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Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......e for interference with the final decree." In this view of the matter, the appeal was dismissed. 6. In second appeal, the High Court DiÂvision took the same view by observing: "This prayer cannot be granted at this stage unless the preliminary decree is set aside. In the prelimin..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......et aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred under section 42 of the Specific Relief Act.……(23) Inordinate delay in filing prayer for amendment of the plaint on material issue requiring filing of such petition much earlier,..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government. 4. The trial court came to the finding that the plainti..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......g to recover money advanced to respondent Company with interest and other expenses and also other relieves available to it under the provisions of the aforesaid law. He then referred to the following prayer made by respondent ComÂpany in Title Suit No. 193 of 1981; "(a) For having a full and tru..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......, Cr.P.C. before the Chief Metropolitan Magistrate, Dhaka As the application was not in form the same was not considered by him. Complainant, therefore, filed another application for amendment with a prayer for framing charge against the appellants under section 30 of the aforesaid Act. This applicÂ..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ........................... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectifica..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......h Court Division is set aside and the Sessions Trial Case No. 407 of 1982 will now proceed in accordance with law. Respondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 D..Category: Criminal Law | Date: | Hits: 105
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......1.6.84 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1244 of 1931). Judgment Badrul Haider Chowdhury J. - This appeal arises out of an order rejecting the appellÂants' prayer for taking additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civ..Category: Property Law | Date: | Hits: 52
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....hy;pretation—and in such cases one has to look at the whole Act and examine not merely a particular section or part of a section. If there be any doubt, of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assess......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....equired for the purpose of D.I.T. staff quarters should be derequisitioned and that plot No. 714 which was also not required for the said purpose but was sought to be used by the D.I.T. for providing alternative accommodation to the affected persons should also be dereÂquisitioned and sought approv......Canadian soldiers temporarily without accommodation. The plaintiffs under a claim for purchase of the said premises requested the Minister to make arrangements for the release of the premises but the prayer was refused but they secured entry to the preÂmises on August 22, 1945 and purported to take..Category: Property Law | Date: | Hits: 48
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......ts who were not parties to the aforesaid proceeding, however, applied to the Additional District Magistrate of Faridpur for withdrawing the order of attachment made on 16. 11. 67 but the prayer was rejected by him on 25. 3. 68 whereupon the appellants filed a revisional application bef..Category: Criminal Law | Date: | Hits: 49
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......him. But the High Court rejected the contention of the learned Counsel and observed that the learned Advocate who was appointed to defend the accused prisoner at Government expense did not make any prayer for time with a view to enabling him to make the necessary preparation. So, in the absence ..Category: Criminal Law | Date: | Hits: 66
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....sif, Barisal, renumbered as Title Suite No. 71 of 1961, against the respondents for establishment of their auction-purchased right and title in the suit land, for confirmation of possession in the alternative for recovery of possession from the main defendants and also for an injunction against ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......17 C.W.N., Beachcroft, J. observed as follows: "The responsibility of the person begins with the prosecuting of the complaint but it does not end there and is not limited to the prayer contained in it. As the application of the rule of absolute privilege in English law to wor..Category: Criminal Law | Date: | Hits: 77
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......;lication for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter of guarantee. This prayer was granted by the High Court Division while the second appeal is still pending for disposal..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. 3. The Munsif allowed the prayer of the respondent to be substituted as plaintiff. An appeal was preferred before the learne..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick BroÂthers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review appliÂcation is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......see under this RegulaÂtion are false these will be rejected. The Assessee will have, however, the right to ask for an administrative review of this decision by the Central Board of ReveÂnue. If his prayer is accepted his return etc, will be processed under sub-paragraph (b) or (c) above. If the Ce..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......l and having been made without lawful authority and also for cancelling, withdrawing and/or rescinding it. Subsequent to the issuance of the Rule the appellant amended the Writ Petition by adding the prayer for giving direction to reinstate him in the posts held by him in the Institute. 4. Facts..Category: Employment/Service Law | Date: | Hits: 180
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ......s of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the transfer even by a Will was prohibited, and so the prayer for grant of Letter of Administration could not be sustained and in view reversed the decisi..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......time, P.W. 1 Shahidul Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a B..Category: Constitutional Law | Date: | Hits: 292
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