Search Options
Judgment Advanced Search
Displaying 6101-6120 of 7133 results.
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. ......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. ......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Govt. of Bangladesh represented by the Director of Movement & Storage Department of Food ........................ Appellant. ......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. ......pany including the jute stocks in the three godowns mentioned above which were hypothecated with the Bank for the satisfaction and discharge of the loan. In case of the appellant's inability to repay according to the stipulations in the loan agreement, it is the Government which is liable for the co......ali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed or ignored on the plea that the security on the basis......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. ......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. ......lationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……..(4)&......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)
....ch has been put to an end by conscious volition of the parties on 16.4.67. 12. Her only claim remains is for the sum of money, and after hearing both the sides we have been advised to do complete justice in the cause and accordingly we have treated Civil Petition for claim of money. Before we pr...... the plaintiff that the partnership is still continuing is devoid of any substance………..(9) As per terms of dissolution of the partnership part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was acted upon, in t......ore contention of the plaintiff that the partnership is still continuing is devoid of any substance………..(9) As per terms of dissolution of the partnership part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was......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. ......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. ...... March 22, 1984. The Income Tax Act, 1922 (XI of 1922) Section 15(1) (2) (3) (4) Sub-section (3) of section 15 gives exemption from tax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of th......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. ......p; 12. In the instant case before us facts are distinguishable inasmuch as the plaintiff-appellants here did not bring this suit to protect their possession as against Noor Mohammad who, according to them, entered into the agreement for sale on 20.9.50 but filed the suit for declaratio......plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show that the land has been de-requisitioned. No claim of hostile title was ever made before in ......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)
....g Mo Hnaung, AIR 922 PC 249 corresponding to ILR 48 Cal. 832. The relevant passage is as follows: "All rules of Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that ......inally claimed by the appellant related to his claim of title in the partnership firm, but with the prayer made in the proposed amendment there would be change of relief. The proposed amendment would accordingly bring in the question of determining the existence or non-existence of the circumstances......cedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot...... 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.......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.......D) (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. ......ervention of the local headmen and the villagers the parties were advised to settle their dispute and in terms of the Salishnama both parties agreed to compromise by exchange of lands and accordingly litigations were withdrawn. The suit is liable to be dismissed. 5. The trial co......allowed by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise……&helli...........................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. ......47. The act of destruction of the house by fire is not warranted by the fact and circumstances of the case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: ......nd guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) Lawyers Involved: M. Moazzem Hossain, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on- Record—For the Appellants. Rafi......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. ...... will be discussed in appropriate place. In this case the defendant Government of Bangladesh claim the property by way of escheat since Gouri Dasi died intestate without leaving any heir according to it. When the claim is founded on escheat the onus lies on it to show that the owner of...... of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of a......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)
.... 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 an injustice additional evidence is permissible for the decision of the Court. The case is remanded to t......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. ......& ors.............................Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), 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 r......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. ......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. ......e 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 Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page...... 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. ......and he should not be prejudiced if a bank guarantee to the tune of Tk. 3,50,000/- is furnished by the decree-holder and the Court passed the following direction: "It is accordingly directed that the learned Subordinate Judge should effect the delivery of possession o............Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the cust......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. ......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. ......ed Mohsen Ali J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The ......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. ......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. ......ment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after t...... 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. ......low in correct perspective. Ext. 3 Likhon was issued in 1348 B.S. for the lease of the land of both the Khatians. Appellate Court below considered that there was no corroborative evidence and accordingly disbelieved this Likhon. The High Court Division rightly pointed that there was positiv...... Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such person has been expressly admitted to be a tenant by hi......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
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. ......the case myself Having regard to the evidence, both oral and documentary on record, I am satisfied that the plaintiffs and not the defendants Nos. 1.2 and 3 are in possession of the suit land and accordingly they are entitled to the relief prayed for." 5. Judgment of the High Court Division w.............................. Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited fro......e order of injunction and evidence may be adduced by the respective parties. In the result the appeal is allowed and the 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)..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. ......tered 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 under the ......3. The Employment of Labour (S.O) Act, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with ..Category: Labour and Industrial Law | Date: | Hits: 115
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....ounter claim and there is no reason for setting it aside on the ground 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 def......;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. ......ut of the same transaction even if is in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10 and 12) Cases Referred to- United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 AD; ......rule 6 Counter Claim The counter claim arising out of the same transaction even if is in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10 and 12) Cases Referred to- United Liner Agencies of..Category: Civil Law | Date: | Hits: 95
18541852185118501849184818471846184518441843184218411840183918371836183518341833