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Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
.... relief merely because it is lawful to do so. Specific 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 t......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. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor ...... 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. ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....Vs. Leon Fang Ai.....................................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 ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
.... an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income and nor it was invested by him, the question of rebate or exemption from t......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....ernment of East Pakistan as it then was but it could not lake possession of the suit premises by evicting the plaintiff appellants there from. Noor Mohammad Bepari did not, however perform his part of the contract in spite of tender of the balance consideration money and requests of the plai......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. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....t December 11, 1983. Result: The appeal is allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for dec......upon taking such fresh evidence as may be necesÂsary 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. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ed in this case. 2. This appeal is directed against the High Court Division's order dated 4 March 1982 in Civil Division No. 495 of 1981 reversing an order of the Subordinate Judge by which an ex parte decree dated 28 September 1974 was set aside under Order IX Rule 13 of the Civil Procedure Cod......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...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have se...... 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. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....e, 1860 (XLV of 1860),Sections 34, 147, 149 and 436 The basis of constructive guilt under section 149 is mere membership of an unlawful assembly; the basis of the offence under section 34 is participation in an act with the common intention of doing that act. The alteration of the finding ......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....t for payment of the rent as it falls due and ceases to cultivate his holding either by himself or by members of his family or by or with the aid of, servants or labourers or with the aid of partners or bargadars for a period of three successive years; (d) When such inte......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. ..Category: Property Law | Date: | Hits: 112
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....to execute the kabala after obtaining a Nadabi from his aunt; that the defendant paid Tk. 7100/- in 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 Co......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. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....,000/-. It is further directed that the learned Subordinate Judge shall hear the application filed before him en 10.6.76 by the decree-holder on its merit after he has afforded opportunity to the parties concerned to represent before him". Thereafter numerous attempts wer...... checking by Sheristader. 14. Next as has been mentioned, Rule 3 of the Order 40 enjoins upon the Court to hold the receiver to correct strictness in rendering their accounts and thorough investigation of the accounts supported by voucher is proper. Mere submission of the accounts is no..Category: Property Law | Date: | Hits: 39
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....ring. It appears that the suit out of which the present appeal arises was instituted as far back as in 1962 and the first appeal was disposed of in 1965. It will entail a good deal of hardship on the parties if the appeal is sent back on remand to the lower appellate Court after a lapse of 13 years....... 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. ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which is not given by law…………&......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. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mdash; (i) Any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, and in the case of property so held in part for such purposes, the income applied, or finally set apart for application, thereto: ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... Prova, grand-daughter of the testator through his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attacked with partial paralysis in the right side of his body about three months before his death and that his o......es heavier for the profounder, or the person who claims under the will and that the Court in such cases must take every caution in accepting the evidence as to due execution and that if on careful investigation the suspicion is not removed, then the evidence as to execution should be reject..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....vernÂment itself cancelled the order of allotment of the first floor of the premises in question on the representation of the plaintiff-appellant and he has remained in possession of the property in part performance of the contract for its sale. 8. It appears from the judgment of the High Court...... The order of abatement is vacaÂted and the suit will now proceed in accorÂdance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....application. Dr. Hossain contends that the revisional court has got jurisdiction to see whether the finding as to bonafide requirement has been based on proper consideration of evidence on record particularly on correct Interpretation of section 18 of the PreÂmises Rent Control Ordinance which ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without howÂever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
..... In Jogendra Chandra Das vs. Debendra Nath Ghose, (1934-35) 39 CWN 428, it has been held that "between a landlord purchaser of a non-transferable occupancy holding at a rent sale and a third party purchaser, there is no distinction in respect of the duty to annul an existing encumbrance on......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. ..Category: Property Law | Date: | Hits: 35
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....cumstances leading to this apÂpeal by special leave are briefly described in the following paragraph. 2. In the last Presidential Election, the electioneering fever reached its peak in the first part of November, 1981 and in the course of the election campaign two groups of rival poÂlitical pa......¦â€¦...........Appellants Vs. The State..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and di..Category: Criminal Law | Date: | Hits: 79
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