Judgment search - Chancery Law Chronicles

Displaying 3741-3760 of 4295 results.

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....e charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque......nt and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 katha..

Category: Criminal Law | Date: | Hits: 51

Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)

.... of the year 1969 which shows a much low price of land Of the adjoining area in that period. Obviously, the price of land at that time was much lower than that at the present time. However, it is not disputed that the earnest money of Taka 4,600.00 paid in 1969, would have increased by about 10 time......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..

Category: Property Law | Date: | Hits: 64

Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)

....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......al leave to appeal; and they have come very clearly to the conclusion that it is not." 13. Again, in the case of Radha Krishna Das Vs. Rai Krishna Chand, 28 I. A. 182, the Privy Council, after holding that the leave to appeal granted by the High Court without any certificate under section 596..

Category: Civil Law | Date: | Hits: 117

Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)

....ourt that the Governor passed the impugned order upon acceptance of the Screening Committee's recommendation for retiring the plaintiff on its finding that the plaintiff was inefficient. Nor was it disputed there that by reason of an amendment effected as far back as on the 28th February, 1959 i......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..

Category: Administrative Law | Date: | Hits: 106

Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)

....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......only if this condition is satisfied." 6. Mr. M. H. Khandkar, the learned Attorney-General appearing for the appellant contended that the learned Judges of the High Court erred in not holding that the minimum requirements of legal proof for sustaining an ex-parte decree were lacking ..

Category: Others | Date: | Hits: 103

Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)

.... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ...... failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its award published in the Gazette on 24-2-64 ordered the reinstatement of Nurul Gani after holding that as his services were terminated without assigning any cause the order was wrongful and ..

Category: Labour and Industrial Law | Date: | Hits: 107

Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)

....services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ...... in the "service of Pakistan". Moreover, the terms and conditions of service of the respondents, it is admitted, were not governed by any statutory rules. The learned Judges were, therefore, right in holding that the guarantee under Article 177 of the Constitution of 1962 was not available to the ..

Category: Employment/Service Law | Date: | Hits: 96

M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)

.... its running business together with all its assets and liabilities to the private limited company 'M/s. A. K. Khan Plywood Company Limited' and whether any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on t......urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ..

Category: Fiscal/Taxation Law | Date: | Hits: 82

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

....lities of pecuniary benefits" and confirmed the decree of the trial Court. In the High Court also the suit was treated as being a suit for damages under the Fatal Accidents Act of 1855 and it was not disputed that the girl had died due to motor accident or that the accident had been caused by the ra......tion was raised on the basis that in a suit under the Fatal Accidents Act XIII of 1855 this was the only ground upon which damages could be claimed. The trial Court, however, repelled this contention holding that the suit was both under the said Act as well as under the general law of torts. Furth..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....owing the cause of delay in the inquiry. On the other hand, learned counsel for the accused has traced out the progress of this case from the record minutely. This chart (Annexure 'A') has not been disputed by the learned counsel appearing for the State and the complaint. Its summary shows that ......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..

Category: Criminal Law | Date: | Hits: 96

Commissioner, Khairpur Division, Khairpur and another Vs. Ali Sher Sarki, 1973, 2 CLC (AD)

.... In the result, the appeal is dismissed but as the respondent has not put in appearance there shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 41. ......justice has implied authority to commit him to jail till he complies. Before sub-section (2) was added to section 476 Cr. P.C. an order directing that a complaint be made to a Magistrate for holding an inquiry into an offence referred to in section 195 was not open to appeal. However, a rev..

Category: Criminal Law | Date: | Hits: 49

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....est bidder, who shall at the time of sale, deposit the full amount of the purchase money. It is not in dispute that the procedure laid down in section 525 was followed in conducting the sale of the disputed property. Mr. Asrarul Hussain has not also raised any question as to the applicability ......sed the property in the benami of his relation. Section 167 of Bengal Municipal Act, 1932, provides:— "The sum due on account of any rate under this Act from any person in respect of any holding shall, subject to the prior payment of the land revenue (if any) due to the Government or o..

Category: Banking Law | Date: | Hits: 230

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......te arbitrator and also directing the arbitrator, to whom the dispute may so be referred, to complete the arbitration within one year from the date of receipt of the records from the court and also holding that in case of failure the suit shall proceed. 2. The appellant filed the above M..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....possession, a few facts may not be lost sight of. Adverse possession implies that it had commenced in wrong and is maintained against right. The plaintiff has claimed to have his entry into the disputed land under an agreement of purchase with defendant No.1 who had no title thereto as found...... Md. Fazlul Karim J.- This appeal by leave was to consider the submission that the High Court Division misdirected itself in holding that both the Courts below found that the plaintiff did not acquire title by adverse posses..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....Cinema Hall as a commercial investment with effect from 1st august 1987. This finding is uncalled for and not borne out from Ext. A and on that basis wrongly passed the order of remand and that the disputed electricity bill was for a period from 30-6-82 to 20-8-82 and, as such, the remand order ...... the High Court Division, the learned Single Judge of the High Court Division acted wrongly and illegally in taking the same into consideration and remanding the case on the basis of Ext. A wrongly holding that admittedly the defendant classified the Cinema Hall as a commercial investment with ef..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......the Regulation would have been void, being contrary to the overriding provisions of section 3 of the said Act.” I do not find any reason to differ from that view. 6. There is one more reason for holding so. The respondents are public servants within the meaning of section 2(d) of the Act. Being..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... deed was therefore limited to his daughters and did not include other descendants clearly the provision for appointment of Mutwalli in the deed has been a misreading by the High Court Division by holding that the Waqf Administrator and the District Judge had not followed the provision of the wa..

Category: Trust/Waqf Law | Date: | Hits: 209

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......bsp; M Amin Chowdhury CJ.- This petition for leave to appeal is against judgment and order dated 30th January, 1997 passed by the High Court Division accepting Death Reference No. 6 of 1994 upholding the conviction and sentence of petitioners Giasuddin and Jamal Uddin alias Abullah under s..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......ors, they also became the co-sharer tenants in the case land and as such the applications for pre-emption are maintainable at the instance of the pre-emptors as they had an interest in the case holding as co-sharer tenants.” 6. It may be mentioned Title Suit No. 245 of 1979 i..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... materials by judgment dated 11-8-1999 discharged the Rule. 5. The learned Advocate appearing on behalf of the petitioners submits that the High Court Division committed wrong holding that the petitioners failed to make out any case for rejection of the plaint under Order 7 ..

Category: Property Law | Date: | Hits: 49

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