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Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......he learned Judges of the High Court Division allowed the appeal holding that the award was void ab initio since it was made beyond the statutory period of limitation. 6. Appellant obtained leave to consider whether the learned Judges of the High Court Division were wrong in not holding t..

Category: Civil Law | Date: | Hits: 111

Ram Chandra Das & others Vs. Md. Khalilur Rah­man & another, 1984, 13 CLC (AD)

....firmed by the High Court Division was confirmed with modification of granting solatium of Tk. 15000.00 in addition to the balance consideration money in favour of the defendant appellants considering special circumstance of the case………..(17) Cases Referred to- Jadu Nath Gupta vs. Chand......of the contract as the parties did not intend it to be so and that specific performance would not cause undue hardships to defendants. 5. Being aggrieved, defendants moved this Court and obtained leave to consider whether the findings of the trial Court as affirmed by the High Court Division tha..

Category: Civil Law | Date: | Hits: 109

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....ourt for the aforesaid period. Section 34 of the Code of Civil Procedure provides for award of interest on the aggregate sum till the date of realization on an earlier date……………..(66) In special circumstances, the Court's discretion must be exercised in favour of the appellant company. ...... 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

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....Civil Revision No. 682 of 1982.) Judgment                  Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order in Civil Revision No. 682 of 1982 mak......vision No. 682 of 1982.) Judgment                  Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order in Civil Revision No. 682 of 1982 making the ..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....f 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in F.A. No. 94...... (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in F.A. No. 94 of 1979..

Category: Business or Commercial Law | Date: | Hits: 114

Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)

....ion, Dhaka Bench in Apportion No. 1 of 1981. Judgment                Badrul Haider Chowdhury J.- This appeal by special leave is directed against the order of the High Court Division in application No. 1 of 1981......ka Bench in Apportion No. 1 of 1981. Judgment                Badrul Haider Chowdhury J.- This appeal by special leave is directed against the order of the High Court Division in application No. 1 of 1981 under s..

Category: Fiscal/Taxation Law | Date: | Hits: 131

Abdul Kader & ors. Vs. A. K. Noor Moham­mad & ors., 1984, 13 CLC (AD)

....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. ......as the claim of the defendant No 1 and defendants Nos. 3-5 are concerned will be of no legal effect are set aside". 3. Being aggrieved plaintiff-appellants moved this Court and obtain leave to consider whether the learned judges of the High Court Division had incorrectly applied th..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....hammad Yunus, 15 DLR SC 20 and observed: "It is the consistent view of judicial authorities that amendments of the pleadings are allowed, even when a legal right had accrued to the ether party, if special circumstances of the case out­weigh such consideration. In exercising this power, the Court......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)

....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.......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)

....No. 1255 of 1979.) Judgment                    Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order in Civil Revision No. 1255 of 1979 pa......5 of 1979.) Judgment                    Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order in Civil Revision No. 1255 of 1979 passed by ..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....nt and order dated 3rd May, 1982 passed by the High Court Division in Civil Revision No. 1324 of 1979.) Judgment      Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in Civil R......rder dated 3rd May, 1982 passed by the High Court Division in Civil Revision No. 1324 of 1979.) Judgment      Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in Civil Revision ..

Category: Property Law | Date: | Hits: 112

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....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. ......ned 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 leave to consider whether in the face of the documentary evide­nce as above mentioned the High..

Category: Property Law | Date: | Hits: 34

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....nd Appeal No. 201 of 1982. Judgment                   Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in Second ......l No. 201 of 1982. Judgment                   Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order of the High Court Division in Second Appeal N..

Category: Property Law | Date: | Hits: 24

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....on No. 692 of 1982.) Judgment                    Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order passed by the High Court Division in ......92 of 1982.) Judgment                    Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judg­ment and order passed by the High Court Division in Civil Re..

Category: Property Law | Date: | Hits: 39

Golam Ather Chow­dhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)

.... revision lies to the High Court Division against the District Judge's order in appeal. In case an order is passed under section 43, that is, when the Administrator appoints a mutawalli in certain special cases not covered by the Waqf Deed or where the Administrator finds difficulty to appoint a......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)

....983. (From the judgment and order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 1981.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the respondents-tenants are entitl­ed to de...... (From the judgment and order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 1981.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the respondents-tenants are entitl­ed to deposit re..

Category: Tenancy Law | Date: | Hits: 166

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....angpur Bench in S.A. No. 1355 of 1968.) Judgment                 Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judg­ment and order passed by the High Court Division in ......ench in S.A. No. 1355 of 1968.) Judgment                 Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judg­ment and order passed by the High Court Division in Second A..

Category: Property Law | Date: | Hits: 27

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

....f 1983. (From the judgement and order dated 22nd May, 1982 passed by the High Court Division in Civil revision No. 340 of 1981.) Judgment Badrul Haider Chowdhury J.- This appeal by way of special leave arises out of judg­ment and order passed by the High Court Division in Civil Revision...... (From the judgement and order dated 22nd May, 1982 passed by the High Court Division in Civil revision No. 340 of 1981.) Judgment Badrul Haider Chowdhury J.- This appeal by way of special leave arises out of judg­ment and order passed by the High Court Division in Civil Revision No. 340..

Category: Civil Law | Date: | Hits: 114

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

....ision in Criminal Revision No. 29 of 1982.) Judgment                Badrul Haider Chowdhury J.- This appeal by special leave arises out of the judgment and order passed by the High Court Division, Rangpur Bench...... Criminal Revision No. 29 of 1982.) Judgment                Badrul Haider Chowdhury J.- This appeal by special leave arises out of the judgment and order passed by the High Court Division, Rangpur Bench in Crim..

Category: Labour and Industrial Law | Date: | Hits: 115

Messers United Shipping Corpora­tion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....;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. ......5(1) of the Code of Civil Procedure which was summarily rejected by the learned Judges of the High Court Divi­sion. 4. Being aggrieved plaintiff-appellant moved this Court and obtained leave to consider whether in the absence of any express provi­sions for making counter-claim i..

Category: Civil Law | Date: | Hits: 95