Search Options
Judgment Advanced Search
Displaying 1721-1740 of 2021 results.
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....he Registrar of Co-Operative Societies of the Government of the People's Republic of Bangladesh. Respondent is a registered Trade Union under the Industrial Relation Ordinance, 1969. 3. An agreement was made on 17.3.81 between the appellant and the respondent and the sa......ur Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions under the Code.” Thus from a sentence passed by the Labour Court ap......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. ..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....s with the parties raising no objection the conclusion is that the party concerned has waived its right…………(11) From the conduct of the parties to the arbitration agreement, particularly the respondent, it appears that no objection was raised by either of t......CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Govt. of Bangladesh represented by the Director of Movement & Storage Department of Food ........................ Appellant. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific performance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 1970 to sell the suit land being a tank with banks and adjoining a......y 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. The Court is not bound to grant such relief merely because it is lawful to do so. Specific performance of contract is not t...... High Court Division on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific performance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....e godowns mentioned above which were hypothecated with the Bank for the satisfaction and discharge of the loan. In case of the appellant's inability to repay according to the stipulations in the loan agreement, it is the Government which is liable for the company's debts along with interest, if any.......ali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed or ignored on the plea that the security on the basis......0) para 24.1, P. 311, the learned Counsel Submitted that the bank was under no duty to sale the jute stocks according to the terms of the deed of hypothecation, though the Bank was given the power to sell them. In support, the learned counsel also referred to the case of F. Nanak Chand Ramkishon Das..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....dual partner and whether such property can be partitioned and further whether a separate registered deed was necessary to convey the share of the parties in the immovable property notwithstanding the agreement of settlement. Civil Petition No. 17 of 1984 was also filed by the plaintiff respondent. S......ore contention of the plaintiff that the partnership is still continuing is devoid of any substance………..(9) As 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......d Tk. 4,000/- in the beginning and no further amount was paid thereafter; that in April, 1967 the plaintiff was asked to pay her proportionate share of the capital when she expressed her intention to sell out her share to the defendant; that through the mediation of the members of the Chinese commun..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....mises belonged to one Noor Mohammad Bepari who gave permission to the plaintiff appellants to enter into and live in the suit premises. While in possession the plaintiff-appellants entered into an agreement with the owner is the Bepari for selling title suit premises to them at a price of Tk. 20......plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show that the land has been de-requisitioned. No claim of hostile title was ever made before in ......who gave permission to the plaintiff appellants to enter into and live in the suit premises. While in possession the plaintiff-appellants entered into an agreement with the owner is the Bepari for selling title suit premises to them at a price of Tk. 20,000/-. On 20 September, 1950 a bainapatra ..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... The learned Judge kept in view the well-settled principle that it is against the public policy to make a trade of felony or compromise an offence which is not compoundable in law and that an agreement to that effect is wholly void. He further noticed a decision of the West Pakistan High Co......allowed by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise……&helli...... 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. ..Category: Property Law | Date: | Hits: 42
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....in this view of the matter recorded the finding as under: ''In my view as stated above the status of the defendant who has not acquired any title though in possession under oral agreement is a mere licensee and is liable to be evicted." In this vie......e was correct in holding that the defendant was no better than a licensee and the appeal was correctly allowed in accordance with law………….(8) Cases Referred to- Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page......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. ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....n. Daniel Vs. Sinclair (1881) 6 A.C. 181, Williams Vs. Barbour (1877) 9 Ch. D. 529 and Prasanna Kumar Vs. Burh & Co. (1910) 13 C.L.J. 165". With respect, we are in agreement with this principle of law and in this view we are of the opinion that the accounts of th............Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the cust......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
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....983. 2. Plaintiff who is the appellant instituted Title Suit No. 101 of 1973 in the 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed prop......ment …….......................Respondent Judgment May 4, 1983. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. 16 of 1972), Article 10 Right to property is as important a right as right to life and liberty of a person, and not only laws ex......nate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possessi..Category: Property Law | Date: | Hits: 38
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....oints involved for our consideration in these appeals are the same, they were heard analogously and this judgment will govern all the appeals. 11. It appears that on March 18, 1977 an agreement as Chartered Party Agreement was entered into between the Government of Bangladesh and de..........Appellant Vs. M/s. Seres Shipping Incorporated & ors........................................…...Respondent Judgment June 13, 1983. No action to enforce any claim or lien against a vessel or her owners in respect of any damage or loss caused......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....iyati may enter into a complete usufructuary mortgage in respect of his holding or of a portion or share thereof for any period which does not and cannot, in any possible, event, by any agreement, express or implied, exceed fifteen years land notwithstanding anything contai......ot hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit land on 14-12-33 which passed along with the transfer of the suit land to the plaintiff-respondent. The right of redemption could, therefore, be validly claimed by the pl......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
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. ......legation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of murder and issued warrant of arrest against the accused. A pet......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. ..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ivision in appeal. The trial court placed its reliance on a registered kabala, Ext. 2, by which Aziza Bibi purchased half share in the suit premises from her sister Hazera Bibi one year before the agreement in question for Tk. 6,000/- to come to the conclusion that the price of the suit pro......Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed…………(14) Cases Referred to- Radha Prasad Singh Vs. Gajadhar Singh and others, A.I.R. 1960, SC 115; Coghlan Vs. Camb......o Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza Bibi while in peaceful possession of the suit property contracted to sell the suit land, its building thereon to the plaintiff for a consideration, of Taka 12,000 and ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....suit by filing a written statement. His case is the original bharatia tenancy ceased to exist when the structures were destroyed by fire. He then took lease of the vacant suit land under a written agreement at the monthly rent of Tk. 15/- and constructed a C.I. sheet hut thereon with his own mat......pation of the premises for over 12 years by the tenant did not bring him within the category of "Non-Agricultural tenants" and as such the protection under section 7 is not available to -him…………………(7) Case Referred to- ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....solution and accounts each partner must be regarded as having a right to the property and he does not hold it in a fiduciary capacity." An argument was advanced that by special agreement between the parties, one partner could be regarded as entrusted with property. The clue wa......d & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a d......an Mohan Das Vs. Surendra Mohan Das A.I.R 1951, Cal.) the question was whether a partner can be charged under section 406 in respect of partnership property by another partner. It was a business of selling ghee; butter and stationary article. According to the complainant, the accused who was his..Category: Criminal Law | Date: | Hits: 146
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) Th......f Civil Procedure, 1908 (V of 1908), section 115 (1) Jurisdiction of Courts is created by statutes and that it can neither be conferred nor taken away by agreement or concession of parties to litigation or of their lawyers……………..(5) The question of benami nature of kaba...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ...... Abdul Quddus ...............................Appellant Vs. The State.........................................Respondent Judgment June 4, 1991. Case Referred to- Abed Ali (Condemned Prisoner) Vs. The State, 42 DLR (AD) 171. Lawyers Involved&nb......ut the love affair of his sister with Quddus. PW 6 Abdur Rahman was named as a witness in the First Information Report and this witness used to stay in the outer house of the informant and used to sell earthen potteries throughout the day as a hawker and in the night used to stay in the outer ho..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....her and will be disposed of by this common judgment. 3. By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agreement with Contractor KM Shafi Limited, a Private Limited Company (respondent in all the three ...... KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin ...... 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
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....re not proved. 4. The suit premises is a shop room measuring 10 cubits x 7 cubits at Shaheb Bazar, PS Boalia, District Rajshahi. Ansar Ali is the tenant thereof as per an agreement dated 30.10.73 at a monthly rent of Tk. 45.00. The plaintiff’s case is that there ......Raja Miah..................... Appellant Vs. Ansar Ali and another............................................... Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Ghola......eged of sub‑letting was completely denied. It was stated that Ansar Ali took Sunil as his business partner sometime in 1976 owing to paucity of fund and since then the partnership business of selling banana in the suit premises was carried on and continued with the full knowledge of the pl..Category: Property Law | Date: | Hits: 30
18571854185318521850184818451841184018251819181618141813181218071804180317981796