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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......g Court to effect delivery of possession to the appellant on their furnishing bank guarantee of Tk. 3,50,000/-. This order was frustrated because in the meantime a move was made by the receiver for appointment of a joint receiver in the person of Khawja Mohiuddin who, however, could not..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......on of other persons. The learned Counsel for the appellant contends that in the face of this and other allegations, the appellant has been virtually removed from his office in the disguise of appointment of the Committee of management. But on perusal of the order of the Administrator we do ..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
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. .........................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement o..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... premises in question is No. 4. Asad Avenue, Mohammadpur, Dhaka. It consists of several rooms. The appellant has been occupying one such room as a monthly tenant and running a business there from the time of the previous owner, one Mrs. Amirunnessa. The respondent got title and possession of the ent...... 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)
.... High Court Division, Rangpur Bench discharging the rule and affirming the judgment of the lower appellate court. It appears that no one appeared on behalf of the appellant-petitioners at the time of the hearing of the rule before the High Court Division. The learned Single Judge however en...... 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)
....plications were heard analogously by the Admiralty Court which allowed the application filed by respondent No. 2 on the finding that the plaint is barred under section 8 of the Maritime Convention Act, 1911. Application filed by the respondent No. 3 for striking out its name was ......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
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
....an Deb Nath & others.......................Respondent Judgment December 7, 1983. The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
..... T. H. Khan, learned Advocate for the appellants, contends that the appellants were, in fact, discharged twice before on the same allegation and now they have faced the same allegation for the third time; but as there is no fresh evidence brought against them it is not at all open to the learned Ma......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)
....abala through court upon filing of necessary certificate. 5. The Government of Bangladesh preferred First Appeal being F. A. No. 157 of 1976 before the High Court Division. In the meantime the plaintiff decree-holder filed execution case No. 30 of 1974 for execution and registration......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
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....is own materials” does not make the tenant owner of the land as well as the structures. The materials were used because the landlords were not in position to procure or purchase them at that time, but they gave permission for using these materials on specific condition that the tenant woul......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
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