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Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....the petitioner without any finding as to whether the company concerned retained its independent and corporate character. This contention deserves our consideration." 4. At the time of bearing, our attention was drawn to the fact that each of these three Jute Mills maintained......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
..... 4. Defendant contested the suit by filing a written statement contending, inter alia, that he was an expert and bona fide Caterer and was running hotel and restaurant business for a pretty long time: that at the request of the plaintiff he inducted her as a partner in the business and a deed o...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....Bepari did not, however perform his part of the contract in spite of tender of the balance consideration money and requests of the plaintiff appellants. No suit for specific performance within time could, therefore, be filed due to the dilatory tactics of the owner to perform his part o......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)
....ts was made in the case of Kasinath Das Vs. Sadasiv Patnaik (1893) ILR 20 Cal. 805 which is as follows: "an amendment, so long as it does not alter the character of the suit, may be allowed at any time before judgment. The restriction is only as to the nature of the suit; the law prohibits any su......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. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ound of non-service of summons and the learned Subordinate Judge arrived at a finding that summons, was in fact served, but ''not duly" as the process server did not give the defendants" reasonable time and opportunity to receive the summons" as required under rule 17. The learned Advocate contend......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)
....kabala was unlawful. Accordingly the suit was dismissed. 6. On appeal the learned Additional District Judge took the view that the impugned kabalas were executed by the plaintiff at a time when non-compoundable criminal case was pending against him and found that the execution of th...... 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)
....us. 3. The prosecution case originated from an incident which took place on 4 March, 1969 in the country house of P.W. 11, Nurul Huda, who ordinarily resides in Dhaka city. At the relevant time he was a member of the District Council. In connection with the shifting of a Charitable Dispe......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)
....as born in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) h......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
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....tioner a co-sharer in the disputed holding", it was necessary for the ends of justice to determine the question whether the respondent No. 1 was still a co-sharer tenant in the holding at the time of filing the application for pre-emption. Had the point been determined in the negative respo......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. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....red to be registered, has not, been registered, or, where there is no instrument of transfer, that the transfer has not been completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enfor&......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)
....counts, etc. are necessary." Thereafter the Executing Court appointed a joint receiver who however, could not perform his function as he died immediately thereafter. In the meantime a contractor pressed for his bill and by order No. 272 dated 25.5.76 the Court refused the pr......rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....ere is no finding that the mutwalli is guilty of any act of malfeasance, misappropriation, mismanagement or breach of trust. One of the allegations against him was that he remains most of the time in Dhaka, far away from the Waqf property, and manages the property through other persons to w......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. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....her the latter were really entitled to receive the rent and that in view of this 'bonafide doubt' they (tenants) impleaded the appellants-plaintiffs in the Rent Deposit Case which was pending at that time. M. Pal has relied upon sub-section (2) of section 19 of the Premises Rent Control Ordinance. T......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
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....uit the land forcibly in the first week of April, 1978. This application was filed on 4.9.79 and thereafter on 29.11.79 the defendant-judgment-debtors was directed to appear on 12.4.80 and in the meantime their properties were attached. The District Judge in revision took the view that the petition ...... 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
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
.... respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nat......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Civil Law | Date: | Hits: 95
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... Mr. B. Hossain, learned Assistant Attorney General, verbally disclosed before us that the date of notice for acquisition under section is 14 April 1962 and has referred to section 7(e) for the first time. Secondly, when the Arbitrator fixed the compensation at Tk. 20,000/- per acre taking the avera...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....he testator executed it in sound disposing mind, fully knowing the nature and effect of his action. In other words, it must be proved that the testator had 'testamentary capacity' at the time he put his signature or thumb impression on the will. When a written will is sought to be prov......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
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....atisfactory by his superior, was countersigned by him, As the petitioner had to leave the station for relief work in cyclone hit area in Noakhali he could not cancel the first post mortem report in time. Prosecution witnesses were examined. No witness was examined on behalf of the Defence......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.... respect of such property shall be granted or made by any Court or any other authority, and the Government shall not be divested or dispossessed of such property by operation of any law for the time being in force. (2) Any such legal process as aforesaid subsisting immediately befor......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. ..Category: Property Law | Date: | Hits: 47
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....ars from the following paragraph: ''We have not come across any instance so far of a public servant being prosecuted under the penal law of the land for disobeying the orders of the court but it is time that those beneficial sections incorporated in the Penal Code which appear to have almost gone ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
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