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....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......ratic tradition and its evolution over the decades. For instance this proposition is fully valid in Britain. Modem tendencies even in England has led judicial opinion to modify such dictum in its absolute form. Lord Denning observed:—
"It is no longer necessary for the judges to wring the..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....d any illegality in the trial court's decree. 6. Leave was granted to consider the following questions: 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6, Rule 4 of the Code of Civil Procedure and also bad for mis-joinder of causes of action. 2. Whet......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....aintiff about the fact of shortage absolves the plaintiff of any legality……………….(15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....tion of liability when any property is taken over by the Government as abandoned property. In the present case whether such determination has at all been made by the Government in accordance with the Rules made under the Order cannot be decided in the absence of the Government as a necessary party. ...... 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)
....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. ......nbsp; 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 rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....noticing AIR 1947, Lahore page 13 is no longer good law. AIR 1966 (SC) 1300 has followed Ajudha Vs. Shams (AIR 1947 Lah 13 and quoted with approval a passage of Cornelius J (as be then was) Order 21 Rule 49 C.P.C. throws light on the point. An interest of a partner is partnership assets is intended...... 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
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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 ......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)
..............................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......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)
.... 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. ......lding is extinguished under sub-section (1), the Revenue-Officer may enter on the holding and the holding shall with effect from the date on which the Revenue-Officer so enters on it, vest absolutely in the, Provincial Government free from all encumbrances except the encumbrance on the ..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)
....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......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
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....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...... view of the matter allowed the revisional application. The High Court Division was moved under section 115(3) of the Code and the learned Single Judge in Civil Revision No. 340 of 1981 made the rule absolute after setting aside the order of the District Judge and affirmed the order of the trial cou..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
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....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. ......, Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property by will under the Hindu Law, of his own volition and in p..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... 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......in the Court of Subordinate Judge, 1st Court, Dhaka. Plaintiff also filed an application for injunction and on 3.12.74 the order of injunction was issued and on 7.2.75 the said order was made absolute by the Subordinate Judge, 1st Court Dhaka. Thereafter on 14.1.76 the learned District Judg..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
.... 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......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
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....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...... 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
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