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Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......, Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a licensee and the appeal was co..Category: Property Law | Date: | Hits: 24
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. ......ee to the tune of Tk. 3,50,000/- is furnished by the decree-holder and the Court passed the following direction: "It is accordingly directed that the learned Subordinate Judge should effect the delivery of possession of the properties in question to the decree-ho..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. ......fs appointing a Committee of Official Mutawallis under section 44 of the Waqfs Ordinance, 1962. Earlier, this order was unsuccessfully challenged by revisional application before the District Judge and also the High Court Division. 2. The appellant was appointed mutawalli of the Bh..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. ......rds served a notice under section 106 of the Transfer of Property Act upon the defendants terminating the tenancy and thereafter filed a suit, S.C.C. Suit No. 1 of 1979, in the Court of Subordinate Judge, Sylhet, for ejectment of the defendants on the ground of non-payment of rent from Poush 1381 ..Category: Tenancy Law | Date: | Hits: 166
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... 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. ......1978. This application was filed on 4.9.79 and thereafter on 29.11.79 the defendant-judgment-debtors was directed to appear on 12.4.80 and in the meantime their properties were attached. The District Judge in revision took the view that the petition under Order 21, rule 32 was not maintainable and i..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. ......This appeal arises from Civil Order No. 13 of 1983 passed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on accoun..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. ......etween the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High Court Division has met the ends of justice, fairness and equity even though the Learned Judge of the High Court Division missed the appropriate law for latches of the parties. The Appeals ..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. ...... application being Miscellaneous Case No. 136 of 1966 praying for a Probate of the Will but it was dismissed for default. Thereafter he filed Title Suit No. 5 of 1976 (Probate) before the District Judge, Noakhali, seeking probate of the will. 3. The suit was contested by Krishna Moni De..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... 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. ......ch originally issued the injunction for taking cognizance in a matter of violation of injunction. 2. A suit for specific performance of contract was filed in the Court of Subordinate Judge, 1st Court, Dhaka. Plaintiff also filed an application for injunction and on 3.12.74 the orde..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....ch do not spare the kind of conduct for which he now stands convicted. The petition is accordingly dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 161. ...... Fazle Munim CJ.- This petition for special leave to Appeal is against the order of a Single Judge of the High Court Division passed in Criminal Appeal No. 519 of 1973 on August 22, 1983. ..Category: Criminal Law | Date: | Hits: 58
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....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. ......; Fazle Munim CJ.- The appeal arises from First Miscellaneous Appeal No. 170 of 1982 passed by the High Court Division, Dhaka which affirmed the judgment and order of Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Case No. 958 of 1981. 2. Appellant No. 1, M/s. Ga..Category: Property Law | Date: | Hits: 47
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. ......nt of the High Court Division in Civil Revision No. 336 of 1978 passed on March 20, 1983. 2. Plaintiff who is the appellant instituted Title Suit No. 101 of 1973 in the 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on ..Category: Property Law | Date: | Hits: 38
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. ......ration, Chittagong, (though neither a plaintiff nor defendant in the suit out of which this appeal has arisen), has become involved at the appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action und..Category: Anti-Corruption Laws | Date: | Hits: 113
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. ...... First Miscellaneous Appeal No. 428 of 1981 decided by a Bench of the High Court Division on January 19, 1982. Respondent No. 1 instituted Partition Suit No. 118 of 1980 in the court of Subordinate Judge, 1st Court, Sadar, Chittagong against the appellants and respondents Nos. 2 to 29 for partiti..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......quot;Judgment delivered. I do not find the accd. Persons guilty u/s 427 B.P.C. and thereby acquit them u/s 258 Cr. P. C." 3. The complainant thereafter moved the Sessions Judge for making a reference under sections 435/438 Cr. P. C. recommending setting aside the order ..Category: Criminal Law | Date: | Hits: 41
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. ......tion on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and in that view of the matter he dismissed the plaintiff's suit. On appeal by the plaintiff the learned Subordinate Judge, Rajshahi in Title Appeal No. 4 of 1980 took note of the fact that the learned Munsif did not..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......he pattannamas Exts. 1 to 1 (b) and the Dakhilas Exts. 2 to 2(g) are genuine and that respondent had been in possession of the properties. On appeal by the present-appellant the learned Subordinate Judge, Tangail, set aside the judgment of the learned Munsif on the finding that the materials prod..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....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. ......d and, therefore, the plaintiff had got no right of redemption. 4. The trial court decreed the suit. Defendant No. 1 preferred other Appeal No. 385 of 1968 before the Subordinate Judge, 3rd Court, Chittagong who dismissed it with the modification that there would be no need of ..Category: Property Law | Date: | Hits: 35
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. ...... No. 1878 of 1981 on May 5, 1982. Plaintiff-respondent, an employee of the Bangladesh Agricultural Development Corporation filed Title Suit No. 64 of 1979 in the Court of Subordinate Judge, 1st Court, Dhaka against the defendant-appellant for a declaration that the order of hi..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. ......02 read with sections 34 and 109 of the Penal Code, by an order dated 10 June, 1982. This proceeding was challenged by an application under section 561A of the Criminal Procedure Code but the learned Judges of the High Court Division by their impugned order dated 24 November, 1982 dismissed the appl..Category: Criminal Law | Date: | Hits: 79
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