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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....ection 39 to 55). The Act does not contemplate or deal with the concept of any partial dissolution or dissolution qua an individual partner. Section 4 defines partnership "is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting f......d to you as long back as on 15.2.67 you have not completed documentation and other formalities to utilize the loan until now. We understand that one of your partners Mrs. Le Sang is no longer interested in the project. You are, however, once again advised to complete documentation and al...... 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)

....completed in the manner prescribed, therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has t......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. ...... 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

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....f Rupchhaya Cinema Hall and has no interest in the suit properties. (e) Appellant never sold his interest to anyone. By creating false documents respondent 1 in collusion with local influential persons is trying to dispossess the appellant and is not furnishing any accounts of the cinema busin......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. ......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......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. ..

Category: Property Law | Date: | Hits: 99

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... such offence is pending. The courts below did not specify which of the offence was non-compounding. Again in the Criminal Court this question was not raised because the plaintiffs are the accused persons and it was to their advantage not to raise the point, inasmuch as they secured their discha...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......s also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..

Category: Property Law | Date: | Hits: 42

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

.... and others who since then harboured a grudge against him, as the prosecution case shows. Taking advantage of the civil disturbances and mass movement in the month of March, 1969, a great number of persons including these six respondents came put in a procession and raided the house of Nurul Hud......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. ......e their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......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. ..

Category: Criminal Law | Date: | Hits: 66

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....ers on it, vest absolutely in the, Provincial Government free from all encumbrances except the encumbrance on the holding which is extinguished under clause (a) of the said sub-section, but the persons whose interest in the holdings are extinguished under clause (b), (c) and (d) of that sub-......ieved on the ground of his evidence being hearsay e.g. that he heard that the plaintiff was a daughter of Gouri Dasi. The plaintiff's evidence as P.W. I was discarded on the ground that she was an interested witness. On the other hand, the evidence of D.W. 1 Abdur Rouf, Field Kanungo was relied ...... 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

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....;pleted in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has take......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. ...... 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

Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....r No. 265 dated 6.5.76 observed: "Seen the accounts submitted by the receiver. I am not satisfied with the account. Apparently it transpires that the receiver appointed some persons for seeing the works without taking prior permission of the Court and he should pay out of......udgment as to the necessity of these expenditures. He should have applied to the Court setting out the facts and asking for a reference whether such expenditures would be for the benefit of the interested parties. No single act, calculated to diminish seriously the fund, could the receiver d...... 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......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. ..

Category: Property Law | Date: | Hits: 39

Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)

....alli’ has been used in 'singular', yet this expression includes its plural also under the General Clauses Act. So instead of one person being appointed Official mutawalli, a Committee of five persons has been so appointed. No irregularity has been committed by appointing the committee&hell......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. ....... 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

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....ong the purposes of the Trust. The purposes of the Trust included relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing busi......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. ...... No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......lso referred to in that judgment in order to show that running of any business was not included among the purposes of the Trust. The purposes of the Trust included relief to the poor, promotion of education, establishment of schools, provision of medical assistance and relief to the distressed p..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

.... impressions on the will and put his signature below each of these thumb impressions. P.W. 1 is of course, a person interested in the will; but P. Ws. 2, 3 and 4 are found to be quite disinterested persons. There is no suggestion that they had any motive to depose falsely in support of the will. ......s left thumb impressions on the will. P.W. 2, the scribe himself took those thumb impressions on the will and put his signature below each of these thumb impressions. P.W. 1 is of course, a person interested in the will; but P. Ws. 2, 3 and 4 are found to be quite disinterested persons. There is......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

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....ing immediately before the commencement of this Order shall cease to have effect on such commencement and all abandoned properties in custody of any Court, receiver, guardian or other person or persons appointed by it, shall upon delivery of the same being called for by the Government, be de......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. ...... This Case is also Reported in: 36 DLR (AD) (1984) 146. ......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. ..

Category: Property Law | Date: | Hits: 47

Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)

....nner as if nothing had happened. No step was taken either to enquire into the matter or any follow-up action to apprehend the Trawler. Nor, for that matter, any action was taken against any of the persons responsible for the escape of the Trawler." In passing the order, the learned Judges ......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. ...... 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

Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)

....d the vegetable plants and constructed a hut on his land and caused loss of about Tk. 100/- to 125/- thereby committed an offence under sections 427/147 B.P.C. Originally there were 9 accused persons and the appellant compromised with 5 of them and the rest of the accused respondents pleade......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. ...... 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

Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

.... and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under sub-section (1) shall contain full particulars of persons likely to be affected by an order on such application and shall also contain the full part......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. ......36 DLR (AD) (1984) 79. ......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. ..

Category: Property Law | Date: | Hits: 28

Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....rt’ or ‘charge sheet’ do not occur in section 173 Cr.P.C. under this section the police on completion of the investigation shall submit a report to the Magistrate for prosecution of the accused persons or for releasing them. In the Police Regulations of Bengal a distinction has been made b......complaint had been passed on misunderstanding of the scope and extent of enquiry under sec. 202 Cr.P.C. In this case the police submitted Final report on the ground that they did not find "any disinterested witnesses" to connect the accused with the incident resulting in the death of a person be......e High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......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. ..

Category: Criminal Law | Date: | Hits: 79

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. ...... and defendant. No. 1's husband for last 20/21 years and acted as their motor driver. The trial court cautiously approached his evidence and concluded "relationship of the parties may be interested in them but at the same time it cannot be denied that in normal circumstances he wo......also Reported in: 36 DLR (AD) (1984) 52. ......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. ..

Category: Property Law | Date: | Hits: 30

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

....at his house because of his illness. He further found that kabala Ext. 2(c) in favour of accused Mir Mohammad Akand was not genuine. Accordingly the learned Assistant Sessions Judge found the accused persons guilty and he convicted accused respondent Mir Mohammad Akand under section 467 of the Pen...... 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. ......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. ...... 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. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....perty. But it is dominion of the kind which satisfies the requirement of section 405 of the Penal Code. Once it is held that it has a partnership business and the complainant and the accused persons were partners, principle laid down in AIR 1951 Calcutta, subsequently approved by the Suprem......p Edn. 10 by Lord Lindley where the rights of a partner is dealt with in these words: “In the absence of a special agreement to that effect all the members of an ordinary partnership are interested in the whole of the partnership property but, it is not quite clear whether they ar......Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ..

Category: Criminal Law | Date: | Hits: 146

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....on under section 47 is not limited to the question of 'substitution' during the execution proceeding, but it relates to the question of the decree becoming a nullity having been passed against dead persons, some dying after preliminary decree and some even before it. The learned Advocate has als......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ...... ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..

Category: Others | Date: | Hits: 97

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