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Haruni Fisherman CoÂoperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requirÂing any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Â Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......mo No. VII-Habi-13/85/1044 dated 29.6.85 in favour of Haruni F.C.S., is hereby cancelled and the stay order passed under this Ministry's Memo No. VII-Habi-13/85/1059 datÂed 1.7.1985 is vacated action may be taken acÂcordingly SD/-Md. Siddique, 28.9.85 Sr. Scale Section Officer. ..Category: Property Law | Date: | Hits: 34
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
....In view of the discussion above, the appeal is found to be without substance and accordingly disÂmissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ......though the application for pre-emption was filed in 1964 the trial court rightly held on the basis of reported cases that the proceeding was to be decided under the Bengal Tenancy Act as the cause of action arose in the case before part V of the State Acquisition and Tenancy Act came into force. So,..Category: Procedural Law | Date: | Hits: 92
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ...... savings.- (1) The GovernÂment Servants (Discipline and Appeal) Rules, 1976, are hereby repealed. (2) Such repeal shall not affect the previous operation of the said rules or anything done or any action taken thereunder, and any proceedÂings under the said rules pending at the comÂmencement of..Category: Employment/Service Law | Date: | Hits: 112
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....medy e.g. by suit and the writ petition was inappropriate. In the result, therefore, this appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 196 ...... proceeding under section 145 Cr.P.C. the defendant was found in possession. In that context it was observed: "Their failure in those proceedings led in fact to the institution of the present action in August 1914. The onus thus lay heavily on the plaintiffs to show that the defendant wa..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......d free of rent after realising capitalised value of Government Revenue or rent should be assessed to fair and just rent as provided in SecÂtions 23 and 26 of the E.B.S.A. and T. Act, 1950. Necessary action may please be taken acÂcordingly needless to say such persons CompaÂnies or Firms will rece..Category: Property Law | Date: | Hits: 47
....€˜B’ to the writ petition) has been passed without lawful authority and is of no legal efÂfect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......ons to be substantially correct: he recommended for immediate cancellation of the appellant's license which was by the Superintendent of Police and the Deputy Commissioner, Bagerhat was about to take action but the Martial Law authorities-asked him not to proceed in the matter as they were taking up..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....Âseded the Municipal Corporation of Nagpur by order dated 29.9.65. On 21.7.65 the Government issued notice to the Mayor of the Corporation to show cause why the Corporation should not be superseded. Cause was shown and thereafter the Government passed the impugned order. This was challenged beÂfor......ava a corporate body which is elected by direct adult franchise cannot be superseded without giving an opportunity of being heard to the elected commissioners. They must have an opportunity before an action is taken. Section 133 contemplates an enquiry and sub-section (2) the enquiry officer shal..Category: Election Law | Date: | Hits: 118
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of apÂpellant No.1 Amar Kumar Thakur is, however, disÂmissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......earned counsel for the State submitted that this evidence shows that the appellants shared the common intention to cause the death of Nanda Lal and Amar (appellant No. 1) executed that intention into action and thus all of them were rightly found guilty. We do not agree, beÂcause, in our opinion, t..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plainÂtiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......iÂsion. 8. In Mercer v. Denne, [1904] 2 Ch. 534 cerÂtain fishermen claimed a right to spread their nets and to dry them on the beach of a private owner at all times reasonable for fishing. In an action for a declarÂation of their right in terms of the custom and for in-junction it was urged by..Category: Civil Law | Date: | Hits: 113
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. 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: 40 DLR (AD) (1988) 89 ...... is stated my client has decided to terminate your tenancy at the premises, in Schedule below on the expiry of 30th September, 1974. 19. In the plaint in paragraph 7 it is stated that the cause of action for the suit" arose on all dates of demand for vacant possession of the premises in schedule ..Category: Tenancy Law | Date: | Hits: 109
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......k-fruits belonging to one of them, namely Fazal, and that when the charge was denied by Khijir he was tied down with a rope, assaulted and dragged to the local Member, Azizur Mondal, for necessary action. When Azizur Mondal refused to do anything in the matter Khijir was dragged further and brou..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed 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. ......-46" brought, this matter to the notice of the Commissioner of Excise seeking justice and fair play. This letter bore an endorsement of accused No.1 bearing the date "21-11-46" to the effect that "No action necessary File". This letter was not kept in the appropriate File but was discovered in Augus..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. ......filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell the aforesaid property. Appellant succeeded in obtaining a Rule Nisi..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. ......t;passing-off" in that not only the two names, Ciproco Computers an Ciproco Computers Ltd., are almost exactly similar, very likely to deceive the public, but also respondent No. 1 by specific action diverted away the company' customers mis-representing that the company is no longer in the ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......two Upazilla. The lessee was granted of Baralekha Upazilla while the Kulaura Upazilla started claiming that part of the fishery falling within, its jurisdiction. Mr. Ahmed frankly conceÂded that a fraction of the fishery might fall within the jurisdiction of Kulaura Upazilla but it was such a negli..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 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. ......ted from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale but was a mortgage, that he did not sell the lan..Category: Others | Date: | Hits: 104
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 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. ...... be available to the plaintiff except by a separate suit under section 39 of the Specific Relief Act; (in) whether the proposed amendment will change the character of the suit and its cause of action; and (iv) whether such amendment if allowed will militate against the law of limitation. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum 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. ......r Rahat had married his father's sister and his answer was in the affirmative. But even if Rahat had married Alfazuddin's sister, there is no evidence that the marriage took place before this transaction, for if he bad married after he attested the Transfer Deed then he had no reason to suppress..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 disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in..Category: Property Law | Date: | Hits: 48
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. ......The Appeal is 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 maki..Category: Criminal Law | Date: | Hits: 88
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