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Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....h Court Division in Civil Revision Nos. 149 and 560, both of 1996. The present appellants are defendants in Title Suit No. 123 of 1990 and Title Suit No. 14 of 1991. The present respondent Sree Ratan Chandra Sarker filed both the suits, Title Suit No. 14 of 1991 for partition and Title S......h Court Division in Civil Revision Nos. 149 and 560, both of 1996. The present appellants are defendants in Title Suit No. 123 of 1990 and Title Suit No. 14 of 1991. The present respondent Sree Ratan Chandra Sarker filed both the suits, Title Suit No. 14 of 1991 for partition and Title S......nsequently he acquired no title in the case property on the basis of his kabala deed. Cases Referred to- Abdul Kader and others vs AK Noor Mohammad 36 DLR (AD) 261; Mahaprabhu Ram vs Gopal Ram and others 42 DLR (AD) 158; Lal Meah and others vs Haji Md Ibrahim Meah and other......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....r bail. Ed. ......r bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..Category: Criminal Law | Date: | Hits: 50
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment Apri......: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha Begum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others…………………… Respondents Judgment Apri......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......ommon object, four of them caused the death of Giasuddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take forcible possession of...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ...... Vs. M/s. MF Limited, a Private company limited by shares........................Respondent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional AttorneyR..Category: Fiscal/Taxation Law | Date: | Hits: 92
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... Cases Referred to- P Lakshmi Reddy Vs. L Lakshmi Reddy AIR 1957 (SC) 314; Dwijendra Narain Roy Vs. Joges Chandra De AIR 1924 Cal 600; AIR 1932 Privy Council 92, Venkata Subarnma Vs. Ramayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. Ananga Moha......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......r Ind App 585 (PC); Jadu Nath Poddar Vs. Rup Lal Poddar, ILR 33 Cal. 967 (983‑984) Dharam Chand Vs. Mauji Saha, 16 CLJ 436, Naraklal, Vs. Thagoo Lal, AIR 1915 Cal. 819, Mathura Mohan Saha Vs. Ramkumar Saha, AIR 1916 Cal. 136 (141); Thayil Mammo and another Vs. Kottiath Ramunni and others, A......urisdiction and not binding upon them. By that order the Government forfeited the suit land plaintiff No. 1 claimed to have auction purchased in Rent Execution Case No. 533 of 1933 in the benami of Krishna Lal Kundu, father of plaintiff No. 2 The plaintiffs' case is that after the auction purchas..Category: Others | Date: | Hits: 178
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. .................Respondents Judgment May 9, 1991 Cases Referred to- M/s. Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neel......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141....... Result: The appeal is allowed. Cases Referred to- Bombay Vs. Sarangpur Cotton Manufacturing Co. Ltd., LR 65 IA 1 = AIR 1938 PC 1= 42 CWN 194; Commissioner of Income-Tax, Madras Vs. A. Krishna-swami Mudaliar and others AIR 1964 SC 1843; the Pioneers Sports Limited, Sialkot Vs. Commi..Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......red to: Jogendra Chandra Sen Vs. Bibee Wasidunnessa Khatun 11 C.W.N. 856; Mohammad Baqar Vs. Md Casim A.I.R. 1932, Oudh 210; Chandra Kumar De Vs. Kusum Kumary Roy, I.L.R. 52 Calcutta 269; Ramkeshawar Prasad Vs. Babu Girja Prasad A.I.R. 1957 Patna 501; Parvathammal Vs. Chokalinga Chetty .......R. 1957 Patna 501; Parvathammal Vs. Chokalinga Chetty A.I.R. 1918,Madras,389; Kilchand Devachand Vs. Ajodhyaprasad Sukhanand (A.I.R. 1934 Bom. 452); Ramgopal Raghunath Das Bhangde Vs. Ram Chandra Krishnarao Signru(A.I.R. 1949 Nagpur, 359); Tarapada Mishra Vs. Hare Krishna Das(A.I.R. 1957Cal. 33..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....(Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. R......(Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hosain J Debash Chandra Bhattacharya J Azizur Rahman and another………….Appellants Vs. Sree Kailash Chand Burmecha and others………..Respondents Judgment August 26, 1975. R......rul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.) 54, PLD 1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal and others AIR 1943 All. 1; Anadilal and others Vs. Ram Sarup and others, AIR 1936 All 495. Lawyers Involved: Khondker Mahbubuddin Ahmed, Advoca......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......20, 1975. Cases referred to- Council Vs. Bilas Singh, 52 C.W.N. 54; Sanday Patrick Vs. Mayammal, 7 I.C. 588; R. Vs. Bolton, reported in (1835-42) All England Reporter 71; Hriday Nath Roy Vs. Ram Chandra Barma Sarma, I.L.R. 48 Calcutta 138; Ashutosh Sikdar Vs. Behari Lal Kirtania, ILR 35 Cal......ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......ombay, 50 Indian Appeals 212; Commissioner of Income-Tax Vs. Arunachalm Chettiar, 1953 (23) I.T.R. 180; Sri Mahant Harirar Gfr Vs. Commissioner of Income Tax Bihar and Orissa, 1941 (9) I.T.R. 246; Ramnath Ram Prasad Vs. Commissioner of Income-Tax U. P. 1964 (54) I.T.R. 777; Jamnadas Prabhudas, B......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ......s placed on 85 C. L. J. 232, A.I.R. 1951 Allahabad 474 A.I.R. 1954 Nagpur 236, and A.I.R. 1959 Bom. 39 and A I.R. 1963 Allahabad 23. In the first case under reference, namely Harack Chand Damni Vs. Ramsarup Lakkar (85 C.L.J. 232) the contract between the parties contained an arbitration clause to ......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......7 All.121—AIR 1925 All. 458: Surendra Nath Das vs. Alauddin Mistry, AIR 1928 Cal. 828; Nihal Chand Gopal Gopaldas vs. Pritam Singh, AIR 1932 Lah. 468; Mahadeo Ram vs. Mohan Vikram, AIR 1933 Pat. 435; Bala Krishna vs. Sakharam, AIR 1936 Bom. 311 ; All India Ra...... Mad. 166 ; Birij Mohan Thakur Vs. Rao Uma Nath Chowdhury, LR 19 IA 154 ILR 20 Cal. 8; Khetra Mohan Datta Vs. Sheikh Dilwar (918) 46 I.C. 614—3 Pat. L.J. 516—5 Pat. L.W. 151; Bhavirichetti Gopala Krishnayya vs. P.P. Sanjeev Reddy, (1920) 55 I.C.333—38 M.L.J. 228; &n..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......) Present: Syed A.B. Mahmud Husain C J Ahsanuddin Chowdhury J D.C. Bhattacharya J Kumar Ram Narain Roy Chowdhury & anr....................Appellants Vs. Sonatannessa Bi......e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......nbsp; ......ute Mills Ltd. Vs. Bangladesh, (1977) 39 DLR (SC) 85; Powell Vs. Kernpton Park Race Course Company, (1899) A.C. 143; Attorney General Vs. Prince Ernest Augustus, (1957) AC 436; Matangini Gupta Ram Rutton Roy, TLR 19 Cal 289 ; Vitta Taya Rama Vs. Chatta Kandu Sivayya, ILR 41 Mad. 1078.Bhola ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. M/s. Sree Kundeswari Aushadhalaya, 1977, 6 CLC (AD)
....n CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh……………………......................... Appellant (In all the cases). Vs. M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadh......n CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh……………………......................... Appellant (In all the cases). Vs. M/s. Sree Kundeswari Aushadhalaya………...Respondent (In Appeal No. 13 of 1975) M/s. Sakti Aushadh......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ......uestion any further. For the reasons, we find no merit in these appeals and they are dismissed, but having regard to the facts and circumstances of the matter, we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 137
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... subsist.” 51. In support of the view expressed above the learned Judge delivering the judgment of the Court has referred to a Single Judge decision of the Allahabad High Court in the case of Ram Babu Rathaur Vs. Divisional Manager, Life Insurance Corporation of India A.I-R. 1961 All 502 whi......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
.... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ......s section is referable to the point of time when abduction takes place. To illustrate under what circumstances such an intention can be gathered we can do no better than refer to the case of Ram Chandra and otters Vs. State of Uttar Pradesh. In this case, the conviction under section ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
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