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Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......ersons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Suit No 72 of 1975 in the Second Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, who are second party i..Category: Criminal Law | Date: | Hits: 39
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ......e joint property which from, its nature and relative value may have formed the nucleus, from which the property in question may have been acquired, the burden shifts to the party alleging self-acquisition to establish affirmatively that the property was acquired Without ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......in the above mentioned title and his statement in the petition of objection filed by him to oppose the petition for appointment of Receiver and the statement made in the solenama to which he was a party, has not been disputed. In the absence of rebuttal of the presumption that the admissions wer..Category: Property Law | Date: | Hits: 448
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... the Second Party to pay subsistence allowance and 50% for the first 60 days and full salary for the rest period with effect from 5.2.74. The Labour Court allowed the petition and directed the second party "to calculate and to pay subsistence allowance equivalent to half of his wages upto 6.6.77 and..Category: Labour and Industrial Law | Date: | Hits: 108
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ......n the contrary his service has been transferred to a new Company which happened to purchase the Tea garden which once belonged to the B.T.I.M.C. and now is the new employer. The respondent was not party to that agreement of transfer and he could be an employee, if he consents, either expressly o..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Order and to which the existing bank is a party or which are in favour of the corresponding new bank, and may be enforced or acted upon as ful..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... the Labour Court by filing an application under Section 25 of the Standing Orders Act. The result would be that illegal dismissal or discharge remains unremedied. It is obvious that to remove this defect in the statute and to enable full implementation of some of the provisions of the I.R.......lusions reached in this decision on the interpretation of other relevant sections of the Ordinance are that after the amendment to section 34 which no longer contains the expression "any party to such dispute", a worker who has not been dismissed in the course of an industrial dis..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....llants submits that the case be remanded to the trial Court for giving an opportunity to them to withdraw the suit for filing a properly Constituted Suit. As the plaint does not disclose any formal defect, rule 1 of Order XXIII is not at all attracted in this case. Besides, there had earlier bee......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......om or deductions from other customs which is to be a rule of decision, but only 'any custom applicable to the parties concerned which is not...'and it, therefore, appears to me clear that when either party to a suit sets up 'customs' as a rule of decision, it lies upon him to prove the custom which ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ......eneral on reference to the case of Monmotha Kumar Roy Vs. Josada Lal Poddar and others reported in 28 C.W.N., 300 contended that it is the duty of the Court to consider the interest of the absent party and not to pass a decree except on proof by the plaintiff. We are in agreement with the princi..Category: Others | Date: | Hits: 103
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ....... 39, Hamid Hussain himself accepted the responsibility for this shortage and its adjustment. The list (Ex. 39) showing the shortage was a matter between the two cashiers, and the appellant was not a party to it. This is evident from the following admission of Hamid Hussain:— "The list rela..Category: Anti-Corruption Laws | Date: | Hits: 142
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... pointed out the circumstances which have to be taken into account. We are unable, therefore to agree with the learned Counsel that the High Court's enunciation of the principles suffers from any defect. Merely because some element of guess work has been introduced into this calculation it canno......se of fatal accident caused by a motor vehicle Insurance Company is liable to pay the decreetal amount of compensation as if it were a judgment debtor even though the Insurance Company was not made a party-defendant in the suit. The only condition necessary to make the Insurance Company so liable is..Category: Others | Date: | Hits: 124
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......exceeded their jurisdiction in setting aside this finding and ordering a remand on this point. 15. We do not wish to go into details on this question lest anything we say might prejudice one party or the other at the hearing of the appeal before the Additional Settlement Commiss..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......udge of the High Court made the Rule absolute holding that an application for filing reply to a notice of motion for interim injunction is a step taken in the proceeding which would disentitle the party from invoking the arbitration agreement. On appeal the Supreme Court of India, considering th..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....rt when the same was pending in appeal, could be taken into consideration in deciding the appeal. 14. Although the provision of remand should not be exercised to cure any defect or filling up any lacuna in the pleadings of the parties or the case of the parties but in ......equent stage. The remand order has been made by the High Court Division in order to enable the plaintiff to admit the said document in the suit as additional evidence under Order XLI rule 27 as the party seeking to produce additional evidence was not within the knowledge or after exercise of due ..Category: Fiscal/Taxation Law | Date: | Hits: 122
....eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......om the Judgment and Order dated 30th October, 2000 passed by the High Court Division in Divorce Suit No.1 of 1998).
Judgment
Md. Ruhul Amin J.- This petition for leave to appeal is by the 3rd party against the judgment and order dated 30th October, 2000 passed by the High Court Division in D..
Category: Family Law | Date: | Hits: 192
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......shing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy………&hell..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......rder dated 11-8- 1999 passed by the High Court Division in Civil Revision No. 3940 of 1998 discharging the Rule. 2. The short fact leading to this petition is that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under ..Category: Property Law | Date: | Hits: 49
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....d Advocate for the petitioner, submits that since charge framed against the petitioner and others for the murder of two persons being violative of the provision of section 233 of the CrPC and that defect in the framing of the charge against the petitioner being not curable under section 537 CrPC......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ..Category: Criminal Law | Date: | Hits: 76
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ...... 3. On perusal of the impugned judgment it appears that the High Court Division arrived at the findings that: “I have considered the above submissions of the learned Counsel for the opposite party. From his submission it is clear that he wants to down gave (sic) Exhibit 1, which is a bilat..Category: Tenancy Law | Date: | Hits: 76
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