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Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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. ......er of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot stand in the way of combining the prayers as made by th..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule 19 of Order V of the Civil Procedure Code, are mandatory in all cases, such as, where there is a declaration by the serving officer that summons wa...... 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judgment Shahabuddin Ahmed J.- The questions that fall for determination in this appeal are whether the provisions as to enquiry, as contemplated in rule 19 of Order V of the Civil Procedure Code, are m..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... 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. ......ul and what not the consideration or object of an agreement is lawful, unless- it is forbidden by law, of; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or Involves or implies injury to the person or property o..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....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. ......s with the properties when a person died intestate. It runs as under: "If an intestate has left no heir qualified to succeed to his or her property in accordance with the provisions of this Act, such property shall devolve on the Government; and the Government sha..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. ......, no such conclusion can be drawn. Being fully aware of their predicament the appellants have come up with an application for additional evidence. The application does not attract any of the provisions of Order 47, rule 27 of the Code. We reject the application for additional evidence.&..Category: Property Law | Date: | Hits: 34
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....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. ......other law in force or any in deed or instrument, such as Waqf Deed. According to the Waqf Deed the appellant is a fit person for appointment as mutawalli, and in fact, he was so appointed. But provisions of section 44 override all other things contained either in the Waqf Deed or elsewhere ..Category: Trust/Waqf Law | Date: | Hits: 196
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ounter-claim made, by the defendant-respondents in the plaintiff's suit is not entertainable. 5. Mr. M. B. Rahman. Advocate-on-Record appearing for the plaintiff-appellant, referred to the provisions of Order 8, rule 6 of the Code of Civil Procedure and submitted that as the rule makes n..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....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. ...... crux of the whole matter is whether the proviso to the general exemption shall apply in this case. 3. The Income-tax Act has under gone several amendments since 1951. So only the relevant provisions will be reproduced to appreciate the point raised in this case. Sub-section (3) of ..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......xact position as specifically provided in clause (e) of section 7 of the Emergency Requisition of Property Act, which is quoted below: "the arbitrator in making his award shall have regard to the provisions of sections 23 and 24 and sub-section (2) of section 35 of the Land Acquisition Act, 1894..Category: Property Law | Date: | Hits: 42
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. ......the testator had 'testamentary capacity' at the time he put his signature or thumb impression on the will. When a written will is sought to be proved, it must be proved by fulfilling the statutory provisions namely, provisions of sections 67 and 68 of the Evidence Act governing proof of a docume..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. ......rated at the instance of M/S. Gannysons Ltd. since the properties were abandoned and the Government did not come forward to save the properties in question from the sale by taking advantage of the provisions of Article 14(1) of P.O. No. 16 of 1972. The appellants who were shown as judgment-debto..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......ized such right…………….(12) Right to specific performance of contract for sale of any property is a right relating to property. It must, therefore, receive protection in the absence of any provisions of law to the contrary. There are no such provisions of law. The Order of abetment is vac..Category: Property Law | Date: | Hits: 38
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. ......ong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge to proceed against the appellant in accordance with the provisions of rule 4 (c). Order XL of the Civil Procedure Code. Further, the Bureau of Anti-Corrup..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......red by Order 40, rule 1, C.P.C. should, therefore, be sparingly used. These aspects were considered in Sardar Wali Muhammad vs. Sardar Muhammad Iqbal Khan Mokal, PLD 1975 Lah 492. 13. The provisions for the appointment of a receiver is to be considered as one of the harshest remedies fo..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....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. ......e of Muslim Mondal and others Vs. The State, 14 DLR 595 where it was observed: "I am afraid in view of the provision of section 264 of the Code of Criminal Procedure; the provisions of section 367 cannot apply to a judgment passed under the former section". ..Category: Criminal Law | Date: | Hits: 41
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. ......f satisfied by the statements made in the plaint can extend the period beyond two years even without a formal application. 15. For deciding this point, it would be necessary to consider the provisions of section 8 of the Maritime Convention Act, 1911. It runs as follows: &qu..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. ......Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of section 26G of the Bengal Tenancy Act in view of the amendment of this Act in 1928, ..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. ......ded the case to that court for re-hearing the appeal on merit according to law. In the course of the judgment, the learned Judges observed as follows: "From a reading of provisions of section 74 of the Ordinance it appears to us that sub-section 1 contemplates suits f..Category: Employment/Service Law | Date: | Hits: 63
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. ......r the decree has been executed. The learned Advocate further contends that the learned Single Judge ignored the express provision of rule 12 of Order XXII, Civil Procedure Code, which say that the provisions as to substitution under rules 3 and 4 are not applicable to a proceeding in execution o..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. ......n petition is hit by any of the two provisions it is to fail." This is a correct approach and it is interesting to note that the learned Judges commented that these two provisions though expressed in different language "create anomaly”. "The r..Category: Civil Law | Date: | Hits: 107
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