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Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....nbsp; without reversing the finding of the trial court on this question and whether the learned Judges were correct in placing the onus upon the plaintiff to prove that 3337 bags of cement were not wrongly covered by the Short Landing Certificate and the same also were not lying-in Shed No. 5 in......y of by the plaintiff-appellant. Accordingly plaintiff-appellant cannot succeed in its claim regarding the aforesaid number of bags which they did not clear from the Shed. The trial court had recorded its findings on consideration of the following evidence: "The defendan......e is also Reported in: 37 DLR (AD) (1985) 47. ......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
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......bsp; When the Labour Court exercise its jurisdiction for trial of offences under the Labour law, it does so as a Magistrate of the 1st Class but when the punishment is given and sentence is recorded then for the purpose of appeal it shall be deemed to be a court of Session under the Crimi......ded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ..Category: Labour and Industrial Law | Date: | Hits: 98
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. ......plaintiff and the became owner of 16 annas share of the suit land and since then he was in possession of the same asserting his own right. In the recent rent roll plaintiff's name was not correctly recorded and being encouraged by the finding of a case under section 19(1) and 19(2) of the East Ben......ther.................................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. In case of comp......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
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. ......g that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……..(4) Case Referred to- New Dacca Indus......) (1984) 282. ......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. ......nregistered firm as under; Business: Running of restaurant on Chinese pattern. Total income is determined at Rs. 13,500/- for the year in consultation with the advocate present vide his consent recorded in the margin of the order sheet as a token of agreement. Total Income ...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... 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. ......tice of eviction plaintiff-appellants who were in unauthorized occupation of a portion of the house instituted Title Suit No. 47 of 1973 which they subsequently withdrew. The suit premises has been recorded in the name of defendant Nos. 1 and 2, in the record of the Deputy Commissioner, Dhak...... 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
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. ......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. ...... is also Reported in: 36 DLR (AD) (1984) 225. ......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. ......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. ......also Reported in: 36 DLR (AD) (1984) 220. ......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)
....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. ......ses. Thereafter the learned Judge considered the nature of the occupation of the defendant and came to the view that the defendant was a licensee under the plaintiff and in this view of the matter recorded the finding as under: ''In my view as stated above the status of the def...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......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
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. ......pointed out, again, the learned Counsel contends that when there were allegation of breach of trust, mismanagement, malfeasance and misappropriation against the appellant and when evidence was also recorded against him in respect of these allegations, the impugned order appointing a Committ....... This Case is also Reported in: 36 DLR (AD) (1984) 203. ......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
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....bsp; B.S. and the same was not barred by limitation. Next the kabala Ext, 1 of the plaintiff had been admitted by both P. Ws. Mofiz and Mohim. It is clear that the lower appellate court below wrongly set aside the judgment of the Munsif inasmuch as plaintiff’s title has been ampl......, however, reversed the decision and allowed the appeal and found that the defendants are in possession by making reservation as under: "The PRR in my opinion has been correctly recorded in the names of Sannyals because they did not lease out to either party. It is their khas......Reported in: 36 DLR (AD) (1984) 188. ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....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. ...... Zakir Ahmed appearing for the respondent submitted that the respondent is a poor worker and the finding is that he made delivery to Ally Bros, on a misunderstanding and the Labour Court also recorded that due to the misunderstanding of the invoice the delivery was made contrary to what the...... 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)
....out from the same transaction. It is not unliquidated damages, but an ascertained sum. There is no folding that protracted enquiry is necessary. For these reasons, it cannot be said that the Court wrongly exercised its discretion in allowing the counter claim. In saying so we are not departing f......;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. ......d 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
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. ...... mark to the will. This requirement has been fulfilled by the evidence of these four witnesses. 7. In addition to this direct evidence as to execution of the will, there is expert evidence recorded under section 45 of the Evidence Act. This is the evidence of P.W. 5, a hand-writing exper......d in: 36 DLR (AD) (1984) 156. ......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)
.... 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. ...... the appellant and also prayed for attachment of their property. This petition was marked as Miscellaneous Case No. 9 of 1978. The learned Subordinate Judge 5th Court found the appellant guilty and recorded an order of conviction for disobedience of the order of the Court. The appellant contended......d in: 36 DLR (AD) (1984) 153. ...... 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
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. ......n case upheld the order of abatement passed by the learned Subordinate Judge. On November 18, 1982, the appellant obtained leave of this Court to consider whether the order of abatement was rightly recorded in the absence of an assertion by the Government that it has taken possession of the prop......sts. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... 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. ..Category: Property Law | Date: | Hits: 38
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. ......the Court passed the impugned order. 9. Being aggrieved by this order dated June 17, 1981 the appellant moved this Court, contending that the learned Judges of the High Court Division practically recorded finding of guilt and that the appellant committed the offence under section 417 of the Pe...... 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)
...., submitted that though the appellant No. 1 objected vehemently to the appointment of receiver and never expressed in favour of such appointment, the learned Judges of the High Court Division wrongly observed that "the appellant No. 1 was not altogether against the appointment of recei......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. ......s 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
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. ......ist of his case namely that he purchased this land about 20 years ago. His witnesses deposed and they were cross-examined. It was a summary trial. The learned Magistrate by his order dated 25.5.77 recorded the following orders: "Judgment delivered. I do not find the accd...... In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......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. ..Category: Criminal Law | Date: | Hits: 41
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. ......and during the pendency of the suit they sold it to plaintiffs 4-7 and since then the plaintiffs 4-7 have been possessing the suit land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in-interest of the plaintiffs and accordingly ......anik 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 order on due consideration of the facts and circumstances of the case....... 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
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