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Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......e 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of justice. However the court can pass an order of i..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......an jurisdictions made the following observation: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for information in the nature of quo-warr..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......ld be raised as an issue." The majority view has been quoted above and the minority view was that the waiver had been established as a fact in that case. It was focussed that where a party has two rights, the mere exercise of one right does not amount to waiver of the other, but if there are alte..Category: Property Law | Date: | Hits: 52
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......eing enemy property which has not been, and is not required by the order to be, vested in the Custodian; (d) confer and impose on the Custodian and on any other person such rights, powers, duties and liabilities as may be prescribed as respects — ..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......y filing written statement contending, inter alia, that the suit is not maintainable and barred by estoppel, waiver and acquiescence, declaration if granted, would affect the accrued and vested legal rights of third parties. Trial Court decreed the suit declaring that the seniority list which was pr..Category: Employment/Service Law | Date: | Hits: 97
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......g injunction to restrain the Infringement of Its ‘copy right’ in the name of Exxon on the ground that this word was an "original literary work" within section 2(5) of the Copy-rights Act, 1956. The plaintiff also sought an injunction to restrain the defendant from passing-o..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ceding year would cause a default as to the payment of rent which would be violation of the terms of the lease warranting cancellation of it and since it was a lease between the parties the breach of contractual obligations would not attract the writ jurisdiction, thereby making a third case, which ......an 1980 B.S.C.R. 54, M/S. Radha Krishna Agarwal vs. State of Bihar and others AIR 1977 Patna 65, Shitla Prasad vs. M. Saidullah and others AIR 1975 (All) 344 (F.B). In these decisions the contractual rights were sought to be enforced. In Purba Nanda Das vs. Executive Engineer, Relief and Rehabilitat..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... that appellant No. 2 stood in fiduciary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August 1980, that..Category: Others | Date: | Hits: 104
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......ecome inconvenient to possess the land in ejmali they brought the suit for partition. The defendant’s case was that Jobeda had possessed the entire 20 pakhis of land in her exclusive raiyati rights on payment of rent in her name for the entire and on open assertion of hostile right and tit..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......, 1356, all interests of all rent-receivers in their respective estates, taluks, tenures, holdings and tenancies situated in the district of……….... including their interests in all sub-soil and rights to minerals in such estates, taluks, tenures, holdings and tenancies, except the inter-and ri..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......he Act. In the former case a suit will lie, but in the latter eventuality the grievance can only be agitated under section 4A." 42. This principle is grounded on the theme that if you tinker with rights on any supposed intendment of the legislature then you will be closing the door for doing awa..Category: Property Law | Date: | Hits: 48
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......ach the property. Section 146 provides that if the Magistrate cannot decide which of them was in actual possession of the land in question "he may attach it until a competent Court has determined the rights of the parties thereto." Mr. Khondkar argued that the legislature has spelt out the powers an..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......abad bat which is claimed to have existed for more than a century and a half from now somewhere other than at Tebaria, or its present site cannot be impugned to have continued since then with all its rights including its oldness and sitting days in a week. He regretted that the trial Court and the f..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......5 C.P.C It was thus observed: "The broad and unqualified proposition that once it is held that an officer, authority or functionary is exercising the functions of a Court in relation to rights that may be called “civil", that officer, authority or functionary must be held to b..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......of Karnatak by his Nika wife Amin Shaheba. The respondent challenged the marriage who according to them a slave girl was observed: "According to the Mohammedan Law, the law, which regulates the rights of the parties before us, the legitimacy or legitimation of a child of Mohammedan pervert..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......as it was a case of first impression. 10. Section 2(2) defines decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may b..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......hroughout the country, one class of tenants directly under the Government, which would be the sole receiver of rent payable by the tenants in respect of the lands comprised in their tenancy and their rights and liabilities would be regulated by uniform code of laws. In the present case the rent-rece..Category: Property Law | Date: | Hits: 37
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification must be refused…………....Category: Company Law | Date: | Hits: 195
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......Assistant Tahshilder O.P.W. 2. proved the relevant entries. The respondent, however, withheld his rent receipts alleging that he did not pay any rent after the preparation of the revisional record of rights. 5. The learned Subordinate Judge held that although the entries in the Register II showed..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......st be adjustable against the arrears of rent to the previous owner. The argument is fallacious. Section 109 of the Transfer of Property Act is the complete answer. 16. Section 109 provides for the rights of the lessor's transferee and it says "but the lessor shall not, by reason only of such tran..Category: Property Law | Date: | Hits: 59
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