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Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......of two different Divisions of two different Ministries having no binding force under any law. The original view of the appellant contained in Annexure E was abandoned by the appellant itself which fully supported the Taxes Appellate Tribunal’s newspaper advertisement dated 25-12-92 and def......ermanent Benches of Taxes Appellate Tribunals at Dhaka. Chittagong and Khulna for various posts, two of the conditions being that on the 1st January, 1993 the applicant’s minimum and maximum age should be 18 years and 30 years respectively and that the retrenched employees of the erstwhile..Category: Constitutional Law | Date: | Hits: 161
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... to undesirable response from her helm. Finally, she was refloated using two tugs and her engine and was re-anchored at S-4. The accident caused damage to the rudder and rudder stock and as she had full cargo on board the hull was badly damaged. She went out of commission altogether. There was no...... by the High Court Division in Admiralty Suit No. 9 of 1988). Judgment: Mustafa Kamal J: The measure of indemnity in respect of claims for unrepaired damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the centra..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ...... it has to be alleged specifically since when the default has been made. In the present case the plaintiff is admittedly a purchaser from the original landlord and on his own statement he acquired full title in the suit premises, if not on 1-4-1985, but certainly not before 9-2-1984. There is n......between them. The defendant is an unauthorised occupant and liable to be without any notice. 3. The suit premises is required by the plaintiff for his own use and occupation, two sons are engaged in business. The refused to vacate the suit premises in spite of several requests made on the ..Category: Property Law | Date: | Hits: 52
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ceptance of his nomination paper by the Returning Officer, respondent No. 4, as a candidate in that by-election was without lawful authority and is of no legal effect, as he was less than 25 years of age on the date of submission of the nomination paper on 1-1-95. 2. As per election schedule, not..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....bala was registered in her favour. When the appellant gave birth to a male child only 7 months and 15 days of the marriage a suspicion arose in his mind that the child was not his. The appellant is a woman of easy virtue and the respondent divorced her on the 3rd Falgoon, 1379 BS and a Talaqnama alo......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......money of Taka 250.00 and maintenance at the rate of Taka 500.00 per month for 11 years 1 & 1/2 months which comes to Taka 66,750.00 in total Taka 67,000.00 and for a decree of dissolution of marriage. By judgment and decree dated 3 1.5.86, the trial Court decreed the suit for Taka 30,287,50.00 r..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......mps were supplied on the basis of a contract and there was absolutely no entrustment of the amount allegedly misappropriated that the work order was given to him as he was the lowest tenderer knowing fully well that he was not the agent of EMU pumps manufacturer and that he purchased the pumps from ......Ltd. gave an estimate for the supply of English made Sumo pumps at a cost of Taka 29,45,760. 6. M/s Iqbal Engineering Works thus became the lowest tenderer again but as the firm was not the local agent of EMU pumps and as Bashir & Co. (Pvt.) Ltd. was the local agent of that company the suppl..Category: Anti-Corruption Laws | Date: | Hits: 92
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......r of Property Act, 1882 (IV of 1882). or the Contract Act, 1872 (IX of 1872), no order or decree, for the recovery of possession of any premises shall be made as long as the tenant pays rent to the full extent allowable by this Ordinance and performs the conditions of the tenancy: (1)………......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......corporated under the Companies Act. The authorised capital was Taka 20 lakh divided into 20,000 shares of Taka 100.00 each. Subscribed capital consisted of 500 shares of Taka each fully paid-up. Except deceased Tofayel Ahmed who owned 200 shares, all other share-holders held 100......t of jurisdiction, power and authority of, the Supreme Court of Bangladesh are hereby repealed.” 21. Maxwell says in his book, On the Interpretation of Statutes (12th Edition) at page 18, “When an Act is repealed, any delegated legislation made under the Act f..Category: Business or Commercial Law | Date: | Hits: 118
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......Chittagong on board the vessel MV Fong Yun. The appraiser assessed the customs duty on the goods at the rate of 100% on the imported value on the ground of under invoicing. The petitioner unsuccessfully made a representation before the Assistant Collector of Customs and further to the Collector ......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......aintiffs. As a result of discussion between the plaintiffs and the Bank it was agreed between the parties that the industry would be restored to the plaintiffs on payment of Taka 1,54,12,000.00 in full and final settlement of all claims of the Bank. Accordingly, the plaintiffs submitted two cheq...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......fence that might be taken on behalf of the accused and to prove that none of those defences would be of any assistance to him. The principles laid down in Woolmington's case are applicable with full force in Pakistan in spite of the provisions of section 105 of the Evidence Act." ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......eference No. 10 of-1970 made by the Sessions Judge, Jessore is also disposed of by his judgment. 2. The case of the prosecution, briefly stated, is as follows: Parashullah Fakir lives in village Singia, PS Narail, Jessore. Afsar and Iman are two soas of Parashullah Fakir. Iman died about ..Category: Criminal Law | Date: | Hits: 62
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......onviction on both these counts. But in a latter case heard by a Division Bench of this Court in the case of Amir Hossain Talukder and others vs. Crown, 9 DLR Dacca 71 it has been clearly held after full discussion that convictions and separate sentences for grievous hurt and unlawful assembly wi......ss-examination that he went to the locality and saw the kalai land of the accused Safar Ali to the north west of PO at a distance of 150 cubits and also saw the kalai crops of the said land in a damaged condition. The petition of complaint was filed 7 days after the occurrence and it was then for..Category: Criminal Law | Date: | Hits: 69
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......gu Miah, Syed Mohd. Wahed and his son Syed Idris Ali did not inherit anything. 5. The defendant further alleged that immediately after the marriage of the plaintiff his father-in-law having fully realised that the plaintiff had no title and interest in the land of schedule 1 got a land pu...... 3. The further case of the plaintiff was that at the time of death of Syed Mohd. Idris Ali the plaintiff was an infant and the defendant No.l was major and naturally he looked after and managed the properties left by Syed Mohd. Idris. The tenanted lands of Syed Mohd. Idris, however, have..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......assertion that the opposite party Maniruddin Biswas disclosed to the pre-emptor Bijan Bala's husband about the sale and possession. They asserted that both Bijan Bala and the two co-applicants were fully aware of their purchase and the factum of their physical possession from long before the fil...... Birendra Kumar Biswas, who was in possession of a share in the properties. They further asserted that since their purchase of the entire 13 as, interest of Anil Kumar who is now 22 or 23 years of age, they are in possession to the knowledge of the applicants. They denied the assertion that the ..Category: Property Law | Date: | Hits: 47
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......n by the doctor PW 5 for holding the view that the injury was homicidal are so strong and reasonable that it rules out the possibility that it could also be a case of suicide. The doctor PW 5 was fully aware of the fact that it was difficult to differentiate between suicidal and homicidal woun......ffect. The question is whether this wound was homicidal or suicidal. Mr. M Ghulam Rabbani, the learned Advocate appearing for the appellant has drawn out attention to the following observation at page 243 of the 12th Edition of the "Text Book on Medical Jurisprudence and Toxicology" by..Category: Criminal Law | Date: | Hits: 124
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ing in position and fitting and fixing double Tarja diagonally woven single layer matting as per direction 3,17,000 sft. at Rs. 22/- per sft. 2. Supplying 2-1/2" to 3-1/2" dia full bamboo walling pieces including fitting, fixing complete excluding cost of nail 3640 sft. at ......y been undertaken and most of the work had already been completed. It was further pointed out in this letter that the plaintiff would suffer heavy loss if the rate is unilaterally changed at that stage. The plaintiff accordingly refused to accept the rate as per modified order and protested this ..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......however, shall pay careful attention to these and similar other questions inasmuch as they are important relevant facts bearing upon the nature of the enquiry. Moreover, both the parties will be at full liberty to adduce such evidence as they choose in support of their respective cases. 8....... she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was no person Jagadish by name at village Lakshmipasha and that she never settled the disputed land measuring 7.56 acres appertaining to ..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
.... compelled by her husband to make that false statement and that she was not abducted by accused Golam Kader. The statements she has made before the two courts below show that she is an unscrupulous woman and has no respect for truth, -Her shameless conduct and character as revealed in this case ......cized by Court) On consideration of the reasons given by the learned Sessions Judge in preferring the earlier statements of PW 4 it appears that the learned Sessions Judge failed to carefully scrutinise the two conflicting statements in relation to all other evidence and circumstances......g with two co-accused (since acquitted) and others, being armed with a gun and other deadly weapons, entered the house of the complainant Abul Hossain and forcibly took away his wife Sharifunnessa aged 24 years and carried her to the house of the appellant and confined her inside a room and the ..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ...... injured workman. In a case under the WC Act the primary duty of the Court is to find out whether the disablement is total or partial. In other words, the result of the injury would be clearly and fully considered and it should be found out whether the same produced a result of permanent partial......fit for active physical work. The appellant, therefore, contended that the accident inflicted permanent total disability upon him and as he was drawing a salary of Taka 128.62 paisa as his monthly wages, so according to the calculation authorised under the Workmen's Compensation Act, 1923, he lod..Category: Labour and Industrial Law | Date: | Hits: 118
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