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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ns. He also submitted an application stating that one of the partners has left the business, and as such, he withdrew the renewal petition. Books of accounts produced are examined and assessment is completed on agreed basis taking the status as unregistered firm as under; Business: Running of ...........Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any ...... the judgment and order of the High Court Division in F.A. No. 94 of 1979. 2. Leave was granted to consider the question namely upon the dissolution of the partnership whether the immovable property can be considered as the property of the individual partner and whether such property can b...... 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. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....e contract, then, notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an instrument of transfer, that the transferor has not been completed in the manner prescribed, therefore by the law for the time being in force, the transf...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees....... suit premises by adverse possession……..(16) The appellants entered into the premises with the permission of the owner who allowed it to be requisitioned by the government. The property is still under acquisition. The suit is for the declaration that the impugned compromise ......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. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....count of the cinema business since 28-8-1973." 5. In the petition for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was m...... Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 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 f......Jessore passed in First Appeal No. 6 of 1980 on 15 March, 1983. 2. Appellant who is the plaintiff instituted Title Suit No. 62 of 1973 for declaration of his right, title and interest in the suit property as well as the cinema shall along with its structures and business. Averments made in the......the cinema business since 28-8-1973." 5. In the petition for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was mentioned ..Category: Property Law | Date: | Hits: 99
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....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. ......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide......and also of committing mischief by lire, under section 436 read with section 34 of the Penal Code. The appellate Court held that in respect of the offence under section 436, section 34 could not be properly applied rattier application of section 149 would be proper since all were found guilty und......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
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....the estate of woman of the class taken by the King of escheat in the absence of heirs should be given away by him in Charity; but the estate should not reach the hands of the King till there was a complete failure of heirs. 8. The dictum mentioned in the case Tara Munnee Vs. Motee Bnonea......rn in the womb of Gouri Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have ......a Rani Dasi received a notice under section 92 of the State Acquisition and Tenancy Act from the Deputy Commissioner, Rangpur as to why the land in question should not be treated as abandoned property and the Government of Bangladesh would not enter into the khas possession on the deat......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. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... interpretation to the provisions of rule 27 of Order XLI of the Code of Civil Procedure as would, in effect, amount to tying down the hands of the appellate Court and stand in the way of doing complete justice in a cause. The rule merely prescribes that the requirement must be a genuine one...... Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Sunil Krishna Banik & ors................................Appellants Vs. Kailash Chandra Saha & ors.............................Respondent Judgment November 17, ......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. ......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
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. .......A. Gani, Advocate & ors …..............................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...... 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 custodian of the property, he is liable to render account to the Cour......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
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. ......J Golam Ather Chowdhury……...........................Appellant Vs. The Administrator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinanc...... examined some witnesses, heard both the parties and by the impugned order dated 31 March 1983, appointed a Committee of five persons including the appellant to administer and manage the waqf property, under section 44 of the Waqfs Ordinance. Appellant (existing mutawalli) was made Chairman......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. ..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. ......man & ors......................................Respondent 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 ten......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......e as well whereas the appellate Court below had found the possession in favour of the defendant by saying "not known, what capacity". When a dispute is brought before the Court for adjudication, it is necessary for the Court to come to conclusion this way or the other. The defend..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... must serve a notice upon the judgment-debtor calling upon him to obey the decree, no doubt, if he take this precaution and the judgment-debtor fails to obey the decree the case against the latter is completely proved, but it is quite possible for the decree-holder even without service of notice to ......Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md Mohsen Ali J Kad Banu & others......................................... Appellants Vs. Hajera Khatun and others................................ Respondents Judgment December 13, 1983. The C...... the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the application under Order 21, rule 32 of the Code of Civil Procedure for attachment of the properties of the defendant and for civil imprisonment on the ground, inter alia, that the defenda...... case is sent back on remand to trial court 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) 183; BCR 1985 (AD) 73. ..Category: Civil Law | Date: | Hits: 114
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. ......rom 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…………..(13 an......s carried on “in the course of the carrying out of 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 Impug......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of act......visions of sections 23 and 24 and sub-section (2) of section 35 of the Land Acquisition Act, 1894, so far as the same can be made applicable: Provided that—(i) the market value of any immovable property for the purpose of this section shall be the weighted average value of the properties of ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
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. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......t 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 absolute right to dispose of his property by will under the Hindu Law, of his own volition and in perfect sense causes such deprivat......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. ..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... court retains the jurisdiction insofar as violations are concerned. Without expressing any view on the reasonings of the Indian courts, we respectfully point out that section 150 is the complete answer and the amendment was made for the removal of doubts which emerged in view of Patna...... 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 under t......e Judge, 5th Court for disposal. On 10.2.78 an application under Order 39 rule 2(3) of the Code was filed for drawing up the proceeding against the appellant and also prayed for attachment of their property. This petition was marked as Miscellaneous Case No. 9 of 1978. The learned Subordinate Jud...... 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. ..Category: Others | Date: | Hits: 93
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....steps either by way of appeal against the trial court's judgment or an application under Order 9, rule 13 C.P.C. for setting aside the ex parte decree, the learned Counsel submitted that they were completely unaware of the suit as well as the ex parte decree in question. They came to know about ..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......ent August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distr......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. ..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. ......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Muzaffar Hossain.................................Appellant Vs. King Fishers Industries Ltd. and ors..............Respondents Judgment June 2, 1983. Supreme Court of Bangladesh A......uilty by the learned Judges for not sending information regarding the escape of the Trawler to the High Court Division, Subordinate Judge, 3rd-Court, Chittagong and also for the neglect in not taking proper care of the Trawler as the custodian. Direction was issued to the learned Subordinate Judge......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. ..Category: Anti-Corruption Laws | Date: | Hits: 113
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. ......Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Monzoor Alam......................................... Appellant Vs. Noor Mohammed and ors ................................Respondents Judgment August 24, 1983. The finding...... Mohammed and ors ................................Respondents Judgment August 24, 1983. The findings of the Court below that the shop room is bonafide required by the landlord, is based on proper consideration of materials on record as well as on correct interpretation of section 18. The ...... 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
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ion 26G of the Bengal Tenancy Act, the learned Counsel for the appellant cited a few decisions. Section 26G reads as follows: "26G. (1) An occupancy-raiyati may enter into a complete usufructuary mortgage in respect of his holding or of a portion or share thereo......, being dead his heirs: Siddique Ahmed & others..............Respondents Judgment May 31, 1983. The usufructuary mortgage of the suit is not hit by section 26G as now stands amended and the right of redemption continued even after the auction purchase of the suit lan......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. ......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)
....t 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 complaint or where new facts, which coul...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Master alias Salam and another…………...........Appellants Vs. The State..............................Resp......he order of discharge amounts to an order of acquittal with the difference that in the case of 'acquittal' fresh prosecution is totally barred and in the case of discharge, fresh prosecution is improper; that though there is no legal provision against the Magistrate taking fresh proceeding a......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)
.... substantiated. The admitted position is that the plaintiff appellant was in possession of the suit property althrough. Next, the relationship between the parties, namely, the two sisters have completed the transaction, amongst others, by, Bainapatra which was accepted by the trial court bu......Vs. Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in f...... Bangladesh & another…………...........…....Respondents Judgment July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furthera......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. ..Category: Property Law | Date: | Hits: 30
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