant did not vacate the premises. 2. The plaintiff alleged that the defendant was defaulter and the Premises were required bonafide for the a..

Category: Tenancy Law | Date: | Hits: 116

Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)

.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......vision (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Promode Ranjan Saha and others………………………... Appellants. ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......(1) of the East Bengal State Acquisition and Tenancy Act or by the notification issued under section 43 of the Act and further the Government is entitled to mesne profits from the plaintiffs with effect from 14.4.56 or from 1st day of the Bangali year following the notification ..

Category: Property Law | Date: | Hits: 66

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......al is dismissed. No costs. Ed. ......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ...... for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is that their predecessors took Settlement of the suit land from Ram Pro..

Category: Property Law | Date: | Hits: 69

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....etitioner 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. ...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......etitioner 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. ...... 1.8.85 against the Government of Bangladesh praying for a declaration that he is the 16 annas owner of the disputed property. In the said suit an Order of temporary injunction was obtained by the plaintiff on 25.9.85 which was subsequently confirmed by order dated 9.4.88. The appellant has asse..

Category: Criminal Law | Date: | Hits: 51

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......H Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Tobarak Ullah .............................Plaintiff-Appellant Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta and another ..............Defendant- Respondents Judgment March 15, 1990. Result: The ......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......t- Respondents Judgment March 15, 1990. Result: The appeal is allowed. The Specific Relief Act, 1877 (I of 1877), Section 22 & 24 Whether the amount of solatium, given to the plaintiff‑appellant is quite inadequate in the facts and circumstances of the case. Specific p..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......4. ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......ter Mst. Jawahar Khatoon and a daughter Qaiser Khatoon. Mst. Sabhai died two months before the institution of the suit. Hence one of her sons from a previous husband, called Amiruddin, also joined as plaintiff. Another son, Waziruddin, from the same husband who did not join as a plaintiff, was made ..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......istan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department of the Government of erstwhile Province of East Pakistan; and was placed in charge of East Pakistan Government Press at Tejgaon, Dacca. His case having be......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ......on should not be taken against him for inefficiency. The plain-tiff showed cause in writing. He was also given a personal hearing. The Screening Committee, however, arrived at the conclusion that the plaintiff was inefficient, and on the 24th April, 1959 it recommended his retirement from service...

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......reme Court Appellate Division (Civil) Present: A.M. Sayem CJ Mahmud Hussain J A. Jabir J Bangladesh.............................................Appellant Vs. Abdul Wadud and others................................Respondents Judgment November 30, 1972. ......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ....... Abdul Wadud and others................................Respondents Judgment November 30, 1972. Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the re..

Category: Others | Date: | Hits: 103

Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)

.... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......yments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since January 1961 her security deposit would not be subject to any such lien in 1962 and hence the order of the High Court that the deposit be paid into the court in pursuance of an ord...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ......achi Stock Exchange Ltd., claimable by her on the date of this order''. (The rest of the order is not relevant for the purposes of this appeal). A year later, on the 2nd February 1962, the plaintiff applied for an order requiring the Karachi Stock Exchange Ltd., to deposit in the Court. ..

Category: Business or Commercial Law | Date: | Hits: 74

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......uary, 1955, by being run over by a motor bus belonging to the defendant No. 1 and driven by his employee, the defendant No. 2. 2. Although it was averred in the plaint that the loss caused to the plaintiffs by the death of their daughter could not be compensated by even a lac of rupees, yet da..

Category: Others | Date: | Hits: 124

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......igh Court of East Pakistan Dacca dated the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus Sattar J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an ..

Category: Banking Law | Date: | Hits: 230

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... decree but the said Miscellaneous Case was summarily rejected. Since the defendant-petitioners failed to pay the decretal amount in the specified time, final decree was passed on 21-3-1992 and the plaintiff-respondent-Bank filed Title Execution Case No.4 of 1998 for execution of the decree..

Category: Banking Law | Date: | Hits: 112

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Popular Biscuit Limited...........................................Appellant Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh and others.................. Respondents Judgment June 28, 200...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......urt should stay the proceedings of the suit and allow the parties to take the advantage of it and arbitration be held and if the arbitration could not be fruitfully concluded in that case only the plaintiff of the suit can claim that he is not debarred from proceeding in the suit; the appellant ..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......bsp; Adverse possession Uninterrupted adverse and hostile possession of the plaintiff over a period of twelve years, the period prior to alleged declaration of the property as..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......nbsp; Superintendent Engineer (Distribution), Power Development Board, Jangalia,Comilla and others.………Appellants Vs. ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......gment Md. Fazlul Karim J.- This appeal by leave at the instance of the plaintiff arose to consider the grounds raised by the learned Advocate for the appellant that Annex..

Category: Fiscal/Taxation Law | Date: | Hits: 122

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