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Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....ord and in view of the findings made by the trial court that the defendant was a tenant under the plaintiff the defendant cannot evade ejectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (A..Category: Others | Date: | Hits: 96
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....side the leases as a whole, there can be no doubt that the leases forming parts 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..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... Accordingly he decreed the suit in favour of the plaintiff. On appeal by the defendant-appellant, however, the learned subordinate Judge reversed the aforesaid findings of the learned Munsif and dismissed the suit. Plaintiff being aggrieved by the appellate decree preferred second appeal No. ..Category: Property Law | Date: | Hits: 46
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....lly short landed should come down to 2230 bags only. Plaintiff-appellant was, therefore decreed the proportionate value of 2230 bags and its claim with regard to 3337 bags of cement was accordingly dismissed. As to not taking delivery of 3337 bags of cement which, as appears from the out-turn rep..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....ing terms of the agreement without further delay. 6. The appellants being aggrieved filed Criminal Appeal No. 307 of 1983 before the High Court Division, Dhaka Bench. A learned Single Judge dismissed the appeal holding that the appeal was not maintainable on the ground that the juris..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....s entitled to 1/3rd of the suit dag and not of the suit land. In that view of the matter plaintiff's suit was decreed. The appellate Court below concurred with the findings of the trial Court and dismissed the appeal preferred by defendant’s No. 1 to 5. 4. In Second Appeal being S.A. No. 6..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....as passed in violation of the principle of natural justice." 5. Appellant contested the suit claiming that the award is not liable to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challen..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....hers. ...................................Appellants Vs. Md. Khalilur Rahman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific perform..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....n at the rate of 12% per annum till realisation. 7. Appellant company preferred First Appeal No. 27 of 1981 in the High Court Division. Respondent Nos. 2-6 did not file any appeal. The appeal was dismissed by the High Court Division. The learned Judges expressed their reluctance to allow additio..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....opriation upon a supplementary charge-sheet whereupon the Committee recommended dismissal of the plaintiff. This dismissal order was challenged by way of suit. 3. The trial Court dismissed the suit. On appeal, however, the appellate Court be low took the view that the plaintiff..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ll along in this country but she did not get the property released and she did nothing for the partnership since the dissolution in 1967 and prayed for dismissal of the suit. 5. The trial court dismissed the suit on the finding, inter alia, that the plaintiff ceased to be a partner on and from..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....7 of 1966 defendant No. 1 got his name mutated in the S. A. record. The predecessor of defendant Nos. 3-5 filed Title Suit No. 19 of 1967 for canceling the compromise decree, but the suit was dismissed. Plaintiff No 2 and two others filed Title Suit No. 82 of 1968 against defendant Nos-1 an..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....raborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment April 25, 1984. Result: Tthe appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order V, rules 17 & 19 The Civil..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....were advised to settle their dispute and in terms of the Salishnama both parties agreed to compromise by exchange of lands and accordingly litigations were withdrawn. The suit is liable to be dismissed. 5. The trial court noticed that there were "litigation between the parties&..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....nce, rejected the defence plea of innocence, held 18 of the accused persons guilty and convicted and sentenced them as aforesaid and acquitted the remaining 19 accused. The appeal filed by them was dismissed by the Additional Sessions Judge with slight modification in the finding as stated above...Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....d witness. On the other hand, the evidence of D.W. 1 Abdur Rouf, Field Kanungo was relied on that Gouri Dasi was a prostitute and she died without any heir. In this view of the matter the suit was dismissed. On appeal the appellate court below considered that the evidence of P.W. 2 that the plai..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....annexure A, A (1), B, B (1), and C(1) respectively. By their judgment dated 6.1.83 the learned Judges of the High Court Division rejected the application for additional evidence and also dismissed the appeal. 3. Appellants moved this Court against this judgment and obtained lea..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....n all upto February, 1963 and was willing to pay the balance and that he was in possession in part performance of the contract. On this averment the suit was contested. 4. The Trial Court dismissed the suit on ground that the contract for sale was more probable and the defendant was not..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....acity because he was at the same time a beneficiary in the Trust Property. The learned District Judge did not find any illegality in the order of the Executing Court and in that view of the matter dismissed the revision petition. The other revision filed by the receiver for his entertainment and..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
.... section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference 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 Re..Category: Trust/Waqf Law | Date: | Hits: 196