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Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....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 ......hese circumstances, the plaintiff filed the suit for declaration that the Vested Property case 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 statemen......gust 1947 with his own money and for his own benefit; he was not a benamdar of the plaintiff who was never the real purchaser but he fraudulently put up this claim to grab the property taking advantage of the absence of the original owners and their heirs who migrated to India before 1965. The sui..Category: Property Law | Date: | Hits: 75
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ively to the share of Hemendra who was all along in this country and that the transfers made by him to the plaintiffs were genuine; on those findings the learned Subordinate Judge decreed the suit in full. Both the sets of defendants challenged this judgment before the High Court Division—the Gove......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
....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
......ion of grave impropriety which, however, may be corrected even now by the law-makers themselves, if not required by any law, at least by dictates of good conscience and high sense of patriotism." I fully subscribe to this view.
10. Next question is whether the Court should make such recommend...... SC 41 to Lingappa Pochanna AIR 1985 S.C. 389; Anwar Ali Sarkar AIR 1952 SC 75; Kotch Vs. River. Port Pilot ‘Comm’rs (1947) 330 U.S. 552; West Coast Hotel Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138.
Lawyers Involved:
Kha..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......llusion. They contended that the suit was barred by limitation, principles of waiver, estoppel and acquiescence, res judicata and non joinder of parties. It was contended that N. L. Sinha was given full powers by the Zonal Board of Directors including power to transfer any property of the bank, ......roperty of the bank on 14.6.1954 for a total consideration of Rs. 21.000/-. This property measuring 18.77 acres of land, as shown in Schedule 2 of the plaint, had been purchased by the Bank in Mortgage Execution Case No. 63/44 and Mortgage Execution Case No. 51/52 against the judgment-debtor, one ..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... Jarafat Munshi and Sara Begum and thereafter he paid rent to the new landlords at an amalgamated jama of Tk. 5/1/6 pies. The plaintiff has no title and possession in the suit land who taking advantage of the wrong record during S. A. operation filed this suit with a view to grab the suit property..Category: Property Law | Date: | Hits: 46
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. ......r of awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered to grant interest from the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the interest thereon grant......ng Corporation was impleaded in the suit, it was pot maintainable. The learned Judges of the High Court Division observed as follows: "From the facts disclosed in the case, it is clear that the management and control of defendant No. 1 including its Jute Division had been fully resumed by the Dir..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......at the same time a cheque for Rs. 2,000/- encashable at the end of June also be handed over to her making a clearance of a total sum of Rs. 6,000/-. 3. The balance of Rs. 14,000/- must be paid in full within a period of four months. 4. After compliance of the aforesaid procedure, a separate ......share from one partner to another and dissolution of partnership may be inferred from the circumstances. Cases Referred to- Narayanappa Vs. Bhaskara Krishnappa AIR 1966 (SC) 1300; 17 Bombay page 235; Ajudha Vs. Shams, AIR 1947 Lah 13; Addanki Narayanappa Vs. Bhaskara Krishnappa, AIR 1966 SC..Category: Business or Commercial Law | Date: | Hits: 114
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......f Court are nothing but provisions intended to secure the proper administration of justice, and it is therefore essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless......(3) of section 69 such a suit does not seem to be affected by the bar imposed by sub-section (1) so as not be maintainable……………….(20) Amendment in the plaint is not restricted at any stage of the proceeding, if the amendment sought for does not tend to change nature and character of t..Category: Property Law | Date: | Hits: 99
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. ......s that his grievance is redressed, by the mere fact of respectable persons intervening, though he has received no money payment or even a direct apology from accused, he is, nevertheless, at full liberty to compound the prosecution''. The High Court Division noticed 21 D..................Respondent Judgment August 24, 1984. The Code of Criminal Procedure, 1898 (V of 1898), Section 345 The Contract Act, 1872 (IX of 1872) The law encourages settlement of dispute, either by Panchayet or by Arbitration or by way of compromise and if it..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....s to what more requirement of law was needed for the plaintiff to claim title by inheritance." It is well established that a prostitute does not sever tie which connect a woman to her kindred. In Sivasangu Vs. Minal, 12 Mad. 277 the question was in a competition betwee......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......e to challenge this fact. Provisions of section 92(a) have no manner of application in these circumstances. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is irrelevant. There ..Category: Property Law | Date: | Hits: 112
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;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. ......d amendment, but for this reason it cannot be said that counter claim of the nature made by the defendant-respondents in the present suit is not entertainable, particularly when they have paid the full court fees on the amount of counter claim. The trial court had expired its discretion in favou......4 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent No. 2 as agent of defendant-respondent No. 4 loaded during December 8-12, 1979 fabricated C.S. and Alloy pi..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. ......e Court is helpless to mitigate the deprivation…………….(13) In view of satisfactory proof of due execution of the will by the testator who executed it in full sense and by free will and volition not being influenced by any quarter, this deprivation can......appellant who is husband of Indu Prova, grand-daughter of the testator through his only son Rajendra who is admittedly an Indian national. Case of the appellant propounder is that Haricharan Nath, aged about 75, was attacked with partial paralysis in the right side of his body about three months..Category: Property Law | Date: | Hits: 118
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. ......justify the order of appointment of receiver, relying solely on the alleged non-payment of municipal taxes and dues in the certificate cases. In face of the assertions of appellant No. 1 regarding full payment of all such taxes and dues payable in respect of the disputed property, plaintiff-resp......nt may be made………….(13) There is no reason for appointment of a receiver in the present case, particularly when the courts below did not find any mismanagement or damage to the property in question and there is an order of injunction restraining ..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....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. ...... by the appellant and that their claims were never repudiated on the ground of limitation by respondent No. 2. On the other hand the appellant was offered some amounts though not in payment of full compensation and was assured of an amicable settlement on the ground of negotiations. Due to ............................................…...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 to another vessel shall lie two years after the date of arising of the cause of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ...... deemed to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under sub-section (1) shall contain full particulars of persons likely to be affected by an order on such application and shall also ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
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. ......en thus will not be treated as one taken under clause (c) of section 190 (1) that is, it is not a cognizance taken on the Magistrate's own knowledge of information. I am supported in this view to the fullest extent by a decision of the Pakistan Supreme Court in the case of Falak Sher and others vs. ......es must exist to justify entertainment of a second complaint after dismissal of the previous one, e.g. where the previous order of dismissal was manifestly illegal or unjust, or it caused miscarriage of justice or it was passed on incomplete record or on misunderstanding of the nature of the com..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. ......der the materials before the Judge with such other materials as it may have decided to admit. The Court must then make up its own mind, not disregarding the judgment appealed from, but carefully weighing and considering it; and not shrinking from overruling it if on full consideration t......e Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half hearted manner.” In reversing the judg..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....king lease of the land the appellant constructed a semi pucca house and since then his wife has been running a hotel in the said house. It was further stated that the appellant being a pardanashin woman found it difficult to run the hotel personally and so she allowed the respondent, 2nd party, ......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. ......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. ...... (b) Dominion over property, (2) That the accused— (a) Misappropriated; (b) converted the property to his own use; (c) used or disposed of the property or willfully suffered any person to so dispose of the property, (3) That the accused did so in vio......llate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held: “Interference even at on initial stage may be justified when the facts are so preposterous that even on the admitted facts no case can ..Category: Criminal Law | Date: | Hits: 146
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