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Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....se was collusive, void and also for a permanent injunction restraining the defendants from disturbing his full possession. 3. Two sets of defendants contested the suit by filing separate written statements. Defendants Nos. 1-3 are Additional Deputy Commissioner, Assistant Custodian, Vested Prop......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
....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
...... condition and primary education. Besides these functions, the government may entrust to Union Parishads some of the police and Village defence functions. To assist revenue officials in collection of rents and taxes and in preparation of records and assessments is their important responsibilities. F..
Category: Election Law | Date: | Hits: 212
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....ncludes a penalty for unfair labour practice (section 53), Penalty for committing breach of settlement (section 54), Penalty for failing to implement settlement (section 55), Penalty for false statements (section 56), Penalty for illegal strike or lock-out (section 57), Penalty for instigat......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
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....as appointed proper evaluation of the hypothecated stocks was never made with notice to the director of the appellant and any collusive and incorrect evaluation cannot bind the appellant. (f) The statements of the plaint regarding interest at the rates and for the period as alleged in the plaint...... 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. ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....arge sheeted as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plaintiff eventually found the appellant guilty of misappropriation upon a......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. ..Category: Employment/Service Law | Date: | Hits: 92
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....en the plaintiff-appellants received a notice of eviction from defendant No. 6 and also on October 31, 1974 when defendant No 3 threatened them with dispossession. By filing three different written statements, three sets of defendants, namely, defendant No. 1, defendants Nos. 3-5 and defendant N......18.3.50, Ext, 3 series which are electric bills paid by plaintiff No. 2 during the period 1974 to 1977. Ext. 4 series, municipal tax receipts showing that plaintiff No. 2 have been paying municipal rents for the suits premises through Marfardars since 1975, Ext- 5 series show that plaintiff No. 4..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....Ext. A entitled these respondents to benefit of doubt. 5. The learned Single Judge is found to have misconceived the provision of law regarding confrontation of a witness with his previous statements. These respondents were implicated by PWs. 1, 2, 4 and 7. So far as P.W. 1 is concerned......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. ..Category: Criminal Law | Date: | Hits: 66
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. ...... building consisting of shop-rooms in the ground-floor in the land of Schedule A of the compromise decree but as he failed to render accounts of expenditures for the construction and of salami and rents received by way of disposal of the shop-rooms the Executing Court by its order No. 265 dated ..Category: Property Law | Date: | Hits: 39
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ...... death of their father in 1954, appellant No. 1 as male member and also his guardian took charge of schedules 1 and 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of ..Category: Property Law | Date: | Hits: 45
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... the Court. Under the Admiralty jurisdiction there are no Rules for filing any formal application for extension of time beyond two years. In these circumstances the Court, if satisfied by the statements made in the plaint can extend the period beyond two years even without a formal applicat......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)
....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. ......de transferable by an amendment of the Bengal Tenancy Act in 1928. His further contention was that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in money exec..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
.... the accused should be discharged, in other words, if "Final-report" has been submitted, the Magistrate may, on rejecting the recommendation, adopt either of the two courses. If he finds from the statements of the witnesses recorded by the police that there are materials which warrant prosecutio......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
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.......ault in payment of rent for any particular or specific month before filing of the suit on 25.9.83. " On the other hand, it appears" the impugned judgment says, "that the defendant had been depositing rents in the Court of the House Rent Controller ..........from the month of September 1980 till the ..Category: Tenancy Law | Date: | Hits: 101
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....plementary tender items claimed by the Contractor were admissible or not. The High Court Division remitted the Award to the Arbitrator to determine the unresolved dispute directing him to call for statements from both the parties, take evidence if tendered, give hearing to the parties and procee...... 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
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....stance should not be doubted lightly by the appellate Court, specialty in the absence of an affidavit by the Vakil who appeared in the first Court. If litigants feel aggrieved by incorrect or false statements in a judgment, the most convenient and satisfactory course is to apply to the Judge with......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the s..Category: Property Law | Date: | Hits: 25
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....s good enough for the restoration of the suits under Art. 3 of PO No. 12 of 1972. The defendants‑respondents were not required to disclose what stand or plea of defence take in their written statements which could only be filed after the restoration of the suits. Accordingly, we uphold the......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....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. ......t;Howala" thus, "A description of tenure in Eastern Bengal, an intermediate holding of a part of an estate, or of a farm under a Zamindar or Talukdar, to whom a stipulated portion of the rents collected from the Ryots is paid .................Minor divisions of these holdings are known..Category: Property Law | Date: | Hits: 28
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....f the commission of a cognizable offence, suicide is no doubt admissible for proving that such as information was made to the police. It does not, however, establish the truth of the report or of the statements made therein. In this case the prosecution exhibited it to prove that the information was......her, Ekabbar Ali, mother, Momena Bibi and uncles, Majibur Rahman Pk., and Mohammad Ali Pk., brutally killed his wife Halima. In that night at about 10.00 PM the accused Ekabbar Ali went to Halima's parents' house and informed them that their daughter was seriously ill. In the following morning the a..Category: Criminal Law | Date: | Hits: 49
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....n the final conclusion." 11. In the instant case as we can see the main grievance against the order of acquittal was that the eye-witnesses P.Ws.5 and 6 were disbelieved on untenable grounds and statements of the deceased Exts.2 and 3 were discarded equally on invalid grounds and the findings i......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
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