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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. ......t maintainable in the present form inasmuch as the carrier who is the necessary party being omitted the claim could not be adjudicated in their absence. Defendant No. 4 contended that this being a case of short landing the port has no liability for the claim, a short landing certificate having b..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. ......g to implement the aforesaid terms of the said agreement. Accused were summoned by the Labour Court under section 26 of the Employment of Labour (Standing Orders) Act, 1965 in the Criminal case being Criminal case No. 61 of 1982. 4. The accused appellants submitted that they had..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. ...... Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of compromise in a suit, property not being the subject-matter of the suit and in case of such ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... this condition is broken, either party to the agreement can treat the arbitration as at an end. But a condition in an agreement has not the same effect as a statutory condition which goes to the root, of the jurisdiction of a Court or any other authority. It is like any other condit...... it had expired. This should be considered as waiver of the condition regarding limitation for passing the award…………………..(12) In the instant case the consent of the appellant in continuation of the arbitration proceeding is obvious since he..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......ision was confirmed with modification of granting solatium of Tk. 15000.00 in addition to the balance consideration money in favour of the defendant appellants considering special circumstance of the case………..(17) Cases Referred to- Jadu Nath Gupta vs. Chandra Bhusan (1931)36 CWN 28 5;..Category: Civil Law | Date: | Hits: 109
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. ......overnment nor the Jute Marketing Corporation was impleaded in the suit, it was pot maintainable. The learned Judges of the High Court Division observed as follows: "From the facts disclosed in the case, it is clear that the management and control of defendant No. 1 including its Jute Division had..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. ...... for declaration that he is still in service. On revision, the High Court Division took the view that the Additional District Judge incorrectly applied the principle laid down in the case of New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. In this view of the..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. ......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 that case the plaintiff can claim the unpaid money with compensation but not the partnership which has al..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. ......tion 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 Tribunal was justified in finding that the Income Tex Officer and the Appellate Assistant..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. ......raining the Government from interfering with the peaceful possession of the plaintiffs. On 27th February, 1975 they, however, withdrew the suit and filed the present suit. 2. Their further case was that defendant Nos. 1 and 2 tiled Title Suit No. 107 of 1966 in the 4th court of Subordina..Category: Property Law | Date: | Hits: 36
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. ......or dissolution is required to be made in a suit for dissolution, the declaration of partner's share therein and taking of accounts map be necessary, depending on the facts and circumstances of each case. He also mentioned that the findings arrived at by the trial court regarding the title and circ..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.......ption of law as well as non-consideration of material evidence, and as such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proce..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. ......fence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at t..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. ...... The alteration of the finding by applying section 149, instead of section 34, is not bad in law as ‘‘common intention" and "common object" have overlapped in this case……….(9) The respondents being members of an unlawful assembly and w..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. ...... of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned and possessed by one Gouri Dasi, her mother who was on..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. ......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 the High Court Division for disposal. Cases Referred to- Pa..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. ......is the appellant. Plaintiff respondent filed the suit being O. Suit No. 93 of 1964 in the Court of Munsif, Chittagong for ejectment of the defendant M. A. Sattar (predecessor of the appellant). His case was that the defendant was a friend of his and on his request the plaintiff gave the defen..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. ......o account-principles to be followed passing accounts. Court’s duty in regard to of expenditure made by the receiver is to have them duly checked by a competent Accounting Authority. In case it is found the receiver is to be re-inforced for expenses made by him under Court’s dir..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. ......quot; to manage and administer certain waqf property when a Wakf estate is taken over by him by a Notification under section 34(1) of the Ordinance; but no such situation has arisen in the instant case, it has been further pointed out, again, the learned Counsel contends that when there were all..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. ...... May, 1977 they impleaded the new landlords as an Opposite Party in Rent Deposit Case No. 112 of 1975 while they had filed against the previous landlady Parul Bala Ghose and in connection with that case they began depositing rent with the Rent Controller. The plaintiffs-landlords served a notice u..Category: Tenancy Law | Date: | Hits: 166
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