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Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....greement of exchange. It was held that such Memorandum is not a contract or deed of exchange which along on registration can pass title to the parties concerned. The Court observed “that the whole controversy between the parties rest on the fact of a memorandum on the rights of the pa......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. ......urchase when the plaintiff offered the suit house at a price of Tk. 1000/-; that the price has to be paid in installment of Tk. 5000/-; that on 14.8.56 the plaintiff accepted Tk. 1000/- as earnest money; that the plaintiff told the defendant to keep the transaction secret as his aunt Nalins..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. ......stees which they are willing to furnish now. Further it appears from the record that a sum of Taka 7,78,792/- was found to be payable to the receiver vide court's order No. 321 dated 29.1.77. This amount also as record speaks remains unpaid". The Executing Court, however, noticed the c......took the view that the decision of the High Court Division should be implemented by furnishing a bank guarantee for Tk. 3,50,000/- but the receiver "should also get at least his part bill money besides the Bank guarantee to be furnished by the Board of Trustees which they are willing t..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......he person who is entitled to receive any rent referred to in section 18 in respect of any premises, the tenant— (a) may deposit such rent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or ......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
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. ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......f Khatian No. 125 of Schedule ‘Kha’ in borga like their father. Having difficulties in paying rent in crop Mafiz and Mahim prayed to the landlords for conversion of Khatian No. 123 into money rent and further prayed for leasing out the land of Khatian 125 to them by fixing a jama. Na..Category: Property Law | Date: | Hits: 27
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. ......, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which is not given by law&hellip......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. ..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....er-claim, its fate is dependent upon the plaintiff's suit. Set-off falls to the ground if the plaintiff's suit is discontinued or dismissed. The object of set-off is to extinguish a portion or whole of the plaintiff's claim. Apart from the plaintiff's suit the set-off has no legs to stand up...... discharging the cargo. Defendant-respondent No. 2 deposited in the plaintiff-appellant's account in Holland U.S. dollar 149,986.14 only instead of U.S. dollar 200,472. 80 being the total amount of freight leaving a balance of U.S. dollar 50,576,60. In spite of several reminders and law...... a balance of U.S. dollar 50,576,60. In spite of several reminders and lawyer's notice respondent did not pay up the outstanding balance. 3. Defendant-respondents appeared in the aforesaid money suit. In their written statement defendant-respondent Nos. 3 and 4 made a counter-claim amoun..Category: Civil Law | Date: | Hits: 95
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ....... Although there is no particular period within a week a requisitioned land is to be acquired after notice for acquisition has been served, yet when the value of the land was increasing but that of money was decreasing the compensation to be paid now on the valuation of the year 1962 would cause..Category: Property Law | Date: | Hits: 42
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. ......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. ......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
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....defendant Nos. 4-10 who are tenants in possession of the premises of schedule 1 and the suit as well as the application were filed by him in collusion with them. Appellant No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plain......pellant No. 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he brought up from childhood and spent considerable amount of money over his marriage, but also managed well the property left by his father. Due to h....... 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he brought up from childhood and spent considerable amount of money over his marriage, but also managed well the property left by his father. Due to his single ..Category: Property Law | Date: | Hits: 45
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... defendant No. 1 would furnish a Bank guarantee through defendant No. 2. On March 25, 1976 a Bank guarantee was accordingly furnished by defendant No. 3 in favour of defendant No. 4 to pay any amount in respect of incidents to the appellant's vessels. On March 23, 1977 the guarantee was ext......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
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. ......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. ......n was that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in money execution case, the mortgagor's right to redemption came to an end and the auction pur&s..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. ...... left as office, and in any other case delivered to or left at the officer or place of abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place abode of the intending plaintiff; and case ......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. ..Category: Employment/Service Law | Date: | Hits: 63
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. ......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. ......le in peaceful possession of the suit property contracted to sell the suit land, its building thereon to the plaintiff for a consideration, of Taka 12,000 and on receipt of the entire consideration money executed a Bainapatra in his favour on 15.1.71 and handed over the possession of the suit pro..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......opolitan Magistrate was not competent to challenge the same order again before the High Court Division under section 561A of the Code of Criminal Procedure as this amounts to second revision, which is barred by sub-section (4) of section 439 of the Co......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....uit No. 27 of 1979, and also made an application for raising his claim to Tk. 39,000/- explaining that he had put his claim at Tk. 5000/- earlier because of his inability to pay Court-fees for the whole of his claim at the time of filing the suit. Objection was raised by the defendant-respondent...... hit by rule 2 of Order II of the Civil Procedure Code. The learned Judges took the view that when the plaintiff claimed Tk. 5000/- in the suit, he consciously relinquished his claim exceeding this amount and thereby brought the claim within the pecuniary jurisdiction of the Court of Munsif and t......rsquo;s argument. The decision reported in 45 ILR as relied upon by Mr. Shahabuddin Ahmed appears to cover both law and fact of the instant case. There the plaintiff filed the suit for recovery of money due on a mortgage of the 1st April, 1915. There was a previous mortgage dated 7 January, 1914..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....such adjudication is to be performed in accordance with the laws of the country and the rules of procedure. Any deviation from such course is bound to affect administration of justice inasmuch as the whole system rests on public confidence and once the public confidence is shaken there ends the matt...... at on initial stage may be justified when the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution could amount to harassment to an innocent party and abuse of the process of the court.” It was ......o. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.000/- totaling Tk. 25,500/- towards the repayment but immediately sent a telegram from Chittagong stating that there is shortage of money in his account and cheque need not be presented. Subsequently it seems the parties have made..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....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. ......continues and proceedings remain pending till the final decree is passed, yet it so continues and remains pending only for a limited purpose, such as, in the case of mesne profit, to ascertain the amount in terms of the preliminary decree, and that the rights or liabilities of the parties have a......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
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..Category: Tenancy Law | Date: | Hits: 101
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......raised obviously with an eye on the quantum of sentence provided under the two parts of the section. 10. Section 304 Penal Code provides for punishment for culpable homicide not amounting to murder. The first part of the section provides for a punishment of imprisonment life,...... neighbour. Jatin developed illicit relationship with Saya Rani, daughter of accused Bijoy, after a peaceful married life of one year. At the same time, he began to put pressure for realisation of money on account of dowry and started ill-treating and torturing his wife Usha Rani. There was Shal..Category: Criminal Law | Date: | Hits: 51
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