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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. ......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 Welfare 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......;…………..(16) Receiver’s lien is actually a Court’s lien which cannot be lost. If it is found in fact to exist, the Court is honour-bound to order payment of the same to him………………………........(iv) Mujibul Hoque...Tk. 7,86,402.26 Clause (v) Shabnam Traders ... Tk. 7, 60,000.00 Clause (vi) Habib Askari... Tk. 1,00,000/-Clause (vii) Azizullah...Tk. 35,000/-Then to cap it all item 8 showed loans from other individuals (without specifying their names) Tk. 2,96,000/; borrowing from Bank is..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....th the Rent Controller. Subsequently, when the notice of transfer of the premises was served through a lawyer by the plaintiffs claiming to be the purchasers of the premises, they made the plaintiffs parties to the Rent Deposit Case. As such they are not defaulters. 4. The trial Court held that ......t upon the defendants terminating the tenancy and thereafter filed a suit, S.C.C. Suit No. 1 of 1979, in the Court of Subordinate Judge, Sylhet, for ejectment of the defendants on the ground of non-payment of rent from Poush 1381 B.S., roughly corresponding to January 1975, till the termination ......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. ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....efendants are in possession by making reservation as under: "The PRR in my opinion has been correctly recorded in the names of Sannyals because they did not lease out to either party. It is their khas land. Neither plaintiff's vendor nor defendants was able to record th......d Mohim at a rental of Rs. 15/8/- annas on 15th Chaitra, 1348 B.S. after receiving Nazarana and issued a Likhon in favour of Mahim and Mofiz who had been possessing the land as tenant on payment of rent to the Sanayal landlords. The present provisional rent Roll Khatian has been f......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
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. ...... 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. ......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. ......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......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. ......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. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....eed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parties as well as the Government and should have sought relief against them, particularly whe......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. ......cer of the Court or any other authority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness th..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....vernment 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......His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was ag...... 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. ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....rty in question appears to be great and imminent, such appointment may be made………….(13) There is no reason for appointment of a receiver in the present case, particularly when the courts below did not find any mismanagement or damage to the proper......k charge of schedules 1 and 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen t......t No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plaintiff-respondent No. 1 was married in 1978 by spending Tk. 35,000/- taken on loan. Plaintiff-respondent No. 1 sold almost his entire share from the property of schedule No. 1 t..Category: Property Law | Date: | Hits: 45
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 Premises Rent Control Ordinance which ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....uot;The powers of the High Court under section 115 CPC are wide and it has been held by the Calcutta and other Courts that action can be taken under this section even without application by the party aggrieved". He also referred to AIR 1954 Madras, 864 (Full Bench), in......on of the evidence of the defendants alone without discussing the evidence of the plaintiff found that the plaintiffs have no possession in the suit land and that the suit for simple declaration on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and in that view of the ma...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....ecord —For the Respondents Nos. 1 & 2 (In all the appeals.) M. Hafizullah, Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For Respondent No. 3. Ex-parte—For the Respondent No. 4 (In all the appeals.) Civil Appeal No. 113 to 116 of ......curred by the appellant and that their claims were never repudiated on the ground of limitation by respondent No. 2. On the other hand the appellant was offered some amounts though not in payment of full compensation and was assured of an amicable settlement on the ground of negotiatio......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
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......sts were made transferable by an amendment of the Bengal Tenancy Act in 1928. His further contention was that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in......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 Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....cumstances leading to this appeal 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 political pa......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. ......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. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....1 and handed over the possession of the suit property to the plaintiff. It was stipulated that Aziza Bibi would execute the sale deed after obtaining Income Tax Clearance Certificate. In early part of February, 1971 said Aziza Bibi left for Dhaka and she did not return to Mymensingh. As such...... 1972. If Aziza Bibi purchased the entire property taxes should have been paid only by Aziza Bibi and not by her sister Hazera Bibi and the High Court Division further considered that the payment of Municipal taxes does not prove that the plaintiff was in possession asserting her own r......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....tion of the omitted claim in the suit by amending the plaint. Amendment of the plaint may be allowed at any stage of the proceeding if it is found necessary to determine the real issues between the parties and if it is not a case of relinquished claim by suing afterwards..………......f is debarred from suing afterwards for the omitted portion. But the learned Subordinate Judge rejected the objection and allowed the amendment raising the claim to Tk. 39,000/- on the plaintiff's payment of the required court-fees, by his order dated 15th April 1981. This order was challenged b......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....of procedure………………….(6) Civil and criminal liability The question is whether it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused and on behalf of the trust thereon.......borrowed from time to time between the period 18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the purpose of their business. It is stated that the complainant brought pressure for repayment on 24.7.75 the accused No. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19....... in the business is a mere creditor or his partner. In the case of ex parte Delhasse 1877-78 Volume VII Law Reports page 511 it was held that though an agreement is expressed to be an agreement for a loan to a partnership under sec. 1 of Bovill's Act, and contains a declaration that the lender shall..Category: Criminal Law | Date: | Hits: 146
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....e Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
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