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Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
.... decree at least to the extent of 1/3rd share of the suit land and further that since the appellant has been in possession of the entire suit land, an ejmali property, the attempt to oust him without legal partition is unwarranted. 6. It appears that seven heirs of Jadhulal including Shaktipa......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....and also while rejecting the application for restoration the merit of the appeal was taken into consideration by the learned Judge. But then it has also been found that 'there was no satisfactory legal plea on the part of the plaintiff-appellant which prevented him from attending court when the ......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....an assertion by the holder of the judgment of the right which he claims to acquire and is then admissible in evidence of his right. “Secondary evidence e.g. Photostat copy, which is not even proved legally, could not be admissible in evidence”….(12) Secondary evidence of a document is admis......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....whether a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof, well demarcated by boundaries, is entitled to retain his possession till legal partition, by an order of injunction against another co-sharer who threatens him with disposse...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ballot papers and other papers relating to elections; (k) the circumstances under which polls may be suspended and fresh polls may be held; (l) the election expenses; (m) the corrupt or illegal practices and other election offences and penalties thereof; and (n) any other matter con......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
....tatute jurisdiction of this Court. When the constitutionality of a statute is challenged the members of the Parliament are not arraigned before the Court. When the Court strikes down legislation no legal consequence follows affecting the members of the Parliament. A member of the Parliament is n......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
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Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....tion that the order of the defendant-appellant No. 2 reverting the plaintiff to the post of Assistant Secretary from that of the Deputy Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The pl......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....to the Bank's Account that the Money Suit No. 5 of 1957 was hotly contested by the Bank and it was rightly decreed when it was found that the Bank had no title to the property leased out and that the legal formalities. Defdt. No.3, the auction-purchaser, contested the suit by filing a separate wri......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..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....s in possession and then dispossessed by the defendant in 1376 B.S. The finding of the lower appellate court being that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Divis...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....ower as are vested in the Court of Magistrate, 1st Class under the Code. The Legislative intendment for the purpose of appeal is to take away it from the ambit of Code of Criminal Procedure and by legal fiction makes it a court of session for which under Code of Criminal Procedure an appeal lies......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. ..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....was observed: ''Though the whole dags were not the subject matter of the suit the plaintiff claimed in that suit by compromise the said dags were divided among the parties which was quite legal and it cannot be said that only the lands of the suit were divided". It was also noti......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... favour of the appellant for realisation of the aforesaid amount. 4. Respondent filed suit for setting aside the award on the grounds as follows: "(1) The award is illegal and void having been passed beyond 4 months after the reference; (2) As per ter......Arbitration agreement as laid down in section 3 of the Act. In observing that the revisions of the First Schedule in so far as icy were made the terms of the Arbitration agreement did not acquire a status higher than the other terms of the same, the Court observed: "The ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....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. ......rt Division misdirected themselves in not refusing specific performance of contract in exercising Court's discretion under Section 22 of the Special Relief Act as there has been a change in the status quo of the matters at the time, the suit was filed on 16-11-73 and the plaintiff is guilty ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... appellant company it was restored for hearing on October 9, 1980. 5. At the hearing of the suit, it that the appellant company's principal defence, among others, was that the Sonali Bank was not legally entitled to recover the debt payable to the National Bank of Pakistan as it had not taken ov......hat comes from the following statements of Mr. M. M. Ispahani, D.W. 1. In his cross-examination he stated that "after 16.12.71 we were busy in protecting our lives. We did not or could not or had any status to do anything to protect the jute stocks all over the country." 49. Dr. Hossain pointed ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary and of no legal effect and that the appellant was still in service under resp......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. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... 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. ......n 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 restaurant on Chinese pattern. Total ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....otted to the shareholders by the Company are the property of the assessee or of the individual shareholder. The argument breaks down because Explanation 4 has advisedly added by making a legal fiction that it will be a part of the income accruing to the Company. Since it is an income o......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....cree of the trial court "with modification to the effect that the findings of the court below so far as the claim of the defendant No 1 and defendants Nos. 3-5 are concerned will be of no legal effect are set aside". 3. Being aggrieved plaintiff-appellants moved this Court......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)
....issolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot stand in the way of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Court for disposal t......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. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... circumstances to be decided by the Village Court. The decision of the Village Court either by the unanimous or by majority opinion shall be enforceable and section 14 bars the appearance of a legal practitioner. The composition of the Village Court provides that two members to be nominated...... 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. ..Category: Property Law | Date: | Hits: 42
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