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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......e Government action was based on two grounds. The first ground was based on the assumption that the Corporation was heading with grave financial crisis and it would not be in a position even to pay full salaries and wages to their staffs. The Supreme Court pointed out that the show cause notice ......ere given any opportunity to explain the activities of the Paurashava which had been undertaken by them. The Paurashava is a corporate body and as a juristic person no doubt but it acts through human agencies, namely, through the elected commissioners and the Chairman is also an elected commissioner..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ...... it remained under water for 7 or 8 months every year; that the plaintiffs, a fluctuating body of persons, had been grazing their cattle over the suit land for a part of the year over 70 years peacefully and openly, but they did not acquire any right of pasturage either on the basis of a lost gran......J.- Appellants along with respondent No. 9 instituted in representative capacity O.C. Suit No. 244 of 1958 in the 1st Court of Munsif, Kishoregonj for declaration of their right of way, right of drainage and right of pasturage on the basis of a lost grant and customary right, and for permanent injun..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......of the Government is not prejudicial to the interest of Bangladesh; (2) any property which is in possession of the Government under any law for the time being in force." Then the definition was fully considered and it was observed: "In our opinion the legislative authority while defining 'a..........Appellant Vs. Mirza Shahab Ispahani.... ...................Respondent Judgment July 27, 1987. Result: The appeal is dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......, they have become defaulters and cannot escape eviction. The appeal is dismissed…………………….(11) Cases Referred to- Ramjan Ali Mistry vs. Md Hedayetallah (1979) 31 DLR (AD) 183; Profullah Kumar Chakraborty vs. Anil Prosad Chowdhury, (1981) 33 DLR (AD) 55. Lawyers Involved: M......f Tk. 350/- payable according to English calender month. As the appellant stopped payment of rents on and from the month of April, 1973 and paid no heed to demands of the respondent and caused damage to the premises by removing water pipes, fittings, fixtures, etc. the respondent issued notice o..Category: Tenancy Law | Date: | Hits: 112
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......the final analysis can be given by the trial Court. That will enable the plaintiff to give their challenge to such documents and the resolution of the dispute can be made by the trial Court by giving full consideration to the evidence. 13. In view of the above, these appeals are allowed and the s......ge Welfare Society and registered with the Registrar of Joint Stock Company by a resolution dated 12.9.1976. This change, was effected and it was resolved that the assets and liabilities are to be managed by the new society namely, the Dhaka Lodge Welfare Society. 4. There is a two storied build..Category: Property Law | Date: | Hits: 39
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... that his tender was the highest. Even if it were the highest offer, he by that offer did not acquire any right to purchase the vessel, as his offer was not accepted by the Corporation which reserved full power to reject any offer, and no agreement was concluded with him…(12 & 16)
Cases Ref......ate Division
(Civil)
Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......equisitioned in 1965 vide L.A. case No. 64 of 1963-64 for the establishment of a Fire Brigade Head Quarter Station at Khulna Town. It is stated that the petitioner challenged the requisition unsuccessfully. Thereafter, he filed an application under section 4A (2) of the Emergency requisition of Prop......u." Possession of the said property/properties will accordingly be restored to you at ...............................................when “you are called upon to attend personally or by an agent on the spot to take delivery of possession of the property/ properties." 8. Mr.S. S..Category: Property Law | Date: | Hits: 49
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. ......ed and passed before his election but only the actual payment was yet to be made, then probably a case could have been made out to say that he got no more any pecuniary interest in the matter." I fully agree with this exposition of law and have nothing further to add. Shahabuddin Ahmed J. - T...... 1987. (From the Judgement and order dated 28.9.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 141 of 1986.) Judgment Badrul Haider Chowdhury J.-I have had the advantage of perusing the judgment of my learned brother Shahabuddin Ahmed J. I agree that this appeal sho..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......it is perverse and in disregard to the evidence on record. The learned Assistant Attorney-General has also referred to another observation of the learned Judges in the same judgment which has come in full agreement with the trial Court's finding that the accused persons committed the criminal act wi......th, the High Court Division's observation that there was doubt whether the death was due to these injuries or to surgical operations performed on the injured person, was perverse resulting in miscarriage of justice. 3. This centres round the death of one Shantu who was an employee of Pabna Al-haj..Category: Criminal Law | Date: | Hits: 62
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... Jarafat Munshi and Sara Begum and thereafter he paid rent to the new landlords at an amalgamated jama of Tk. 5/1/6 pies. The plaintiff has no title and possession in the suit land who taking advantage of the wrong record during S. A. operation filed this suit with a view to grab the suit propert..Category: Property Law | Date: | Hits: 44
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... in accepting the same. 11. Before parting with the case it must be mentioned that the Court appreciated the gesture of Mr. Abdul Malek, who in painstaking manner submitted the case in full perspective and assisted the Court in coming to the conclusion in accordance with law. Th......shy;tiffs had been protected in the solenama or not. It was noticed that the solenama contained signatures of all the plaintiffs. It was observed: "There was no allegation at any stage of the miscellaneous case that the interest of the minor plaintiffs were not protected in..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......ion 35A in the same way as the Schedule I of 1960. He has pointed out that when Schedule I of 1960 was replaced by Schedule I of 1981 section 35A was not deleted which means that the Legislature with full knowledge of the existing laws on the subject replaced the Schedule of 1960 by the Schedule......chedule. 2. Respondent No.1 filed a Money Suit (M.S. No. 186 of 1978) in the 3rd Court of Subordinate Judge, Dhaka, against the appellant and others claiming a little over Tk. 35,00,000/- as damage due to short delivery of commodities and got a decree against the appellant for Tk. 15,39,300/..Category: Procedural Law | Date: | Hits: 124
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......stated that he had picked up the torchlight of Elias which fell down being struck by his lathi and that it was recovered from him when he was caught by Toyeb and others. This statement, in details, fully agrees with the facts established by evidence of the witnesses on dock, It may also be mentio......ction 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna district. On 5-9-79, at about 8-30 P.M., while he was re..Category: Criminal Law | Date: | Hits: 62
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. ......this clause it cannot, in my opinion, be divested except in due course of law. If no exception has been made in the law itself, either simultaneously or even subsequently, such vesting confers full ownership of the property in the Government or in whomsoever is mentioned in the Act. Vesting,......erest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. Umesh Chandra Chowdhury died leaving respondent Nos. 2-6 as his heirs. 2. App..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. ......prepared and published in contravention or violation of the provisions and spirit of Article 18(a) of Bangladesh Biman Corporation Employees (Service) Regulation, 1979. c) For a decree for full costs of the suit against the defendants and in favour of the plaintiffs, d) For a decree ......nt No. 4 joined on 6th June 1978. Respondents claimed to be the first batch of the Senior Account Assistants who were appointed on regular basis. Previously, such employees were appointed on daily wage basis. Eleven of such daily wage employees were absorbed on permanent basis before recruitments ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... No. 1 Lalu under section 302 and respondent No. 2 Kabiruddin under sections 201 and 202 of the Penal Code after considering the following circumstantial evidence: (i) P.W.3 Hafsa Khatun is a woman of means. After the death of her husband Ashabuddin she married Jamat Ali, the father of the a......ected that Ashraf had been murdered. The informant at once ran to Srimongal to inform the police and on his way he met Vice-Chairman Fazlul Haque and narrated the occurrence to him. At that time Profulla Kumar Das (P.W. 9) came there and said that on the previous night he had seen the deceased goi......war Singh vs. State of Jammuand Kashmir AIR 1973 S.C. 102 (104); Pritam Sing vs. State of Punjab AIR 1956 SC 415; R Vs. Jagrup (1885) ILR 7 All 646; R Vs. Saotya Bandhu (1909) 11 Born LR 633; Aghnoo Nagesia vs. State of Bihar AIR 1966 S.C. 119 (123); Bhagwan Singh Rana vs. State Haryana AIR 1975 SC ..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......ing the tender places an order for supplying, say, for ten thousand chairs and the supplier agreed to do so—a contract is entered into—there is offer and its acceptance, backed by obligation. A full-fledged contract come into existence. Here the Government functions in the capacity as a trader......pellant challenged the impugned order by filing a Writ Petition and the High Court Division while dealing with the case considered number of submissions which would be considered at the appropriate stage and ultimately came to the conclusion that a contractual right could not be enforced by invoki..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......nies; (iv) it is the manufacturer of Tarpolin, (v) handler of coal to Pakistan Tea Association; (vi) Supplier of Limestone to Assam Bengal Cement Factory and Karnafully Paper Mills. (vii) Servicing Tea Garden Machineries. In this view it w......urt Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount o..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ......s having been prayed for in that suit, which was for both declaration and cancellation, this view was expressed as an obiter; but two out of the five Judges constituting the Full Bench did not fully share this view of Sulaiman, CJ. In a subsequent case Sri Krishna Chandra V. Mahabir Prashad ......does not appear to be tenable, for even if the prayer for further relief was not included in the plaint the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest o..Category: Property Law | Date: | Hits: 86
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts. Its importance also as offering the background preceding the assault resulting in his death cannot, therefore, be so easily minimized. 20. To discredit P.W.1 it has been stated that she was a woman of bad character and in the night of occurrence she was not present in the hut, otherwise, why......This is so far as the incidents which took place at or round the place and time of occurrence. Some reference to the background against which the incident took place, may; however, be made so as to fully understand the significance of some past events leading to the occurrence. It appears that t......a, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and Amena Khatun in the west bhiti hut in village Agarpur Temnipara, P.S. Kuliarchar the accused persons entered the hut by opening the eastern ..Category: Criminal Law | Date: | Hits: 56
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