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Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....For the Appellant. S. R. Pal, Senior Advocate with him instructed by Syed Sakawat Ali, Advocate-on-Record—For respondent Nos. 1 & 2. Civil Appeal No. 101 of 1903. (From judgment and dated 15-03-83 passed by the High Court Division Jessore Bench in First Appeal No. 6 of 1980.) J......f relief sought, the question of changing the nature and character of the suit did not arise. 9. Syed Ishtiaq Ahmed, Counsel for the appellants, referred 10 principles enunciated in the following decisions as to when amendmend of the plaint may be allowed and asserted that having regard to those..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
..... Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Civil Appeal No. 152 of 1983. (From the judgment and order dated 4th March, 1982 passed by the High Court Division in Civil Revision No. 495 of 1981.) Judg......was taken up for hearing" and that there was no declaration from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived a..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....nbsp; by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise…………&hel......t it is against the public policy to make a trade of felony or compromise an offence which is not compoundable in law and that an agreement to that effect is wholly void. He further noticed a decision of the West Pakistan High Court wherein it was held that in order to settle the dispute be..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....nts. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Respondents. Criminal appeal No. 37 of 1983. (From the judgment and order dated 5-2-1981 passed by the High Court Division in criminal Revision No. 175 of 1980.) Jud......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. ..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... A.W. Bhuiyan, Additional Attorney General instructed by M. R. Khan, Advocate-on-Record —For the Respondent. Civil Appeal No. 139 of 1983. (From the judgment and order dated 3rd May, 1982 passed by the High Court Division in Civil Revision No. 1324 of 1979.) ......bjections from all persons interested in the holding and shall consider any objection that may be submitted to him within the period specified in that behalf in the notice and shall record a decision. (4) Any person aggrieved by an order passed by the Revenue-Officer under su..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....ellants. S. R. Pal, Senior Advocate instructed by Kaiseruddin Ahmed, Advocate-on-Record—For the respondents. Civil Appeal No. 7 of 1983. (From the Judgment and Order dated 6.1.83 passed by the High Court Division, Dhaka in First Misc. Appeal No. 105 of 1983.) ......espondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The case is remanded to the High Court Division for disposal. C..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....cate (Abdur Rashid, Advocate with him) instructed by Shamsul Haque Siddique, Advocate-on-Record—For the respondents. Civil Appeal No. 71 of 1983. (From the judgment and order dated 13.12.1982 passed by the High Court Division, Comilla Bench in Second Appeal No. 201 of 1982....... Court dismissed the suit on ground that the contract for sale was more probable and the defendant was not a licensee under the plaintiff. On appeal the appellate Court below affirmed the decision and dismissed the appeal. Thereafter a Second Appeal was filed and the High Court Division..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... S. R. Paul, Senior Advocate instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Respondent No. 1. Civil Appeal No. 8 of 1983. (From the judgment and order dated 16-02-83 passed by the High Court Division in Civil Revision No. 692 of 1982.) Judgme......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. ..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....or Advocate, (Md. Hannan, Advocate with him) instructed by Abul Quasem, Advocate-on-Record-For Respondents No. 2.5. Civil Appeal No. 9 of 1984. (From the judgment and order dated 24 January, 1984 passed by the High Court Division, Dhaka Bench, in Civil Revision No. 369 of......e view that the revisional applications filed before them respectively are incompetent, particularly, when the Administrator did not 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 sti..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....on-Record—For the Appellants. S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate—For the Respondents. Civil Appeal No. 20 of 1983. (From the judgment and order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 19......h rent, and (b) may continue to deposit every subsequent amount of rent which becomes due in respect of such premises until such doubt has been removed or such dispute has been settled by the decision of any competent Court by settlement between the parties, within a fortnight of the dat..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
.... S.R. Pal, Senior Advocate, instructed by Kaiseruddin Ahmed, Advocate-on-Record—For the Respondent Nos. 1 & 2. Civil Appeal No. 92 of 1983. (From the judgment and decree dated 6.12.1982 passed by the High Court Division, Rangpur Bench in S.A. No. 1355 of 1968.) ......ndants, it was contended, were in possession and took pattan of the suit land by Amalnama. The trial Court on consideration of the evidence decreed the suit. Appellate Court, however, reversed the decision and allowed the appeal and found that the defendants are in possession by making reservati..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....For the Appellants. A. N. M. Gaziul Hoque, Advocate, instructed by Md. Ozair Farooq, Advocate-on-Record — For the respondents. Civil Appeal No. 94 of 1983. (From the judgement and order dated 22nd May, 1982 passed by the High Court Division in Civil revision No. 340 of 1981.) Judgm......ent-debtor for obeying any order of the court. He argued vigorously that the judgment of the High Court Division in Second Appeal clearly shows that on point of possession there was ‘conflicting' decision—the trial court holding that the plaintiff was in possession while the appellate court be..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....appellant. Zakir Ahmed, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal appeal No. 40 of 1983. (From the Judgment and order dated 10-5-1983 passed by the High Court Division in Criminal Revision No. 29 of 1982.) Jud...... abated after promulgation of the Martial Law. Thereafter the Company moved the High Court Division for quashing the proceeding under section 561A Cr. P. C. The Rangpur Bench took the view that the decision of the Labour Court, Rajshahi was final unless it was revised by the Zonal Martial Law Ad..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....nt. Rafiq-ul-Huq, Senior Advocate, instructed by Abu Backkar, Advocate-on-Record—For the Respondent. Civil Appeals Nos. 52 to 57 of 1981 (From the judgment and order dated 9-6-80 passed by the High Court Division in Reference Application Nos. 127 to 130 of 1971 and...... behalf of the trust; the business of launch playing in this case being directly held and owned by the Trust is outside the ambit of the proviso. In support of this contention, he has referred to a decision of the Indian Supreme Court in Commissioner of Income tax vs. P. Krishna Warrior, ITR Vol..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of actual acquisition. The valuation ascertained by the High...... 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. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
..... Abdur Rashid, Advocate with him) instructed by Md. Shamsul Huque Siddique, Advocate-on-Record—For the Respondents. Civil Appeal No 58 of 1983. (From the judgment and order date December 1981 passed by the High Court Division in First Appeal No. 52 of 1978.) Judgm......us effort to defend the High Court Division's judgment particularly referring to these suspicious circumstances surrounding execution of the will and has sought support from, a number of decisions from Indian jurisdiction particularly in the cases of Smt. Jaswant Kaur V. Smt. Amrit Kau..Category: Property Law | Date: | Hits: 118
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....respondent No. 1 Moksudur Rahman, Deputy Attorney-General, instructed by A.W. Mallick, Advocate-on-Record —For respondent No. 4 Civil appeal No. 67 of 1982. (From the Judgment and order dated 17-6-1981 passed by the High Court Division in F.M.A. No. 501 of 1981). Judgment Fazl......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. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....d—For the respondent No. 1. Syed Sakhawat Ali, Advocate-on-Record— For Respondent Nos. 3 (a) to 3 (q). Civil Appeal No. 61 of 1982. (From the Judgment and order dated 19-1-1982 passed by the High Court Division in F. M. A. No. 428 of 1981.) Judgment ......rder for appointment of receiver. Against this order, appellants preferred the aforesaid first miscellaneous appeal in the High Court Division. The learned Judges who heard the appeal affirmed the decision of the trial court on the finding that there was mismanagement and there was necessity for..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....the Appellant. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, Advocate on Record—For the Respondent No. 1. Civil Appeal No. 13 of 1983. (From the Judgment and order dated 22-11-1982 passed by the High Court Division in Civil Revision No. 1161 of 1982.) Judgment......ng according to an approved plan of the Dhaka Improvement Trust. He is now challenging the High Court Division's order, in Civil Revision No. 1161 of 1982, refusing to interfere with the concurrent decision of the trial Court and the lower Appellate Court which decreed the suit for ejectment; the ..Category: Tenancy Law | Date: | Hits: 111
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....-on-Record—For the Appellant. Sharifuddin Chaklader, Advocate-on-Record —For the Respondent No. 1. Criminal Appeal No. 12 of 1983. (From the judgment and order dated 19.9.82 passed by the High Court Division in Criminal Reference No. 245 of 1979.) Jud......tal. The question is whether in case of acquittal the learned Magistrate is obliged to write a judgment within the meaning of section 367 in a case tried summarily. This point is covered by a decision in the case of Muslim Mondal and others Vs. The State, 14 DLR 595 where it was observed:&n..Category: Criminal Law | Date: | Hits: 41
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