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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. ......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. ......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.......nce of contract for sale of a premise in Dhaka Municipal area. The suit was filed on 7 January 1974 and was decreed ex parte on 28 September 1974 when the defendants, though served with notice as the record shows, did not appear to contest. The defendants challenged the decree by filing an applicati......able. If the defendant has been directly tendered with the summons by the process server and on refusal of receipt of such summons by the defendant, no question of exercise of due diligence in the service arises and in that circumstances service by hanging is appropriate. Cases Referred to- ..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. ...... 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
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. ......nlawful assembly is guilty, even if he did not do any overt act. The finding of the learned Single Judge that no offence was committed by the respondents is perverse and unwarranted by evidence on record. 8. The trial Court held the respondents and 12 others guilty of rioting under secti......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. ..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. ......hy;ting objections from all persons interested in the holding and shall consider any objection that may be submitted to him within the period specified in that behalf in the notice and shall record a decision. (4) Any person aggrieved by an order passed by the Revenue-Officer u......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. ......08), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing a......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
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. ......ses. Thereafter the learned Judge considered the nature of the occupation of the defendant and came to the view that the defendant was a licensee under the plaintiff and in this view of the matter recorded the finding as under: ''In my view as stated above the status of the def......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. ..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. ......he receiver "should also get at least his part bill money besides the Bank guarantee to be furnished by the Board of Trustees which they are willing to furnish now. Further it appears from the record that a sum of Taka 7,78,792/- was found to be payable to the receiver vide court's order No.......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
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....e has been appointed to administer and manage the estate for a period of two years. Inclusion therein of the rival pasties is intended for management of the estate, in a spirit of co-operation and goodwill keeping in view the interests of the waqf property and its beneficiaries. 7. Now ......pointed out, again, the learned Counsel contends that when there were allegation of breach of trust, mismanagement, malfeasance and misappropriation against the appellant and when evidence was also recorded against him in respect of these allegations, the impugned order appointing a Committ......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)
....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. ......ther the defendants were defaulters in payment of rent after the transfer of the suit premises. Leave was granted to consider whether in the facts and circumstances of the case as appeared from the record the order of remand was warranted and justified. 5. Mr. Abdul Hannan, learned Advocate fo......nsfer. It is not disputed that the appellants, after the transfer, served a notice upon the tenants-respondents through their lawyer one M. Jashimuddin. Defendant No. 1 in his deposition admitted the service of the notice though he could not give the date. But about two years after the transfer, the..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. ......, however, reversed the decision and allowed the appeal and found that the defendants are in possession by making reservation as under: "The PRR in my opinion has been correctly recorded in the names of Sannyals because they did not lease out to either party. It is their khas......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....e appeal on remand for re-hearing. It appears that the suit out of which the present appeal arises was instituted as far back as in 1962 and the first appeal was disposed of in 1965. It will entail a good deal of hardship on the parties if the appeal is sent back on remand to the lower appellate Cou......sed of in 1965. It will entail a good deal of hardship on the parties if the appeal is sent back on remand to the lower appellate Court after a lapse of 13 years. I have, therefore, gone though the records of the case myself Having regard to the evidence, both oral and documentary on record, I a......ee, no doubt, if he take this precaution and the judgment-debtor fails to obey the decree the case against the latter is completely proved, but it is quite possible for the decree-holder even without service of notice to show conclusively that the judgment-debtor had an opportunity of obeying the de..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... registered office at Fouzdarhat Industrial Area, in the district of Chittagong. The respondent was an employee of its Bogra Sales Depot. On charge of short supply and unauthorised delivery of goods to one M/s Ally Bross of Rangpur the respondent was found guilty for misconduct. Acting unde...... Zakir Ahmed appearing for the respondent submitted that the respondent is a poor worker and the finding is that he made delivery to Ally Bros, on a misunderstanding and the Labour Court also recorded that due to the misunderstanding of the invoice the delivery was made contrary to what the......ion of the Company the appellant informed the respondent that he had been found guilty of misconduct in connection with the company's business and therefore he has been dismissed from the Company's service with immediate effect under section 17(3)(b) of the Employment of Labour (Standing Or..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....ound that the amount of the counter claim is much bigger than that claimed in the plaint by the plaintiff. One of the ends of justice is to avoid multiplicity of proceeding and it cannot be a good argument for pushing the defendant to filing a separate suit because the amount claimed b......;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
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ust to give training to the poor persons in any trade or profession, such as Hand-loom industries, then the Trust will be required to enter into the business of buying raw materials, and producing goods and selling them in the market and in doing so some profit might be derived; and it is this p......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......bject. 4. Mr. B. Hossain, learned Assistant Attorney-General, has contended that compensation should be assessed on the average value of land during the period of 24 months prior to the date of service of notice for acquisition under section 5(1) of the Emergency Requisition of Property Act...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. ...... mark to the will. This requirement has been fulfilled by the evidence of these four witnesses. 7. In addition to this direct evidence as to execution of the will, there is expert evidence recorded under section 45 of the Evidence Act. This is the evidence of P.W. 5, a hand-writing exper......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. ..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. ...... the appellant and also prayed for attachment of their property. This petition was marked as Miscellaneous Case No. 9 of 1978. The learned Subordinate Judge 5th Court found the appellant guilty and recorded an order of conviction for disobedience of the order of the Court. The appellant contended...... 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. ..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ......intent to help the father of the deceased to falsely prosecute the husband and father-in-law of the deceased under section 302 of the Penal Code. He, therefore, committed forgery, falsification of record and criminal misconduct as a public servant punishable under the aforesaid offences. ......ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ..Category: Criminal Law | Date: | Hits: 58
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. ......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. ......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
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