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Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....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. ...... 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 be joined as defendant claiming relief against all&helli..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ...... Procedure………………………..(10 & 11) When the Labour Court exercise its jurisdiction for trial of offences under the Labour law, it does so as a Magistrate of the 1st Class but when the punishment is given and sentence is r..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......s a question of fact whether the compromise has been acted upon or is covered by a decree which is a mixed question. If the compromise has been acted upon or is covered by decree then it is settled law that compromise is exempt from registration. 7. Mr. Khondker could not assail the point th..Category: Property Law | Date: | Hits: 49
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. ......fter the reference was made was unable to accept the finding of the trial court that the parties before Arbitrator had waived the question of limitation and, therefore, the award was not barred by law and came to the conclusion that the award having been given well beyond the statutory period of..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 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. ......urts below were wrong in not dismissing the suit for not impleading the necessary parties; and (c) That the contract between petitioner and the former National 1 of Pakistan having been supersede law, the right of creditor and the obligation of the debtor having merged in the same hand i.e. Gove..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. ......not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of law. So no interference is warranted………………….(4) ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... 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. ......hare of the parties in the immovable property notwithstanding the agreement of settlement. Civil Petition No. 17 of 1984 was also filed by the plaintiff respondent. Since common question of facts and law are involved both of them are disposed of by this judgment. 3. Defendant is the appellant in..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......nce under section 15C of the Income Tax Act. Revenue filed an application under section 66 of the Income Tax Act which was marked as Application No. 1 of 1981 raising the following question of law: "1. Whether on the fact and in the circumstances of the case the Tribuna..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. ......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 the law of part performance as contained in section 53A of the Transfer of Property Act. 4. Mr...Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....ion of the firm or for accounts of a dissolved firm, or any right or power to realize the property of a dissolved firm". Appellant's suit was originally for declaration of the shares and accounts. By amending the prayer he now also seeks dissolution of the firm. It is difficult to understand why t...... nature and character of the suit requiring the framing of fresh issue and permission to produce evidence by both parties to the suit so as to enable the Court to decide whether the requirements of law as laid down in section 44 of the Partnership Act for dissolution partnership were fulfilled o..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.......ed. 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 misconception of law as well as non-consideration of material evidence, and as such is not immune from interference..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. ...........................Respondent Judgment August 24, 1984. The Code of Criminal Procedure, 1898 (V of 1898), Section 345 The Contract Act, 1872 (IX of 1872) The law encourages settlement of dispute, either by Panchayet or by Arbitration or by way of compromise..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....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. ......idence Act , 1872(1 of 1872), Section 145 The Penal Code, 1860 (XLV of 1860),Sections 34, 147, 149 and 436 The basis of constructive guilt under section 149 is mere membership of an unlawful assembly; the basis of the offence under section 34 is participation in an act with the com..Category: Criminal Law | Date: | Hits: 66
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. ......ollows- "92. (1) The interest of a raiyat in a holding shall be extinguished— (a) When he dies intestate leaving no heir entitled to inherit under the law of inheritance to which he is subject; (b) When he surrenders his holding at..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. ......nd was purchased by registered kabalas dated 9.3.77 within the knowledge and with the consent of respondent No. 1. The jama of the disputed holding having already been separated in accordance with law, respondent No. 1 ceased to be a co-sharer. He could not pre-empt the case land without deposit..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....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. ...... for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a licensee and the appeal was correctly allowed in accordance with law………….(8) Cases Referred to- Maniklal Mansukhbha..Category: Property Law | Date: | Hits: 24
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. ......audited and expenditure of over Taka 43,00,000/- by the Receiver had been consistently as being unauthorized unaudited and further contention of the appellant that the High Court Division erred in law in observing that the decree-holder appellant have been setting up "contrivances to get ou..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....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. ......utawalli under section 44. This section is quoted below: "44. Appointment of Official mutawalli.- Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where conside..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....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. ...... to 10 July, 1975 Parul Bala Ghose transferred the entire premises to the plaintiffs-appellants. This transfer was notified by the plaintiffs, new landlords, to the defendants-tenants through their lawyer one Mr. Jashimuddin. The tenants did not pay any rent to the plaintiffs, new landlords, but a..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......that Korfa pattan. The trial Court concluded that the contention of the plaintiff that these were created after the State Acquisition and Tenancy Act when the Sannayal became raiyat by operation of law and on a mistaken notion thought that no lease could be granted to them and therefore korfa pa..Category: Property Law | Date: | Hits: 27
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