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Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......ther case is that since they failed to show any valid document the defendant did not admit them as landlord nor paid any rent. 6. The S.C.C. Judge upon a consideration of both oral and documentary evidence found that from Ext. 5 series and Ext. 11 it was clear that the defendant had been a mont..Category: Others | Date: | Hits: 96
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......g void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......thout notice. 5. The trial court framed a number of issues including an issue about the alleged fraud and collusion in the matter of execution of the two lease deeds, and on consideration of the evidence, rejected the contentions of the defendants and held that the lease deeds were executed, ..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......e first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......nder section 100 of the C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......on 302 of the Penal Code and that the appellant was liable, if at all, to be convicted only under section 326 of the Penal Code. 6. Both the trial Court and the High Court Division relied on the evidence of P.Ws. 1, 2 and 7. P.W.1 gave the prosecution case. At the time of the occurrence Yasin's..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......e is also Reported in: 37 DLR (AD) (1985) 47. ......ord to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Port Authority mentioned about the storage of 3337 bags of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumsta..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ther.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of comp...... of Ext. 2 Solenama. 6. Mr. M.H. Khondker appearing for the defendants appellants contended that Ext. 2 did not divide the whole dags and even if it had purported to be done it was inadmissible evidence not being registered as it compromised property outside suit inasmuch as such solenama is c..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......Reported in: 37 DLR (AD) (1985) 27. ......ho instead of giving award thereon held the respondent liable for payment. (4) The Arbitrator passed the award on the basis of departmental recommendation and did not take any evidence. (5) The award was passed in violation of the principle of natural justi..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......cific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary to find whose failure to carry out his obligations......dants moved this Court and obtained leave to consider whether the findings of the trial Court as affirmed by the High Court Division that time was not the essence of the contract was justified by the evidence led in the case. Defendants' contentions were that one of the reasons for not accepting t..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 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. ......to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......resident's 1972 held that the Sonali Bank was the successor-in-interest of the National Bank of Pakistan and therefore, had the right of recovery of the debt owing to that Bank. After considering the evidence and materials on record it further held that the suit was not barred by limitation and also..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....Karar which recorded the relinquishment of their interest In those assets was compulsorily register able under section 17(1) (3) of the Registration Act, but as it was not registered the document was inadmissible in evidence to prove to dissolution of the partnership and settlement of accounts. This...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ....................Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoi..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....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. ...... suit premises by the Government after it was requisitioned in 1947, the continued litigation by the appellants as well as the different sets of defendants since 1966, the oral and documentary evidence relating to the respective claim of each of these parties in those cases and the results ..Category: Property Law | Date: | Hits: 36
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. ......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......y of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Court for disposal taking fresh evidence as may be necessary due to such amendment……………(20) The partnership firm is an ..Category: Property Law | Date: | Hits: 99
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....... This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......f 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconception of law as well as non-consideration of material evidence, and as such is not immune from interference in revision under section 115 C.P.C. The Hi..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. ......s also Reported in: 36 DLR (AD) (1984) 240. ......he plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabala was the compounding of a non-compoundable c..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....General contends that the learned Single Judge of the High Court Division misconceived the provision of law governing criminal revision against an order of conviction, took into consideration some inadmissible evidence and thereby misdirected himself by unjustly and illegally interfering with th......e their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... and set the house on fire in order to apprehend the miscreants. But the accused persons were falsely implicated out of grudge and enmity. The learned Assistant Sessions Judge, on consideration of evidence of 16 witnesses for the prosecution and two witnesses for the defence, rejected the defenc..Category: Criminal Law | Date: | Hits: 66
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. ...... is also Reported in: 36 DLR (AD) (1984) 225. ...... claim by filing a suit in the Civil Court. Hence the suit mentioned above had been filed for declaration of right, title and interest. 3. The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the propert..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. ......also Reported in: 36 DLR (AD) (1984) 220. ...... 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 shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional ev..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. ...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......a Second Appeal was filed and the High Court Division remanded the appeal to the Appellate Court below for "rehearing on the ground that the First Appellate Court had not discussed the defence evidence and that the appellate Court had not given conceiving reason to the discard the evidence o..Category: Property Law | Date: | Hits: 24
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. ....... This Case is also Reported in: 36 DLR (AD) (1984) 203. ...... has been further pointed out, again, the learned Counsel contends that when there were allegation of breach of trust, mismanagement, malfeasance and misappropriation against the appellant and when evidence was also recorded against him in respect of these allegations, the impugned order app..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. ......sts. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ....... Now the position is very clear. It is that the tenants got notice of the premises to the appellants but they did not pay any rent to them. The trial Court came to a clear finding that ''there is no evidence on record that the defendants offered rent to the plaintiffs after coming to know that the ..Category: Tenancy Law | Date: | Hits: 166
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