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Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....ving that the contractor's claim is to be Inquired into and finalized by the Court 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 dire......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
Sadullah Pramanik & ors. Vs. Md. Khalilur RahÂman & ors., 1984, 13 CLC (AD)
....could not be proved. The position of the defendants is worse. In the Khatian it is mentioned that the right of Sannyal was ga¨¯eZ¡ wPi¯’vqx (illegible) and as such a lease holder under them would be tenant. But strangely enough in the Amalnama of the defendants Ext. C s......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)
....the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable indepenÂdently inasmuch as Rule 32 (1) CPC proÂvides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitory injunction given in a decree by...... 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. ..Category: Civil Law | Date: | Hits: 114
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....fter submitted a report to the Government expressing the view that the property being a private limited company registered in the territory now comprising Bangladesh and the Directors of the share-holders of the company being citizens of Bangladesh and United Kingdom and that they are ready and ......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
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
.... party purchaser, there is no distinction in respect of the duty to annul an existing encumbrance on the holding. Both have to annul the encumbrance before they can obtain khas possession from the holder of the encumbrance or any one holding under him, the reason being that in cases of transfers......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
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....filing of necessary certificate. 5. The Government of Bangladesh preferred First Appeal being F. A. No. 157 of 1976 before the High Court Division. In the meantime the plaintiff decree-holder filed execution case No. 30 of 1974 for execution and registration of the sale deed and acc......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....n thereof or a case in which a decree for possession has been granted or a permanent injunction granted restraining the opposite party from interfering with the possession of the decree-holder, falls outside the jurisdiction of a Magistrate under section 145 Cr.P.C. Action can of c......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the purpose of their business. It is stated that the complainant brought pressure for repayment on 24.7.75 the accused No. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.000/- totaling Tk. 25,500/- towards the repaymen..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... Shahabuddin Ahmed J.- This is an appeal by special leave at the instance of the plaintiff-decree holder of a partition suit. A pertinent question of law, which is also of considerable public ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....ation was filed within three years of the final order made on the previous application as required by article 182 of the Limitation Act. It was further noticed that the section requires the decree-holder to be diligent in realising the fruits of the decree. Even if successive applications are fi......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....evidence that the suit lands were under water in 1356 BS. The rent of the pattani lands abated in view of the provisions of section 86A of the Bengal Tenancy Act. No rent being due from the pattani holders the howla could not be sold under section 9 read with section 11 of Patni Regulation of 18......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
.... there was an application under Order 21 Rule 90 C.P.C. for setting aside the sale on the ground that there were fraud and material irregularity in the publication and conduct of the sale. The decree-holder auction-purchaser, inter alia, pleaded the bar of limitation. The trial Court, besides other,......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....vil Procedure, 1908 (V of 1908) Order XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from executing the decree and if an injunction is granted purpose of the suit under section 9...... the fruits of the decree obÂtained by him. For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
....d (a) by the officer by whom the same was granted, or by any authority to which he may be subordinate, or by any Magistrate of a district, ********** within the local limits of whose jurisdiction the holder of such license may be, when, for reasons to be recorded in writing, such officer, authority,......€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Government of BanglaÂdesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ires to the authority concerned that the peÂtitioner was admittedly a Pakistani on the 25th day of March, 1971 and has never been heard of to be either a Bangladeshi citizen or a Bangladesh passport holder, then it cannot be blamed for takÂing over and treating the disputed property as an abandone......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is disÂmissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ...... defendant- appellants who paid the same by one pay order. Plaintiff respondent granted receipts for the same. Similarly, plaintiff- respondent collected rents from May, 1972 to December, 1972 by one cheque dated 4.12.72. Plaintiff-respondent received the rent of April, 1973 by Cheque No.505173 date..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....sts may be applied to determine whether there has been an actual waiver (i) whether the payment subsequently accepted may be looked upon as a valuable consideration for the renunciation of the decree-holder's rights (ii) whether the decree-holder has by his conduct intentionally caused the judgment-......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....main target, who, it is in evidence, brought cases against Musa Sarkar and others. Jamshed was merely a tadbirkar for him; P.W.4 Mobarak on his own admission was just a hanger-on and sort of a basket-holder of Jamshed. Mobarak and Mahtab are found, to be witnesses in Sohrab's cases. Does it stand to......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
.... in the in the nature of quo warranto does not relate to any private grievance between the Appellant and respondent No. 1 but it is matter of public interest and that when any person may question the holder of a public office about his title thereto the question cannot be left to be decided by compr....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ...... lacs and the second instalment of Tk. 35 lacs, for the purpose of his business of manufacturing and sale of scales on a promise to repay it within a short period. The company then issued two cheques, one dated 21-10-85 and the other dated 10-3-86, in favour of the respondent by way of repa..Category: Business or Commercial Law | Date: | Hits: 76
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