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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. ...... The trial court noticed that the plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabala was the compounding of a non-compoundable case. Its view was that the plaintiffs failed to prove that the consideration of the suit kabala was unlawful..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....ly inadmissible, so far as the evidence of P. Ws. 1, 2, 4 and 7 is concerned who implicated them in their evidence during the trial. This document is found to have been taken into consideration on erroneous view of law. 6. The learned Deputy Attorney-General hay next referred to another ......sible, so far as the evidence of P. Ws. 1, 2, 4 and 7 is concerned who implicated them in their evidence during the trial. This document is found to have been taken into consideration on erroneous view of law. 6. The learned Deputy Attorney-General hay next referred to another document w..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....tive. The Crown takes directly by succession under that paragraph and not by any prerogative right to ownerless property under which, but for the statute, it would otherwise have taken. It will be erroneous to bring this conception while considering a case in the Codified Law namely the State Ac......ho died intestate. A Misc. Case was started being Case No. 14 of 1975-76 and the plaintiff appellant filed objection and the same was heard by the Deputy Commissioner who by his order expressed the view that the plaintiff was required to establish her claim by filing a suit in the Civil Cour..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. ......r had ceased to be a co-sharer and in rejecting the application for additional evidence without giving any reason. 4. Syed Ishtiaq Ahmed, Counsel for the appellants, submitted that in view of the ground taken by the appellants specifically in their written objection regarding the s..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. ......t of sale as found by the Court of appeal below and inducted as such by the plaintiff in the premises, should be treated as a licences or not." The learned Single Judge on reviewing the evidence came to the conclusion that the defendant in the instant case having Ken in po..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. ......Division had already passed an order in C.R. No. 840 of 1976 dated 3.8.76 directing the court to deliver the possession of the property to the decree-holder. The Executing Court, however, took the view that the decision of the High Court Division should be implemented by furnishing a bank g..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. ......by another revisional application, but this application was also rejected by a learned Single Judge of the High Court Division by an order, dated 24 January 1984 upholding the District Judge's view that the Administrator's order under section 44 cannot be challenged in revision. The appella..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. ......ld not be a ground for ejectment; and as to the non-payment of rent after the transfer, the learned Single Judge held that this question should have been investigated by the trial Court and in that view of The matter set aside the decree for ejectment and remanded the case to the trial Court to de..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view that the appellate Court below had drawn erroneous inference………..(6) Cases Referred to- Abu Nasser......The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view that the appellate Court below had drawn erroneous inference………..(6) ..Category: Property Law | Date: | Hits: 27
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. ......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 under Order 21, rule 32 was not maintainable and in that view of the matter a..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. ......n the concurrent jurisdiction of the Labour Court, Rajshahi and the Labour Court, Chittagong and the law says that exclusive jurisdiction in such case lay with Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed……..(5) Lawyers ..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. ......is admissible under rule 6 of Order VIII or otherwise." 9. Dr. Zahir submitted that a counterclaim by way of equitable set-off is permissible, particularly in view of the discretion of the Court to allow it or not to allow it under the provisions of Order 8,..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
.... Income-tax Act. We also do not see any reason for the respondent to re-agitate the same issue in a subsequent case. The view taken by the Tribunal is correct and that of the High Court Division is erroneous. 14. In the result, all the appeals which involve the same are allowed. The impug...... own. In these circumstances, the respondent claimed exemption from income-tax under section 4(3) (i) of the Income-tax Act. But the Income tax Officer rejected the claim taking the ground that in view of the proviso of this section the exemption is not available. Order of the Income-tax Officer..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....68. This contention is palpably wrong being contrary to the statutory provision as quoted above. The learned Single Judge as well as the learned Arbitrator did not notice this statutory provision and erroneously took, the average value during the period between requisition in 1961 and acquisition in......e average value during the period between requisition in 1961 and acquisition in 1968. 5. But neither the Government nor the land owner in this case is entitled to any benefit from this erroneous view taken by the learned Single Judge. Neither party was aware of this provision in section 7(e) of..Category: Property Law | Date: | Hits: 42
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. ...... will under the Hindu Law, of his own volition and in perfect sense causes such deprivation, the Court is helpless to mitigate the deprivation…………….(13) In view of satisfactory proof of due execution of the will by the testator who executed it in ful..Category: Property Law | Date: | Hits: 118
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. ......h the business was so transferred". The amendment of the rule has been made in India, no doubt, to remove the very confusion as the learned Counsel himself has stated that the consistent view of the High Court of Madras and Patna was that the transferee court can perform the same funct..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. ......eputy Commissioner, Dhaka, who is the prescribed Authority held thorough enquiry, inspected relevant documents, examined witnesses and thereafter submitted a report to the Government expressing the view that the property being a private limited company registered in the territory now comprising ..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. ......ernment. After the promulgation of Martial Law Regulation No. VII of 1977 the learned Subordinate Judge passed the order of abatement of the suit suo motu on November 24, 1977. An application for review of this order filed by the appellant was rejected on February 14, 1978. Against these orders th..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....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. ......se 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 willful disobedience by a publi..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. ......atisfy the Court that the property in possession of the defendant is in danger of being wasted. 11. Other legal principles in the matter of appointment of a receiver should also be kept in view. These principles require the exercise of caution about putting a third party as a receiver of..Category: Property Law | Date: | Hits: 45
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