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Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....nt injunction. These-two suits were dismissed for default. Plaintiff No. 7 filed Titled Suit No. 622 of 1974 in the 1st court of Munsif, Dhaka. This suit was withdrawn with opportunity to sue afresh. 8. As to the appellants claim regarding the genuineness of the bainapatra, Mr. Khon...... evidence relating to the respective claim of each of these parties in those cases and the results thereof were fully considered by the Courts. Mr. Khondker referred to grounds Nos. 7 and 9 on the application of section 53A of the Transfer of Property Act to the facts and circumstance..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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 taking fresh evidence as may be necessary due to such amendment……………(20) The partnership firm ......nging the finding in the trial court's judgment raised the bar of section 69 of the Partnership Act. 4. In order to over-come the bar of section 69 of the Partnership Act the appellant filed an application for amendment of the plaint by way of substituting the abovementioned relief quoted earl..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ary 1974 and was decreed ex parte on 28 September 1974 when the defendants, though served with notice as the record shows, did not appear to contest. The defendants challenged the decree by filing an application on 24 October 1975 alleging that no summons was served upon them but the summons was sup..Category: Procedural Law | Date: | Hits: 93
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ...... altered the conviction under section 436/34 to that under section 436/149 of the Penal Code maintaining the sentence. Against this order of the Appellate Court, the respondents filed a revisional application as referred to above and thereupon the learned Single Judge of the High Court Division ..Category: Criminal Law | Date: | Hits: 66
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. ......lf as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application in these circumstances. Per Badrul Haider Chowdhury J.…….......... .(9) ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....res 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, some inherent lacuna or def......wed by the trial court on December 27, 1979. Appellants preferred First Miscellaneous Appeal. No. 105 of 1980 in the High Court Division. During the pendency of the appeal appellants filed an application under Order 41, rule 27 of the Code of Civil Procedure annexing certified copies of app..Category: Property Law | Date: | Hits: 34
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. ......This right is more restricted than the English equity in two respects; (a) there must be a written contract and (2) it is only available as a defence. A formal least is not necessary to attract the application of section 53A. All that is required is that as agreement in writing signed by the tra..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. ......to the decree-holders, only after the decree-holders have furnished a bank guarantee to the tune of Tk. 3,50,000/-. It is further directed that the learned Subordinate Judge shall hear the application filed before him en 10.6.76 by the decree-holder on its merit after he has afforded op..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. ......rder of the Administrator of Waqfs 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 w..Category: Trust/Waqf Law | Date: | Hits: 196
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. ......gh Court Division during the pendency of the Second Appeal. Thereafter the plaintiffs put the decree into execution being Execution Case No. 37 of 1979 and in that proceeding the plaintiffs filed the application under Order 21, rule 32 of the Code of Civil Procedure for attachment of the properties ..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....nd the law says that exclusive jurisdiction in such case lay with the Labour Court II, Dhaka. In this view of the matter all the proceedings are quashed. It is for the respondent whether to bring a fresh proceeding in the Labour Court II, Dhaka or for that matter for the Company to consider whet......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. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......der trust or other legal obligation wholly for religious or charitable purposes, and in the case of property so held in part for such purposes, the income applied, or finally set apart for application, thereto: Provided that in the case of income derived from business this cl..Category: Fiscal/Taxation Law | Date: | Hits: 117
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. ......e the date of requisition; and the land owners' contention was that ''twenty-four months" should precede the date of acquisition. Government did not take the ground under section 7(e) even in their application for leave or in their concise statement, but insisted on the earlier contention that the..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. ......s; and that this was the last will of Haricharan. Three months thereafter, that is, on 5 February 1964, Haricharan died in his house in village Kerua, district Noakhali. The appellant filed an application being Miscellaneous Case No. 136 of 1966 praying for a Probate of the Will but it was ..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. ......ognizance 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 order of injunction was issued and on 7.2.75 the said..Category: Others | Date: | Hits: 93
Dr. Md. Azizul Haque Khan Vs. The State, 1984, 13 CLC (AD)
....hen the second report was going to be directly opposed to the first report the petitioner should have taken due care to get the order of the superior officer in writing the circumstances in which a fresh report was being called for. Also petitioner himself did not state in the second report the ......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. ..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. ......19.1.77 requested the appellants to produce the original documents. This was duly complied with. By their Memo. No. SEC-XIV/2P-3-13/72/196 dated 26.2.77 the Ministry enquired as to why so long the application for realise was not made. In reply, the appellant stated that representations were bein..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. ......en over by the Government. After the promulgation of Martial Law Regulation No. VII of 1977 the learned Subordinate Judge passed the order of abatement of the suit suo motu on November 24, 1977. An application for review of this order filed by the appellant was rejected on February 14, 1978. Again..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. ......f a sum Tk. 38,75,000/- towards profit out of its joint venture with respondent No. 2. In order to secure execution of the decree this may be passed in the suit, Plaintiff-respondent No. 1 filed an application under Order 38, rule 5 of the Code of Civil Procedure for attachment of four Trawlers,..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. ......operties. Respondent Nos. 11 to 39 are proforma-defendants being tenants in schedules 1 and 2 properties. 2. The suit was filed on September 12, 1980. Later, on September 29, 1980 two applications were filed, one under Order 39, rule 1 of the Civil Procedure Code for restraining def..Category: Property Law | Date: | Hits: 45
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