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

....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. ......red firm or whose name does not appear on the Register of the Firms, to enforce his rights against the firm or any partner of the firm is by bringing a suit for the dissolution of the firm. Order 6, Rule 17, C.P.C. was relied upon in support of the contention. And further, insofar as the amendment ..

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.................................Respondent Judgment April 25, 1984. Result: Tthe appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconcepti..

Category: Procedural Law | Date: | Hits: 93

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... 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. ...... 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

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

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

....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. ......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

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

....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. ......er is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory perso..

Category: Property Law | Date: | Hits: 39

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

.... 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. ......side the order of the District Judge and affirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable indepen­dently inasmuch as Rule 32 (1) CPC pro­vides an independent remedy to the decree holder in case the judgment-debtor vi..

Category: Civil Law | Date: | Hits: 114

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

....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

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. ......;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 Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

.... matter has been trans­ferred. In the result therefore this appeal is dis­missed. No costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure (Amendment) Act of 1976 and sub-rules (3) and (4) had been omitted and a new rules 2(a) had been asserted. Rule 2 (a) as under: "In case  of disobedience any injunc­tion granted or..

Category: Others | Date: | Hits: 93

M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)

....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. ...... 14(1) of P.O. No. 16 of 1972. The appellants who were shown as judgment-debtors in the decree preferred an appeal from Original Order No. 170 of 1982 before the High Court Division and obtained a Rule. After hearing the appeal and the connected Rule on 9th November, 1982 the High Court Division..

Category: Property Law | Date: | Hits: 47

Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)

.... 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. ......mained in possession of the property in part performance of the contract for its sale. 8. It appears from the judgment of the High Court Division that the only ground upon which it discharged the Rule is that the property in question is, in the opinion of the learned Judges, an abandoned properl..

Category: Property Law | Date: | Hits: 38

Md. Muzaffar Hossain Vs. King Fishers Indus­tries Ltd. and ors., 1984, 13 CLC (AD)

....nd judicious application of those penal clauses would have some deterrent and beneficial impact upon the public servant who chooses to disobey the orders of the court or the law. Punishment under the Contempt of Courts Act, in our view, is not stringent or deterrent enough for such glaring cases of ......llaneous Ap­peal No. 501 of 1981 before the High Court Division and also made an application for stay of operation of the order. 5. On October 7, 1980, the High Court Division, after hearing the Rule issued upon the application for stay, marked as Civil Rule No 1284 (FM) of 1980, allowed the pr..

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. ......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. ..

Category: Property Law | Date: | Hits: 45

Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)

.... 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. ......bsp; Syed Md. Mohsen Ali J.- This appeal by the defendant is against the judgment and order dated 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error ..

Category: Property Law | Date: | Hits: 30

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....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. ......namely, Principal Officer, Mercantile Marine Depart­ment, Chittagong is the Controlling Authority of the plaintiff-appellant. Defendant-respon­dent No. 3 filed an application under Order 1, Rule 10 of the Code of Civil Procedure for striking out its name. Defendant-respon­dent No. 2 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

....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. ......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. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......in accordance with law. 7. The 2nd party respondent then moved the High Court Division for quashing the proceeding under section 561A of the Code of Criminal Procedure and obtained a Rule in Criminal Revision No. 56 of 1983 which was ultimately made absolute and the pro­ceeding..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Abdul Karim Meah Vs. Arch Bishop, Chris­tian Missionaries and another, 1984, 13 CLC (AD)

....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. ...... the claim cannot be realised in the same suit by emending the plaint. The learned Advocate has laid emphasis on the words "he shall not afterwards sue" appear­ing in sub-rule (2) of Rule 2 which, he con­tends, means that a subsequent suit is barred. In support of this argument..

Category: Civil Law | Date: | Hits: 87