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Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....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. ......titute. It was held that the prostitute daughter would be the preferential heir rather than the son. The learned Judges followed the decision in Tara Munnee vs. Motee Buneance, 7S. DA. 273 and the principle were answered as follows: "Following the opinion of the Pundit, th......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)
....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. ......ed the case for pre-emption on September 12, 1978. Appellants No. 1 and 4 contested the case by filing a written objection contending, inter alia, that the case was barred by limitation and by principle of waiver, estoppels and acquiescence. The case land was purchased by registered kabalas ...... of hindering justice" ......and, as such, we should not give such a restricted 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 justi..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. ......exercised that what he had done was in excess of his discretion…………(12 - 14) This is a limit of his discretion. Receiver’s responsibility to account-principles to be followed passing accounts. Court’s duty in regard to of expenditure m......stees which they are willing to furnish now. Further it appears from the record that a sum of Taka 7,78,792/- was found to be payable to the receiver vide court's order No. 321 dated 29.1.77. This amount also as record speaks remains unpaid". The Executing Court, however, noticed the c..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. ......n appeal and revision. Nor such decision can be couched in a language when in fact situation obtaining in the facts and circumstances of the case actually attracts the provision of section 43. The principle is what cannot be achieved directly should not be allowed to be done indirectly. In this ......ngle Judge. 3. Leave was granted by us to consider the question whether the Administrator's order Under section 44 of the Waqfs Ordinance appointing a Committee of Official Mutawallis amounted to removal of the existing mutawalli under section 32 of the Ordinance and as such is appe..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......he person who is entitled to receive any rent referred to in section 18 in respect of any premises, the tenant— (a) may deposit such rent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or ..Category: Tenancy Law | Date: | Hits: 166
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. ......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. ......, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which is not given by law&hellip..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. ......that protracted enquiry is necessary. For these reasons, it cannot be said that the Court wrongly exercised its discretion in allowing the counter claim. In saying so we are not departing from the principles regarding counter claim laid down in United Liner Agencies of Pakistan Limited, Ctg. vs....... discharging the cargo. Defendant-respondent No. 2 deposited in the plaintiff-appellant's account in Holland U.S. dollar 149,986.14 only instead of U.S. dollar 200,472. 80 being the total amount of freight leaving a balance of U.S. dollar 50,576,60. In spite of several reminders and law..Category: Civil Law | Date: | Hits: 95
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. ......t. Not only the Government failed to exercise its authority under Article 10 and did not cancel the contract, it did not even plead or establish to have exercised such authority. It is a well-known principle of law that a legal right unless its enforcement is barred under the provisions of law is ...... 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. ..Category: Property Law | Date: | Hits: 38
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. ......t be proved before the Court will make such appointment. The plaintiff-must satisfy the Court that the property in possession of the defendant is in danger of being wasted. 11. Other legal principles in the matter of appointment of a receiver should also be kept in view. These principles......pellant No. 1, being the eldest son, not only took care of his mother and his brothers and sisters including plaintiff-respondent No. 1 whom he brought up from childhood and spent considerable amount of money over his marriage, but also managed well the property left by his father. Due to h..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. ......revision ‘suo motu’ if the other conditions laid down in the section are satisfied." 10. In our view the aforesaid Full Beech decision has laid down the correct principle of law. In the present case High Court has considered the case on merits and has found t...... 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. ......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. ...... defendant No. 1 would furnish a Bank guarantee through defendant No. 2. On March 25, 1976 a Bank guarantee was accordingly furnished by defendant No. 3 in favour of defendant No. 4 to pay any amount in respect of incidents to the appellant's vessels. On March 23, 1977 the guarantee was ext..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ...... left as office, and in any other case delivered to or left at the officer or place of abode of the person to be sued, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place abode of the intending plaintiff; and case ..Category: Employment/Service Law | Date: | Hits: 63
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. ......entertained on the same allegation against the same person whether it is filed by the same complainant or by a different complain-ant but only in certain exceptional circumstances. Grounds for this principle are two: (1) dismissal of a complaint or discharge of un accused is not "acquittal" within...... on consideration of all the evidence adduced by the prosecution which does not make out a prima facie case so as to frame a charge against the accused under section 254, then, the order of discharge amounts to an order of acquittal with the difference that in the case of 'acquittal' fresh prosecu..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. ......e. The defendant contested the suit “in a half hearted manner.” In reversing the judgment, the reasoning given by the High Court Divisions is not in accordance with the well established principle for reversing a decision of the Trial Court. The Appeal is allowed……&hellip......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
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....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. ......y tenancy ceased to exist, and in support of this contention he has referred to a decision of the Calcutta High Court in the case of Khitish Chandra Mondal Vs Shiba Rani Devi AIR 1956 Cal 441. The principle of law followed in that case is not disputed in the instant case since both the parties a......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
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....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. ......opolitan Magistrate was not competent to challenge the same order again before the High Court Division under section 561A of the Code of Criminal Procedure as this amounts to second revision, which is barred by sub-section (4) of section 439 of the Co..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ...... hit by rule 2 of Order II of the Civil Procedure Code. The learned Judges took the view that when the plaintiff claimed Tk. 5000/- in the suit, he consciously relinquished his claim exceeding this amount and thereby brought the claim within the pecuniary jurisdiction of the Court of Munsif and t..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......er the learned Judges of the High Court Division committed error of law in not holding that the appellant acquired a legal right not to be reversed in the present manner, according to the principle laid down by this Court in Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 12......ch appointment temporarily does not confer the appellant with the right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order ..Category: Employment/Service Law | Date: | Hits: 105
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. ......on of the kind which satisfies the requirement of section 405 of the Penal Code. Once it is held that it has a partnership business and the complainant and the accused persons were partners, principle laid down in AIR 1951 Calcutta, subsequently approved by the Supreme Court of India in AIR...... at on initial stage may be justified when the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution could amount to harassment to an innocent party and abuse of the process of the court.” It was ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......gle Judge of the High Court Division fell into serious error of Law in allowing the respondents' application under section 47 filed long after the decree was executed, ignoring the established principle of law that the Executing Court becomes functus officio after the decree has been execut......continues and proceedings remain pending till the final decree is passed, yet it so continues and remains pending only for a limited purpose, such as, in the case of mesne profit, to ascertain the amount in terms of the preliminary decree, and that the rights or liabilities of the parties have a..Category: Others | Date: | Hits: 97
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