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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. ......d the Court passed the following direction: "It is accordingly directed that the learned Subordinate Judge should effect the delivery of possession of the properties in question to the decree-holders, only after the decree-holders have furnished a bank guarantee......ubmitted. Under such circumstances, there can, in our opinion, be no question that the Court should direct a thorough scrutiny into the accounts of the Receiver. It is, moreover, clear from the facts which have transpired in the Course of the arguments addressed to us, that even if the accou..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. ......il Revision No. 369 of 1983.) Judgment Shahabuddin Ahmed J.- This appeal by a Mutawalli calls in question an order of the Administrator of Waqfs appointing a Committee of Official Mutawallis ......but to deprive him of his right to appeal against the removal the impugned order has been couched in the language of section 44 which does provide for appeal or revision. 5. So far as the facts of the case are concerned, there were some vague allegations against the appellant, part..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. ...... judgment and order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 1981.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the respondents-tenants are entitled to deposit rent with th......the case to the trial Court to determine the question whether 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 an..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. ......lease could be granted to them and therefore korfa pattan was mentioned. This position shows that Ext. C series were created for the purpose of the suit the inference drawn from such document is a question of law and there is no escape from the conclusion that the trial court was correct in draw......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)
.... 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. ......C provides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitory injunction given in a decree by a Court. 3. Leave was granted to consider the question whether a petition under Order 21, rule 32 was maintainable in the facts and circumstances ......-debtor violated the order of prohibitory injunction given in a decree by a Court. 3. Leave was granted to consider the question whether a petition under Order 21, rule 32 was maintainable in the facts and circumstances of the case and whether the impugned order could be sustained. 4. As has..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. ......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
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....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. ......bsp; Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High Court Division allowed the respondent exemption of income tax on correct ......-ul-Huq does not question the correctness of the decision of the Pakistan Supreme Court in the previous case relating to different assessment years namely 1955-56 and 1957-58, but contends that the facts and circumstances of that case were different in that the assessee could not establish the r..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......Appeal No. 52 of 1978.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial......ired he was taken into custody for 21 days. His father, Rajendra, had six sons and six daughters and according to P.W. 1, all except Indu Prova were Indian nationals all through. Considering these facts and circumstances the learned District Judge disbelieved the evidence of D. W. 4 Hiralal, and..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. ....... No. 332 of 1981.) Judgment Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the expression "Court granting an injunction" in rule 2(3) of Order 39 o...... 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
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. ......id not take any steps to protect the properties. The appellant, therefore, filed Miscellaneous Case No. 958 of 1981 under section 47 of the Code of Civil Procedure claiming that the decree in question is incapable of execution in view of Article 14 of the Bangladesh Abandoned Property ......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)
.... 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. ......pellant obtained leave of this Court to consider whether the order of abatement was rightly recorded in the absence of an assertion by the Government that it has taken possession of the property in question. 4. Mr. Khondker Mahbubuddin Ahmed, Counsel for the appel......tial must be conceded. Before the suit was filed by the appellant for specific performance of the contract, the Government should have exercised its direction and cancelled the contract, but as the facts stated above show that the Government failed to taken action prior to the filing of the suit, ..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. ......petitions the High Court Division added the aforesaid defendants as respondent Nos. 4 and 5 in F.M.A. No. 501 of 1980 and issued direction upon them to explain under what circumstances the Trawler in question was allowed to escape. Appellant was also directed by the High Court Division to show cau...... present on the date fixed for hearing. By the same order, Collector if Customs and M.S. Zenith Shipping, Local Agent of appellant in F.M.A. No. 501 of 1980 were directed to file affidavit explaining facts and circumstances leading to the escape of the detained Trawler. After hearing the parties con..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. ...... rights to property. It should, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………&hel......ertions of appellant No. 1 regarding full payment of all such taxes and dues payable in respect of the disputed property, plaintiff-respondent No. 1 would seem to have no legs to stand upon. Broad facts remained that it is appellant No. 1 who maintained the entire family since his father's death..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......982 passed by the High Court Division in Civil Revision No. 1161 of 1982.) Judgment Shahabuddin Ahmad J.- The appellant is a monthly tenant of the respondents in respect of the premises in question. He has been ordered to be ejected on the ground of the landlords' bonafide requirement of ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ...... attracted when an appeal lies and the obligation is that the learned Magistrate before passing any sentence records a judgment in the case". In this case, it was a case of acquittal. The question is whether in case of acquittal the learned Magistrate is obliged to write a judgment......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up for hearing but the Court passed the order on due consideration of the facts and circumstances of the case. Passing of such order in such manner is not an illegality. Pas..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......nt of the dispute and offering of some compensation, the time limit fixed under section 8 of the Maritime Convention Act, 1911 to bring an action in court can be considered, whether the question of limitation being a mixed question of law and fact, can be decided without e...... of its vessels, by the defendants vessels, namely, M.V. MINI LARK, M.V. MINI LANCE, M.V. LUCK and M.V. MINI LIGHT. 3. In Admiralty Suit No. 2 of 1980 which was filed on February 11, 1980, facts as stated in the plaint show that the vessels, M.V. AFRA and Barage FARIDA belonging to the ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ath Guha & ors...................................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Off......late Court did not consider the question of possession holding that it was not material for deciding a case under section 143A. The learned Judge of the High Court Division on consideration of the facts and circumstances of the case affirmed the finding of the trial Court holding that no complic..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ......f proceedings and for the ends of justice, it is necessary that both the parties, namely, the appellant claiming to be husband of the detenue and the father of the detenue should be heard over the question of legality of the detention and the custody of the detenue on release, and the matter sho......her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the facts disclosed the appellant has no locus standi to be impleaded in the proceeding under section ..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... obtained by the defendant-appellant to consider whether the High Court Division has correctly construed the documentary evidence in ascertaining the nature and character of the lands in question and also whether the High Court Division correctly applied the provisions of sectio......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Property Law | Date: | Hits: 35
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