Search Options
Judgment Advanced Search
Displaying 6941-6960 of 8156 results.
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. ......January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order of the High Court Division in F.A. No. 94 of 1979. 2. Leave was granted to consider the qu...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ip part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered deed..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....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. ......e Appellant. S.M. Hossain, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Appeal No. 103 of 1983. From the judgment and order dated the 9th December, 1982 passed by the High Court Division, Dhaka Bench in Apportion...... This Case is also Reported in: 36 DLR (AD) (1984) 269. ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Commissioner of the Income Tax...........................................Appellant Vs. Abd..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....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. ....... The predecessor of defendant Nos. 3-5 filed Title Suit No 104 of 1974 for cancellation of the compromise decree dated August 23, 1966 but it abated. Miscellaneous case filed for setting aside the order of abatement was also dismissed. The present suit has been filed by the plaintiff appell...... Reported in: 36 DLR (AD) (1984) 261. ......anuary 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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. ......roperties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false document and the appellant did not transfer......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......owing 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 is an unregistered one. It would, therefore, follow that in view of the provisions of sub-section (I) of section 69 the..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.......llants. 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.) ...... This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......m 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 at the finding that there was no declaration from the court that..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....granted to consider the question being of public importance but the decision of the Supreme Court could not be traced in the subsequent volume of P.L.D. though the leave order in that case was published in 1968 SC M.R. 1313 (in the case of Md. Isha Khan Vs. Md. Jahan Khan). 8. The l......d by B. Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2. Respondents No. 3 to 8- Ex-parte. Civil Appeal No. 137 of 1982. ( From the judgment and order dated 22.3.82 passed by the High Court Division in Civil Revision No. 1255 of 1979.) ......s also Reported in: 36 DLR (AD) (1984) 240. ......nts the defendant did not state their case" in the written statement which warranted a comment by the learned Munsif "Perhaps the defendants’ lawyer failed to do his duty honestly". The learned Munsif then considered the contention of the plaintiffs that the conside..Category: Property Law | Date: | Hits: 42
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. ......mitting rioting under section 147. The act of destruction of the house by fire is not warranted by the fact and circumstances of the case. The respondents are found guilty under section 147 and the order of sentence is modified accordingly……………(9 & 10) ......e their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......ention" and "common object" have overlapped in this case……….(9) The respondents being members of an unlawful assembly and when violence was caused by any one of them is proved, the respondents cannot be excluded from the responsibility of committing rio..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... (c) and (d) of that sub-section secured by encumbrances on such holdings. (3) Before entering on a holding under sub-section (2) the Re venue-Officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and spe...... 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.) ...... is also Reported in: 36 DLR (AD) (1984) 225. ......O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned and possessed by one Gouri Dasi, her mother who was once a prostitute by profession and subsequently gave up and led..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division 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) 220. ......7 of the Code of Civil Procedure annexing certified copies of application for separation of the old jama which was registered as Mutation Case Nos. 1367(IX-1) 1977-78 and 1368 (IX-1)/1977-78, orders separating the old holding in the same mutation cases and the new Khatians bearing Nos. 3067......also Reported in: 36 DLR (AD) (1984) 220. ......97 and S.A. Khatian No. 1650 of Mouza Mymensingh town under Kotwali P.S. alongwith constructions thereon. His case was that 771 acres of land of the aforesaid Khatians with huts thereon belonged to one Shyamlal Saha who sold the same to respondents 1 and 2 on July 9, 1972. Respondent No. 2 sold ..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. ......r Advocate (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...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......rchase when the plaintiff offered the suit house at a price of Tk. 1000/-; that the price has to be paid in installment of Tk. 5000/-; that on 14.8.56 the plaintiff accepted Tk. 1000/- as earnest money; that the plaintiff told the defendant to keep the transaction secret as his aunt Nalins ..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. ......, the Court is obliged to see that he performs his function properly and for the benefit of the trust. Receiver’s liability to account continued even when he has been discharged by an order of the Court. His responsibility continues and he cannot be exercised that what he had done ...... 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......e trust. Receiver’s liability to account continued even when he has been discharged by an order of the Court. His responsibility continues and he cannot be exercised that what he had done was in excess of his discretion…………(12 - 14) This is a limit..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. ......trator of Waqfs and others............Respondents Judgment April 2, 1984. The Waqf Ordinance, 1962 (1 of 1962), Sections 32, 43 and 44 The Waqf Administrator’s order under Section 44 of the Waqf Ordinance cannot be challenged in appeal or revision…&hel....... This Case is also Reported in: 36 DLR (AD) (1984) 203. ......revision…….(7) Though the word 'Official mutawalli’ has been used in 'singular', yet this expression includes its plural also under the General Clauses Act. So instead of one person being appointed Official mutawalli, a Committee of five persons has been so appointed. ..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. ......e new landlords are certainly entitled to receive rent since the transfer and this rent not having been paid the tenants were defaulters. Termination of tenancy by notice has not been challenged. The order of remand therefore was absolutely unnecessary………(6) Lawyers Involved: Md. Abdu......sts. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ......otice that their landlord already transferred the premises to the appellants-plaintiffs to whom no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... Badrul Haider Chowdhury J.-This appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Appeal No. 1355 of 1968. 2. Defendants a......Reported in: 36 DLR (AD) (1984) 188. ......d from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correct view that the appellate Court below had drawn erroneous inference………..(6) Cases Referred to- Abu Nasser Sa..Category: Property Law | Date: | Hits: 27
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. ......only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing. It is imperative to find that the defendant had willfully disobeyed the order of the Court…………..(10) To find the defendant guilty for disobedience of injunction ...... This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......ppeal was disposed of in 1965. It will entail a good deal of hardship on the parties if the appeal is sent back on remand to the lower appellate Court after a lapse of 13 years. I have, therefore, gone though the records of the case myself Having regard to the evidence, both oral and documentary..Category: Civil Law | Date: | Hits: 114
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....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. ......r the 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.) ...... 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. ......ed office at Fouzdarhat Industrial Area, in the district of Chittagong. The respondent was an employee of its Bogra Sales Depot. On charge of short supply and unauthorised delivery of goods to one M/s Ally Bross of Rangpur the respondent was found guilty for misconduct. Acting under the ins..Category: Labour and Industrial Law | Date: | Hits: 115
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. ...... and 2. M. Zahir, Senior Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For Respondent Nos. 2 and 4. Civil appeal No. 67 of 1983. (From the Judgment and order dated 11-1-1983 passed by the High Court Division, Dhaka in Civil order No. 13 of 1983.) ......d in: 36 DLR (AD) (1984) 163. ...... Fazle Munim CJ.- 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 def..Category: Civil Law | Date: | Hits: 95
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. ......ppellant. 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 19...... No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......984) 163. ..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. ......i, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record (absent)— For the Respondents (In Civil Appeal No. 137 of 1983) Civil Appeal Nos. 60 and 137 of 1983. (From the Judgment and order dated 14-11-1982 passed by the High Court Division, Rangpur Bench in F.M.A. No. 242 of 1979.) ...... in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......137 of 1983. (From the Judgment and order dated 14-11-1982 passed by the High Court Division, Rangpur Bench in F.M.A. No. 242 of 1979.) Judgment Shahabuddin Ahmed J.- These two appeals, one by the Government, and the other by the land owner whose land has been acquired, are directed ag..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. ......e, (Md. 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.) ......d in: 36 DLR (AD) (1984) 156. ......tions 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his proper..Category: Property Law | Date: | Hits: 118
18501849184818471846184518441843184218411840183918371836183518341833183218311830