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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. ......n property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is obliged to see that he performs his function properly and for the benefit of ..Category: Property Law | Date: | Hits: 39
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. ......ion…….(7) Though the word 'Official mutawalli’ 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 ir..Category: Trust/Waqf Law | Date: | Hits: 196
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. ......ng at that time. M. Pal has relied upon sub-section (2) of section 19 of the Premises Rent Control Ordinance. This is quoted below: “(2) Where any bonafide doubt or dispute has arisen as to the person who is entitled to receive any rent referred to in section 18 in respect of any premises, the..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. ......ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such..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. ......pellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do bu..Category: Civil Law | Date: | Hits: 114
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. ......ation it is beyond our scope to look into the legality of the said decision of the Labour Court". It is unfortunate that the High Court Division missed the point that the Company is a juristic person and all actions are taken in the name of the Company. Since it has been found both by the L..Category: Labour and Industrial Law | Date: | Hits: 115
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. ......ncome, profits or gains falling within the following classes shall not, to such extent as may be specified in this sub-section or prescribed in this behalf, be included in the total income of the person receiving them,— (i) Any income derived from property held under tr..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......ughter and her husband Paresh remained in Pakistan and as such they looked after him. Haricharan had a second wife, Krishana Moni Devi, defendant No. 2, but he did not consider her to be the proper person to look after his property on his death. On 3 November 1963 Haricharan Nath executed the wil..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... (3) of rule 2 of Order 39 in material for the purpose of this appeal: In case of disobedience, or of breach of any such terms the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be de..Category: Others | Date: | Hits: 93
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. ......id subsisting 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 Governm..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. ......3. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to cer..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. ......use why appropriate action under law shall not be taken against him for having allowed the Trawler in question, BT-102, to escape and not informing the Court till then about the Trawler and to be personally present on the date fixed for hearing. By the same order, Collector if Customs and M.S. Z..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. ......a receiver in respect of the property of an infant in a suit under the Guardians and Wards Act, 1890 from the members of the family. Here, the principle for selection and appointment of particular person as a receiver has clearly been stated. The exercise of discretion being judicial must be exe..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. ......o enforce any claim or lien against a vessel or her owners in respect of any damage or loss to another Vessel, her charge or freight, or any property on board her, or damage for loss of life or personal injuries suffered by any person on board her, caused by the fault of the former vessel wh..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
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. ......g aside those of the lower Appellate Court. 7. Section 143A of the State Acquisition and Tenancy Act since omitted by Ordinance LXIV of 1975 reads as follows:- "(1) Any person aggrieved by an entry or omission of entry in the record-of-rights prepared or revised and ..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. ...... T. H. Khan, the learned Counsel appearing for the respondent argues that in a proceeding under section 491 of the Code of Criminal Procedure, only the State is a necessary party and no other person is required to be added as a party. In the instant case the appellant, who claims th..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. ......Sarat Kumar Banerjee v. Munshi Abdul Bari, (1931-32) 36 CWN 844, it was held that "where the tenant of a non-transferable occupancy holding gave a usufructuary mortgage thereof to a third person and subsequently, default, having been made in the payment of rent, the landlord obtai..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. ......e Bangladesh Agricultural Development Ordinance, 1961 provides as follows: “74. (1) No suit shall be instituted against the Corporation, the Chairman, and the Director, any person associated with the Corporation or any officer, advisor or any person acting under the auth..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. ......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..Category: Criminal Law | Date: | Hits: 79
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....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. ...... not ever made any attempt to mutate his name in khatian Municipal Register. Section 2(5) of the Non-Agricultural Tenancy Act provides that "Non-Agricultural tenant" does not include any person who holds any land on which any premises occupied by such person are situated, if such premi..Category: Property Law | Date: | Hits: 39