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Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......bsp; Mustafa Kamal J.- In Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Court, by judgment and decree dat..Category: Business or Commercial Law | Date: | Hits: 99
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
.... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ...... 6. Order 22 rule 10 of the Code of Civil Procedure reads as follows: "Procedure in case of assignment before order in suit (1) in other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the court, be continued by or aga..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... lawyer's notice to the appellants stating that he was unable to sell the suit property and as such he would be glad if the appellants would take back from him the advance purchase‑money along with interest on receipt of the notice. The appellants, however, did not respond to the said notice of Ra..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......Again, in considering an application for rejection of a plaint the specific provision under Order VII, rule 11 should ordinarily be followed. A resort to section 151 of the Code may be made in the interest of justice only in an exceptional case where the suit is foredoomed, and if it is allowed ..Category: Business or Commercial Law | Date: | Hits: 124
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......y, the Registrar in permitting the two Proprietors in registering identical trade marks has to provide for some ways and devices in the exercise of his expertise and discretion as would protect the interest of the competing Proprietors and, what is more important, the interest of the public in ge..Category: Intellectual Property Law | Date: | Hits: 227
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ...... by the appellant and the process server. He said that he did not know anything about the matter whatever, that he not being a party to the Title Suit against the Municipal Administrator, he got no interest in the market or in the suit, that he was not present on the spot on the night of 21st Oc..Category: Criminal Law | Date: | Hits: 79
....eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
...... writ petition).
15. The Ministry of Industries by letter dated 16.5.77 (Annexure‑VI to the affidavit‑ in‑ opposition of respondent No. 3) invited the appellant for negotiation if it was interested to purchase the unit. A negotiation meeting was held on 19.5.77 and in the minutes thereo..
Category: Property Law | Date: | Hits: 68
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ......ong and that the plaintiffs are not owners of '24 acres as claimed by them. Hence the suit is liable to be dismissed. 4. The trial Court dismissed the suit after holding that whatever interest Jinnat Ali, the predecessor of the plaintiff’s had was extinguished by Rent Executio..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... khas possession in the land of Schedule 2 to the plaint and for permanent injunction. It is his case that 6 kanis of land of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 agai..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....he provisions of the section do not, in their Lordships' opinion, suggest that before probate the executor had no title, but are only intended to simplify the proof of his title as dating from the testator's death." 16. In AIR 1978 Cal. 559(564) Bali Ram Vs. Bhupendra Nath a le...... Court Division (Rangpur Bench), by the impugned judgment dated 29 February, 1984 dismissed the same. The concurrent finding was that the suit was bad for defect of parties and that the plaintiff's interest in the suit land was extinguished by adverse possession of the contesting defendant for mo..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......t a part of the trial, that section 344 Cr.P.C. was not attracted in the facts of the present case, that to postpone a trial of a Criminal case the court ought to be guided by consideration of public interest and public policy only and not by the interest of a private party and that the petitioner w..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......The contentions in these matters have never been squarely raised earlier. We appreciate the assistance we have received from the learned Counsels of the parties. Appellant's citations, invigoratingly interesting though they are, have got little relevance in view of the specific provisions of Chapter..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......xercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shares are held by three persons, maj..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......eclaration of title was maintainable but the prayer for khash possession was not. Accordingly, by judgment and decree dated 19.11.64, the suit was decreed declaring the plaintiffs right, title and interest in the suit land and giving him joint possession therein. 5. On appeal by the defe..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... Koowur Vs. Mi. Ladoo, 13 Moor Ind App 585 (PC), is the earliest authority of note for the proposition that a bare admission in a document, made without any consideration, that the executant has no interest in a property, cannot pass his subsequently acquired title to the property. In that case ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......ntesting defendants in the suit was that the plaintiff had not acquired any title to the suit property on the basis of the deed of Exchange dated 13.11.63 (Ext. 2) because she had no right, title, interest or possession over any portion of the alleged property of Murshidabad, West Bengal the own..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......ood crop‑yielding land and the defendant realised more than double the amount of Rs. 200/‑ from the usufructs. The plaintiffs demanded redemption of mortgage upon offering the mortgage money with interest but the defendant having not paid any heed to it the plaintiffs filed the suit for redempti..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......€‘59 and the plaintiff (of TS 48/71) and another auction purchased the same on 9.11.1959, and the sale was confirmed on 1.7.1960. Subsequently, the other auction purchaser Abdus Samed transferred his interest by a kabala dated 21. 6. 1961 in favour of the plaintiff. The plaintiff took possession of ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......lay and defective packing and some of the cement bags were already torn and had to be repacked and this will show the extent of damage of the consignment. In order to safeguard the Government revenue interest the collector had to take quick steps under section 82, it was further stated. These assert..Category: Business or Commercial Law | Date: | Hits: 130
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ght the plaintiff in his house and reared him up. According to the plaintiff the suit land appertained to patta No.3 and through successive devolution by purchase and sale Keramat acquired 10 annas interest and Rahamatullah got 6 annas in the entire property and that there was an amicable partiti..Category: Property Law | Date: | Hits: 56
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