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Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....mance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 1970 to sell the suit land being a tank with banks and adjoining agricultural lands at a consideration of Tk. 28,500/-. Defendants accepted Tk. 6,000/- as earnest mo....... which was the responsibility of the plaintiff and that the price of land in the locality had increased in the mean time. 4. By its judgment on December 31, 1977 the trial Court decreed the suit holding inter alia that the suit was not barred by limitation, that the plaintiff tendered the balan..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....nt interest at, the rate claimed by the plaintiff but at 12% per annum which is a lower rate. According to him, the minimum rate of interest prevailing at the date of decree is seen to be provided on agricultural loans which were 10%, this being the concessional rate but the rate for ordinary advanc...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..Category: Civil Law | Date: | Hits: 110
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. ......titled to such exemption Points merit consideration." 4. Mr. A. M. Mahmudur Rahman appearing for the Revenue contended that the High Court Division erred in law in holding that the bonus shares should be treated as an investment by the assessee; (2) the bonus sha..Category: Fiscal/Taxation Law | Date: | Hits: 131
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......d that there was no declaration from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived at the finding that there was..Category: Procedural Law | Date: | Hits: 93
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......the respondents filed a revisional application as referred to above and thereupon the learned Single Judge of the High Court Division set aside the order of conviction and acquitted the respondent holding, among other things, that then participation in the incident of arson and rioting being dou..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... (a) When he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject; (b) When he surrenders his holding at the end of any agricultural year by giving notice in the prescribed form and in the prescribed manner and within......desh cannot claim the property without following the procedure in case of intestacy and secondly notwithstanding the evidence of the plaintiff's witnesses the High Court Division erred in not holding that the plaintiff had sufficiently proved the case so as to seek the declaration as prayed..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. .........Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shea..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. ...... In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a licensee and the appeal was correctly allowed in a..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. ...... that there was no illegality on the face of record and dismissed the revision by his order dated 26.2.82. 9. The High Court Division dismissed the revision (C. R. No. 692 of 1982) by holding that the "receiver's lien was not liable to be frustrated" and considered that t..Category: Property Law | Date: | Hits: 39
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... have been preferred when another construction is open. Subsequently, in the case of Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746 another Single Bench took the view that a person who is holding land by giving a share of the crop must be doing so under the system known as Borga, Adhi o..Category: Property Law | Date: | Hits: 27
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. ......order of the court. He argued vigorously that the judgment of the High Court Division in Second Appeal clearly shows that on point of possession there was ‘conflicting' decision—the trial court holding that the plaintiff was in possession while the appellate court below found possession in fav..Category: Civil Law | Date: | Hits: 114
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. ...... decree on 27 February, 1978 granting probate of the will. But on appeal by defendant Krishna Moni Devi, a Division Bench of the High Court Division reversed the finding of the District Judge, and holding that the execution of the will was not duly proved on fulfilling the requi..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ...... 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resident Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, a British..Category: Property Law | Date: | Hits: 47
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......four sons who left for India long before and the case land vested in the Custodian of Enemy Property. The learned Munsif allowed the Miscellaneous Cases and directed the correction of the Khatians, holding, inter alia, that the pattannamas Exts. 1 to 1 (b) and the Dakhilas Exts. 2 to 2(g) are gen..Category: Property Law | Date: | Hits: 28
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. ...... is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the facts disclosed the appellant has no locus standi to be impleaded in the proce..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... benamdar of defendant No. 1. Defendant No.1 further contended that the Miscellaneous Case No. 116 of 1942 was filed against the plaintiff and others for the separation of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......y of possession of immovable property and for declaration of title. In this view we held that the learned Additional District Judge committed an error of law apparent on the face of the record in holding that the present suit by the plaintiff against the order of dismissal from his servic..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......n acquittal, there can be no second prosecution of the accused for the same offences. The Code of Criminal Procedure, 1898 (V of 1898), Section 202 Witness’s statement before the Magistrate holding enquiry under section 202 may implicate persons not named before the Investigation Officer. ..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....ision in S.A. No. 894 of 1968.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question raised is whether the appellant is a "non-agricultural tenant" within the meaning of section 2(5) of the Non-Agricultural Tenancy Act, 1......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......and 6 months each, in default, to suffer rigorous imprisonment for further period of 6 months. 6. On appeal by the accused respondents, the learned Session Judge set aside the order of conviction holding, inter alia, that Exts. 2-2(b) are not genuine and further there was no evidence to hold tha..Category: Anti-Corruption Laws | Date: | Hits: 112
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