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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......Limitation Act the suit was filed within the period of limitation of 3 years not only from the date of knowledge as claimed but also from the date of the decree. But the application for addition of party was filed on March 3, 1966, but for any special law of limitation the application was barred..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......eir officers and employees. 3. Defendant-respondents contested the suit. They contended that the suit was not maintainable in the present form inasmuch as the carrier who is the necessary party being omitted the claim could not be adjudicated in their absence. Defendant No. 4 contended ..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....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. ......bour Court but so far the award is concerned, it has not touched them. Section 37 makes the distinction of the award and decision of the Labour Court. Sub-section (3) provides—"any party aggrieved by an award given under sub-section (1) may prefer an appeal to Labour Appellate Tr..Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ...... the First Schedule Time for award is four months When the arbitration proceedings continued beyond four months with the parties raising no objection the conclusion is that the party concerned has waived its right…………(11) From the conduct of..Category: Civil Law | Date: | Hits: 111
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. ......rsue the legal aspects of the provisions of P.O. 16 of 1972 read with Ordinance No. XX of 1975 and Ordinance No. (XLIX of 1976); (b) That the Bangladesh Jute marketing Corporation was a necessary party and the courts below were wrong in not dismissing the suit for not impleading the necessary pa..Category: Civil Law | Date: | Hits: 110
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. ......sfer of Property Act to the facts and circumstances of the case. These grounds are as follows: "VII. For that in view of the fact that no questions of non-joinder of any party to the suit was raised by any of the contesting defendants and that Noor Mohammad Bepari h..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. ......Ali Vs. Muhammad Yunus, 15 DLR SC 20 and observed: "It is the consistent view of judicial authorities that amendments of the pleadings are allowed, even when a legal right had accrued to the ether party, if special circumstances of the case outweigh such consideration. In exercising this power,..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. ...... land. 3. Plaintiff's case was that the land described in schedule Ka of the plaint belonged to Haji Mohan Ali and Abdul Hoque who out of this land sold Ka schedule land to some other party in 1970 and sold the Kha schedule land to the plaintiff by executing kabala on 18.9.70 but th..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....e exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but "when on examining the evidence as it stands, some inherent lacuna or defect becomes apparent." It was further observed: "......st be the Court that requires it. This is the plain grammatical reading of the sub-clause. The legitimate occasion for the exercise of this discretion is not whenever before the appeal is heard a party applies to adduce fresh evidence, but "when on examining the evidence as it stands, s..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. ......the fact remains that the claim put forward in the application arises out of the administration as receiver on the basis of his accounts as receiver duly passed by the Court. Even when third party rights are involved in the course of Court's management the Court allows such third party to..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. ......ot act as any Court subordinate to either of them. 7. The decision of the Administrator under section 44 is not however immune from challenge when a stigma is attached to an aggrieved party inasmuch as that would be an order actually under section 32 which has provided an appeal and..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. ......Defendant No. 1 in his deposition admitted the service of the notice though he could not give the date. But about two years after the transfer, the respondents impleaded the new landlords as opposite-party in the Rent Deposit Case of 1975 which they had filed against the previous landlady, Parul Bal..Category: Tenancy Law | Date: | Hits: 166
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. ......efendants are in possession by making reservation as under: "The PRR in my opinion has been correctly recorded in the names of Sannyals because they did not lease out to either party. It is their khas land. Neither plaintiff's vendor nor defendants was able to record th..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... certain ceremony and receiving certain articles necessary for its performance, and so afford the appellant an opportunity of complying with the decree." The Privy Council took the view that whatever defect was there that had been remedied by giving notice to the judgment-debtor for complying with t......t had violated the order of injunction. Order 21, rule 32 is in the following terms: ''Decree for specific performance for restitution of conjugal rights, or for an injunction.—(1) Where the party against whom a decree for the specific performance of a contract, or for restitution, of con..Category: Civil Law | Date: | Hits: 114
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. ......f the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall, be for the recovery of any sum which- appears to be due to either party. (2) Any decree passed in a suit in which a set-off is claimed shall be subject t..Category: Civil Law | Date: | Hits: 95
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. ......ition in 1961 and acquisition in 1968. 5. But neither the Government nor the land owner in this case is entitled to any benefit from this erroneous view taken by the learned Single Judge. Neither party was aware of this provision in section 7(e) of the Act, or at least they did not place it befo..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. ......ce led by the profounder of the will is such as to satisfy the conscience of the court that the will was duly executed by the testator. It is impossible to reach such satisfaction unless the party which sets up the will offers a cogent and convincing explanation of the suspicious circumst..Category: Property Law | Date: | Hits: 118
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....sident's Order or as abandoned property under or in pursuance of the President's Order by, or under the authority or at the instance of, the Government, such property shall, notwithstanding any defect in the right or authority to take it over, vest, and be deemed always to have vested, in th...... 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. ......r of being wasted. 11. Other legal principles in the matter of appointment of a receiver should also be kept in view. These principles require the exercise of caution about putting a third party as a receiver of properties of a join family which are being possessed and enjoyed by the mem..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. ......uot;The powers of the High Court under section 115 CPC are wide and it has been held by the Calcutta and other Courts that action can be taken under this section even without application by the party aggrieved". He also referred to AIR 1954 Madras, 864 (Full Bench), in..Category: Property Law | Date: | Hits: 30
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