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Displaying 1701-1720 of 1984 results.
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....om a plot of land in exclusive possession of the latter on the plea that he has got title to every inch of the joint property and that if he feels that his co-sharer is in possession of some lands in excess of his share, his remedy lies in a suit for partition. In the case of Abdul Gani v. Rushan,...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....al Shah's case is not to the effect that an untenable interpretation of law by the Commissioner or the Election Tribunal acting under Section 60 of the Electoral College Act which may amount to excess of jurisdiction or failure to exercise jurisdiction is not susceptible to interference by t......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......hority concerned intimating either sanction or refusal. After receiving defendant No. 2's letter dated 25th April, 1977 by which a proceeding was drawn against him for unauthorised absence from duty from 21st June, 1975, he submitted his explanation. He also submitted his joining report on 20t..Category: Employment/Service Law | Date: | Hits: 103
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......itself appears to do certain "clean up" business in the administration of the Local Councils. Defaulters should not be elected members of the Local Councils, inasmuch as; it might clash with public duty.
8. Local Authority, although representative bodies chosen by adult franchise, have not the ..
Category: Election Law | Date: | Hits: 212
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. ...... accepting their case that time was the essence of the contract was that it was the responsibility of the defendants to procure the certificates etc. and since they failed to show that they have been duty procured by them within the stipulated time, it could not be held that time, was made the essen..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. ......hat where securities charged by borrower are sold by a creditor bank, a guarantor has no claim against the bank with regard to any alleged negligent disposal of the security and that the bank owed no duty to the guarantor to take reasonable care and skill obtain the best price reasonably obtainable...Category: Civil Law | Date: | Hits: 110
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. ......documents the defendant did not state their case" in the written statement which warranted a comment by the learned Munsif "Perhaps the defendants’ lawyer failed to do his duty honestly". The learned Munsif then considered the contention of the plaintiffs that the c..Category: Property Law | Date: | Hits: 42
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... Receiver’s liability to account continued even when he has been discharged by an order of the Court. His responsibility continues and he cannot be exercised that what he had done was in excess of his discretion…………(12 - 14) This is a limit of his dis...... of custody and management of certain property. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is obliged to see that he performs his funct..Category: Property Law | Date: | Hits: 39
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
.... Judgment August 10, 1983. The Civil Procedure Code, 1908 (V of 1908) Order 8, 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&......;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. ..Category: Civil Law | Date: | Hits: 95
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. ......ess. Her contention was that no. will was executed by her husband. Even if the caveator did not raise the question of testamentary capacity, yet the profounder is not exonerated from the incumbent duty to prove that the testator had second and disposing mind and that he fully understood the natu..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. ......Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Court from which ..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. ...... 8. According to the learned Counsel, even though the bar imposed by the provisions of Article 14 of the aforesaid Act was not expressly pleaded on behalf of the Government, it was the duty of the Courts to take judicial notice of the provisions as required by section 57 of the Evide..Category: Property Law | Date: | Hits: 47
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. ...... It appears that the learned Judges were very much annoyed by the fact that the appellant sent the information regarding the escape of the Trawler to "all concerned excepting the Court to whom he was duty bound to inform". Again, as the learned Judges observed: "Even after the disappearance o..Category: Anti-Corruption Laws | Date: | Hits: 113
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. ......) 39 CWN 428, it has been held that "between a landlord purchaser of a non-transferable occupancy holding at a rent sale and a third 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 the..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....rson refereed to in sub-section (1) shall before the action is committed, have tendered, in the opinion of the court, sufficient amend to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered and shall also pay all costs incurred by the defendant after su......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......s a case of whether the witnesses who made statements to the police implicating the accused should be relied upon. This relates to weighing and assessment of evidence and credibility of witnesses—a duty which is not of the Magistrate taking cognizance. This is the duty of the Court trying a case a..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ....... 704 has set out the limitation of the rule in the following manner: "Even where the appeal turns on a question of fact, the Court of appeal has to bear in mind that its duty is to rehear the case, and the Court must reconsider the materials before the Judge with such..Category: Property Law | Date: | Hits: 30
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ecords were sent to the record room. Thereafter an application was filed by the judgment-debtor for correction of description of the property and also for restitution of the property sold 'in excess' in execution of the decree. In that case the decree-holder's contention that the Court beca......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
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......make the deposit. There cannot be any presumption as to due offer of rent to the landlord nor the landlord is required to raise the issue of money order, etc. As stated in the 29 DLR (SC) 13 case, no duty under the law has been cast upon the landlord to pursue the tenant in demanding e rent which fa..Category: Tenancy Law | Date: | Hits: 101
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....decree dated 5.12.88 was not maintainable. Section 17 of the Arbitration Act provides that no appeal shall lie from a decree making an award the Rule of the Court except on the ground that it is in excess of or not otherwise in accordance with, the award. The High Court Division held that the de...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
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