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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......th the trial Court and the appellate Court, namely the High Court, on a finding that the acts of the defendants amounted to actual ouster of the plaintiff, decreed the suit allowing the plaintiff s prayer for joint possession with the defendants, in the alternative, granting injunction to restra..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....t the respondents praying for declaration of their right of way over the suit lands, a pathway, and for permanent injunction restraining the defendants from causing any damage thereto and/or in the alternative interfering with plaintiff’s access over the suit property. 3. The plaintiffs claim......unsel appearing for the plaintiffs argued that the Courts below have made a wrong approach throughout by taking the view that it was suit for easement under the Easements Act without noticing the prayer in the plaint that it was a customary right that the plaintiffs were claiming. The point is..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....e Supreme Court of Pakistan noticed the expression "the Court is satisfied that no other remedy is provided by law" and concluded that this is not the same thing as saying that the existence of any alternative mode of seeking some other kind of remedy is by itself sufficient. The Court, however, p......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....ce and pending such shifting agreed to sell liquor by opening a door on the back side and closing the front door and thus complied with his orders but the Deputy Commissioner without suggesting any alternative site and/or agreeing to the alternative site suggested by the Chairman of the Local Pour...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......ff prayed for an order of temporary injunction restraining the defendants from giving effect to the said order of reversion and also from taking over charge from him. 3. Defendants opposed the prayer for temporary injunction raising, amongst other, the plea that the impugned order had already..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......mprove its position and could not implement the Scheme. Its banking business was totally stopped under an order of the State Bank. The Scheme of Arrangement expired on 6th June, 1954 and the Bank's prayer for extension of time was rejected by the High Court. Ultimately, on an application filed..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....cement alleged to have been stored in shed No. 5. 15. The question that remains to be determined is whether the decree can be passed jointly against defendant Nos. 1, 2 and 4 or in the alternative, whether plaintiff-appellant should be directed to file a separate suit claiming ......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
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ...... respondent and assessed his total income at Tk. 25,883/00 by his assessment order dated 12.3.1974. On appeal by the assessee the Assistant Commissioner allowed the appeal in part but rejected the prayer for rebate on account of investment in bonus share of Tk. 2,200/-. This order was challenged..Category: Fiscal/Taxation Law | Date: | Hits: 131
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. .......P. Act." 6. A part from invoking the doctrine of part performance as embodied in the aforesaid section, appellant’s Counsel vehemently argued that the appellants’ prayer declaration of title in the suit on the basis of adverse possession should have been gr..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. ......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 dissolving the firm. Whatever bar ..Category: Property Law | Date: | Hits: 99
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....f his and on his request the plaintiff gave the defendant and his family temporary accommodation in his premises in 1956 on clear understanding that they would vacate the same on securing alternative accommodation. The defendant was making delay in finding alternative accommodatio......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)
....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. ......t receiver who however, could not perform his function as he died immediately thereafter. In the meantime a contractor pressed for his bill and by order No. 272 dated 25.5.76 the Court refused the prayer of the Contractor by observing: “This is a matter between the Recei&..Category: Property Law | Date: | Hits: 39
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. ...... suit land and accordingly they are entitled to the relief prayed for." 5. Judgment of the High Court Division was pronounced on 2.3.78. While admitting the appeal under Order 41 rule 11 C.P.C. no prayer was made for staying of the operation of the order of the appellate Court below. The appell..Category: Civil Law | Date: | Hits: 114
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. ......ppeal by special 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 198..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. ...... and obtained leave to consider whether in the absence of any express provisions for making counter-claim in the Code of Civil Procedure which only provides for set-off in Order 8, rule 6 the prayer for counter-claim made, by the defendant-respondents in the plaintiff's suit is not entertai..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....clearly that though, in general, income from property held in trust wholly for religious or charitable purpose is exempted from income-tax, but when the said property is a 'business' then two alternative conditions have been imposed for getting that exemption, one condition being that the b......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......stay of operation of the order. 5. On October 7, 1980, the High Court Division, after hearing the Rule issued upon the application for stay, marked as Civil Rule No 1284 (FM) of 1980, allowed the prayer for stay of the operation of the order till October 9, 1980 to enable the plaintiff-responden..Category: Anti-Corruption Laws | Date: | Hits: 113
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. ...... parties to maintain status quo which order was made absolute on December 2, 1980 and in the application for appointment of receiver an order to issue notices was passed. 4. So far as the prayer for appointment of receiver was concerned, respondent No. 1 expressed grievance that after t..Category: Property Law | Date: | Hits: 45
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. ......sp; Chowdhury ATM Masud J.- This appeal by Special leave is directed against the rejecting the appellant's prayer for adding him as a party in a proceeding under section 491 of the Code of Criminal Pro..Category: Criminal Law | Date: | Hits: 58
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. ...... appreciation 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 ..Category: Property Law | Date: | Hits: 30
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