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Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......s to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......as admittedly a tenant of the appellants' predecessor Abdul Aziz Bepari who inducted defendant No. 2 into the suit premises without the consent and knowledge of the latter such transaction was of the nature of a sub-lease, though not binding upon the landlord who was unaware of it. No question of gi..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......rder as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ound the suit having been filed on 8.1.70, was within three years from the date of the Bainapatra and therefore the suit was not time-barred. The High Court Division repelled the contention as to the nature of the property whether it was stridhan or not inasmuch as there was no evidence as to when H..Category: Property Law | Date: | Hits: 47
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. ......costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......28 September 1986 declaring that the appellant, Chairman of a Upazilla Parishad, is disqualified both from being elected as and for holding office of, Chairman. This arises from a proceeding in the nature of quo-warranto instituted by a member of the public by filing Writ-Petition No. 141 of 1986 ..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. ......0 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. ......trial Court's finding that the accused persons committed the criminal act with the intention of causing death or causing bodily injury which is sufficient to cause the death in the ordinary course of nature. 5. That the respondents were responsible for the injuries found in the dead body of Shant..Category: Criminal Law | Date: | Hits: 62
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....d. It was viewed that a person remaining in police custody for long "it is not unlikely that a confession could be extracted from him." (d) the confessional statement of Kabiruddin is self exculpatory. This statement cannot be received in the evidence as confessional statement of an accus......d to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ...... water-hyacinth was mentioned in the F.I.R. and the most significant fact that P.W. 9 Profulla saw them in the Srimongal bazar on the previous night was also mentioned. It is a circumstance of such a nature that must come for consideration while weighing the evidence. It is stated: “প্র..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......, however, be no order as to cost. Ed. ......was any relief ever claimed against him. 13. From the facts as stated above, submissions made by the, learned Counsels and authority cited above by them, it appears that in view of the nature of tenancy of respondents Nos. 6 and 7 respectively separate considerations are re..Category: Property Law | Date: | Hits: 31
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. ......of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......o.1 formed the company discontinuing or temporarily suspending his own business, or whether, with the incorporation of the company he reserved any right to do private business of similar nature. No paper regarding the formation of the company, such as Memorandum of Articles of Ass..Category: Intellectual Property Law | Date: | Hits: 239
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. ...... the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......hat the High Court Division widely travelled into side issues to come to the conclusion that the writ is not available. 20. The learned Attorney General, how, ever, raised the point whether in the nature of these contracts a contracting party can retort to the extraordinary jurisdiction and the q..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. ......o costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......ty that possession of the land was with the Company, and thereafter, its successor, the Corporation at any time. It appears that the learned Counsel has been trying to reopen the question as to the nature of the sale-deed, Ext. 1, dated 24 August 1959. On the very face of it, Ext.1 is a sale deed ..Category: Others | Date: | Hits: 104
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. ......d. There will be no order as to costs Ed. ...... the Income of the company went up to Tk. 12,77,464/ (in 1963).The Tribunal further noticed the following features: "(i) the Secretaryship of PRS Ltd. is not the only job of this nature managed by the assessee (ii) it is the agent of R.S. & I.G.N. & Railway ..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. ......ion the appeals are dismissed. There will be no order as to costs. Ed. ......aintainable without a prayer for the relief of cancellation. It appears that the wordings of these two sections. 39 and 42, are such as to create some confusion in a casual mind about the nature of reliefs contemplated therein when a suit is brought for declaration of nullity and, or f..Category: Property Law | Date: | Hits: 86
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. ......, be no order as to costs. Ed. ......n lookout to find out the extent of the share purported to be transferred by him and to intervene if more than the real share has been transferred. He is en titled to assume that the permissive nature of fie possession has passed on to his co-owner's transferee who has now become the co-owne..Category: Property Law | Date: | Hits: 50
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. ......der as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......firmative, provisions relating to the bar of suits would be rendered, nugatory. 22. Under section 9 of the Code of Civil Procedure any Civil Court has jurisdiction ''to try all suits of a civil nature excepting suits of which their cognisance is either expressly or impliedly barred." Pakistan ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nts is set aside and all of them are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......d and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 311. ......ected Chairman by defeating two. others candidates, Fazlur Rahman and Abdul Hye and that Abdul Hye is an accused in a Criminal case instituted by Muslimuddin on the allegation of forging his signature. It is also not denied that accused Kamini had made allegation against a police officer, S...Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......der as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ndant No. 1 moved this Court and obtained special leave to appeal on the following terms:— "Mr. M.H. Khandker, the learned Counsel, appearing for the defendant-petitioner contended that the nature of the suit should be looked into. It was, not a title suit. It was more a suit foe declarati..Category: Property Law | Date: | Hits: 42
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......s allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a cl..Category: Criminal Law | Date: | Hits: 88
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 ......ssions 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 ......sions Judge to dispose of all revision cases finally. It was done for the convenience of the parties and to secure expeditious disposal of the cases. Since the Sessions Judge can now exercise the nature of the powers conferred in section 439 of the High Court Division the question is how far sai..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......eave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......ppellants and the evidence of the postmortem transaction of the doctor is that Mona Karati died due to shock and hemorrhage on account of the internal injuries which were ante mortem and homicidal in nature. Since it was proved that each of the appellants caused injuries on deceased Mona Karati an..Category: Criminal Law | Date: | Hits: 45
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. ......i J Abdul Mannaf Khan and others……..Appellants (In both cases). Vs. Bangladesh & another…………………………Respondents (In Civil Appeal No. 163 of 1983). Golam Hossain Khan…………………….Respondent (In Civil Appeal No. 164 of 1983) Judgment August 2...... nor contrary to material on record. 14. Being aggrieved, appellants moved this Court and .obtained special leave to appeal to consider whether the High Court Division had failed to appreciate the nature of the suit and the important of the sitting days nature of the suit and the importance of th..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......s to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......e the law has not made ii an unlawful bargain. Section 23 of the Contract Act provides: "The consideration or object of an agreement is lawful, unless it is forbidden by law or is of such a nature that if permitted it would defeat the provisions of any law; or is fraudulent or Involves o..Category: Tenancy Law | Date: | Hits: 65
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