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Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.................... Respondents Judgment February 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 lawfu......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. ......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......, 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 to b..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. ......58) The Court is not always bound by what is provided in the contract itself but the matter 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 a......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...... Court is not always bound by what is provided in the contract itself but the matter 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..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....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. ...... "The setting up of a statutory corporation amongst others under the President's Order 27 of 1972 in the name of Bangladesh Jute Mills Corporation having some controlling power over the nationalized company did not destroy the corporate character of the company. That b......lationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……..(4)&......AD) 234. In this view of the matter the rule was made absolute and the judgment and order of the lower appellate Court below was set aside and those of the trial Court restored. Leave was granted in the following terms: "The question raised by Mr. Md. Nurullah is whet..Category: Employment/Service Law | Date: | Hits: 92
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......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 ......ed in the aforesaid section, appellant’s Counsel vehemently argued that the appellants’ prayer declaration of title in the suit on the basis of adverse possession should have been granted. He asserted that the appellants’ possession over 12 years preceding the filing of th..Category: Property Law | Date: | Hits: 36
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. ......urt will exercise the discretion conferred upon it by the provisions of the Order 6, Rule 17, C.P.C. the Judicial Committee of the Privy Council bad the occasion to consider the limits on the Court's powers to amend the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 922 PC 249 corresponding to ILR 48 ......cedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot......t so as to enable the Court to decide whether the requirements of law as laid down in section 44 of the Partnership Act for dissolution partnership were fulfilled or not. 8. Leave to appeal was granted by this Court on the contention of the plaintiff-appellant that the proposed amendment of th..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....xamining the process server in Court are mandatory under rule 19 of Order V of the Civil Procedure Code, but the learned Judges of the High Court Division erroneously held that these provisions are discretionary. On this point the learned Advocate is not found to be correct. The learned Judges hav......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......D) (1984) 248, 1985 BLD (AD) 59.......whose presence summons was purportedly served and records his satisfaction that summons has duly served, then the mandatory provision of the rule as to declaration has been complied with. Leave was granted by us upon the submission that the entire provisions of rule 19 were held to be discreti..Category: Procedural Law | Date: | Hits: 93
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division 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) 220. ......y on the record and come to the conclusion that there is apparent some inherent lacuna or defect which hinders the due administration of justice. If it comes to this conclusion, then it has the power to call for additional evidence subject to the condition that it must record its reason......& ors.............................Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the r......is sent back to High Court Division 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) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....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. ......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. ......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......p; In this view of the matter the Second Appeal was allowed and the judgment and decree of both the courts below were set aside and the suit was decreed. 5. Leave was granted to consider the question "that the petitioners who are in possession of the suit premi..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... expenses supported by vouchers but also whether all the disbursements and payments are properly made in respect of the estate. In Hooper vs. Winston the contention of the receiver that he had some discretionary power was negatived and it was held— "We hold, being an......in accordance with law. The receiver is appointed under Order 40 rule 1(a) and Clause (c) and (d). The properties is given to his possession, custody and management and the Court confers such power as emphasised in clause (d). The receiver is therefore an officer of the Court, is a public o............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...... Receiver's lien." It was further viewed that the Receiver's lien was not liable to be frustrated and in that view of the matter the rule was discharged with costs. 5. Leave was granted to consider the question of imposition of the additional amount for payment of Tk. 7 lacs 7..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......nce the duly appointed mutawalli has been in office and unless this existing, mutawalli is removed there is no scope for appointing an official mutawalli. Secondly, Mr. Hussain argues, section 44 empowers the Administrator to appoint only one person an Official mutawalli; it does not provide for......ed Mohsen Ali J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The ......e revisional application to that of a Memorandum of Appeal under section 32 of the Waqfs Ordinance but the application was also rejected by the learned Single Judge. 3. Leave was granted by us to consider the question whether the Administrator's order Under section 44 of the Wa..Category: Trust/Waqf Law | Date: | Hits: 196
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a tenant unless such person has been expressly admitted to be a tenant by hi......tion of the plaintiff that these were created after the State Acquisition and Tenancy Act when the Sannayal became raiyat by operation of law and on a mistaken notion thought that no lease could be granted to them and therefore korfa pattan was mentioned. This position shows that Ext. C series w..Category: Property Law | Date: | Hits: 27
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......well settled that the situation of the registered office fixes domicile of the Company and one of the tests which has been laid down so far a trading Company is concerned is ''whether the directing power resides on, in the expressive language of Foot, where the brain which controls the operation......tered office at Fouzdarhat Industrial Area, in the district of Chittagong. The respondent was an employee of its Bogra Sales Depot. On charge of short supply and unauthorised delivery of goods to one M/s Ally Bross of Rangpur the respondent was found guilty for misconduct. Acting under the ......egally proceed against the Managing Director, Glaxo Bangladesh Ltd., Chittagong" but observed ''that the proceeding will continue against the appellant alone". 3. Leave was granted to consider that the Company and its Managing Director both being residents of Chittagong a..Category: Labour and Industrial Law | Date: | Hits: 115
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. ...... for the plaintiff-appellant, referred to the provisions of Order 8, rule 6 of the Code of Civil Procedure and submitted that as the rule makes no express mention of counter-claim the Court had no power to give judgment for the balance of set-off exceeding the plaintiff's claim. Order 8, rule 6 ......ut 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………..(10 and 12) Cases Referred to- United Liner Agencies of Pakistan Limited vs. Ehram Jute Baling, (1975) 27 DLR 170 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. ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ope and field of the general exemption under the main provision of the law, but this restriction having been imposed by conscious act on the part of the law-makers it is not within the Court's power to dilate the restriction by liberal interpretation ignoring the language of the statute......f a religious or charitable purpose of the institution.”……….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totally exempted from income tax. The Impugned assessment being prior to the amendment, the exempti......f held in trust, is totally exempted from income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored&h..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......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. ......vidence Act, 1872 (I of 1872), Sections 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absol...... Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not proved to the satisfact..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. ...... December 4, 1983. The 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 u...... same duty as those respectively conferred and imposed by order under this Code or the Court from which the business was so transferred.” However, the transferee court must have jurisdiction to adjudicate upon the subject matter of the dispute…………(6) ......Court Division in F.M.A. No. 332 of 1981.) Judgment Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the expression "Court granting an injunction" in..Category: Others | Date: | Hits: 93
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......provisions of Article 10 of the aforesaid Order before the order of cancellation of the contract for sale was passed by the Government. In such circumstances, the trial court acting suo motu has no power to pass the impugned order. 6. The learned Counsel also contended that the plaintiff-appel......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...... or terminate any lease or amend the terms of lease or agreement under which any abandoned property is held, occupied or managed by a person, where such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971. (2) Where by reason of any action t..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....e case does not establish the necessity for appointment of a receiver. Such appointment may be made if it is considered just and convenient. Relief by way of appointment of a receiver is discretionary with the Court. Appointment of a receiver cannot be claimed as a matter of course. Wi......struction of property, it requires to be proved that not merely the plaintiff's interest but also the interest of all the parties in the suit and the property concerned need be protected. The power to appoint a receiver as conferred by Order 40, rule 1, C.P.C. should, therefore, be sparingl...... Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It shou......there was mismanagement and there was necessity for appointment of receiver for better management and presentation of the disputed property. 7. Leave to appeal from their judgment was granted by the Court to consider whether there was any scope or necessity for appointment of a..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......de required by the landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The Appeal is dismissed……………..(4) Cases referred to- Jagadish Chandra Sarkar Vs. Abdul Aziz, 7 DLR 314; Abdullah Baluch Vs. Adam Ali, 13 DLR (SC)...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
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. ......ate court. In this connection the learned Advocate has referred to AIR 1936, Patna 591 in the case of Mt. Bibi Mariam Vs. Surajmal and others where it has been held: "The powers of the High Court under section 115 CPC are wide and it has been held by the Calcutta and o......Mohsen Ali J Darasatullah and others...............................Appellant Vs. Manik Mondal and others..............................Respondent Judgment October 6, 1983. None appeared for the appellant before the Court when the case was taken up ......i J.- This appeal by the defendant is against the judgment and order dated 20.10.82 passed by the High Court Division in Civil Revision No. 1021 of 1980 discharging the Rule. 2. Leave was granted to consider whether the High Court Division committed an error of law or procedure in rejec..Category: Property Law | Date: | Hits: 30
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