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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. ......tely emphasising certain points, particularly the question of law relating to acceptance of inculpatory part of a confessional statement by rejecting its exculpatory part, keeping in view the general principle that a confession should be either rejected or accepted as a whole. 40. Facts of the ca......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ......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. ..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. ......the writ petition, the addition of the aforesaid respondents was neither necessary nor proper. The discretion it is submitted has been wrongly exercised, not in keeping with the well-settled principles as to addition of parties." 4. Mr.T.H. Khan, Counsel for the appe...... claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka 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...... 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. ..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. ......tion is that nobody is entitled to represent his goods of somebody else. Foundation of a passing-off action is always deception or possibility of deception, Beaumont, C. J. has elucidated the principle of pasting-off in his decision in the case of K.M. Multani vs. Paramount Talkies AIR 1942......ent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Company Matter No. 21 of 1986 pending before the High Court Division, 2. The application for winding-up the company was filed by re......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. ..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. ......e is a breach of any statute or rule the same can be remedied by Invoking writ jurisdiction. Even if any discretion is left la the statute such discretion must be exercised In accordance with settled principles and not arbitrarily. 30. Mr. Ishtiaq Ahmed traced the historical background of the nat...... the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed ...... this dispute settled by giving the lessee an opportunity to show that he actually paid the rent. If any dispute is raised as to interpretation of any term of the contract or lease agreement upon the determination of which the question of alleged breach of the contract depends, then that dispute sho..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... reliance is placed on Mohammad Abdur Rouf vs. Ahamuda Khatun 33 DLR (AD) 323. 6. We do not find any substance in these contentions. In this facts and circumstances of the case the principle laid down in Md. Jebed Ali and others V. Rakhal Chandra Mondal and others 33 DLR (AD) 30...... Lawyers Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.8......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......sperately urged that there is no requirement of law that the settlement of a deity's land by a sebait can only be made for legal necessity for the deity. A bold attempt, indeed, to unsettle a principle of Hindu law settled by a long line of decisions. 6. In Hunooman Persaud Pand...... M.H.Rahman J.-The respondents, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The pl......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
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. ......hen viewed in the light of relationship. Mere non-payment of rents and even non-sharing of profit would not justify a case of adverse possession. 19. It is not necessary to recapitulate the principle that has been laid down on the law of adverse possession by the highest authority. I......urt Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the sui......roperty was held to be a co-sharer and is entitled to pre-emption under the North Western Frontier Province Pre-emption Act. In Balaram Vs. Shyamcharan, 24 C.W.N 1057, a similar question arose for determination by the Calcutta High Court, and it was held that the possession of land, under common..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. ......orts of comÂplexities and confusion. Whatever the legisÂlature says, unless it is contrary to the Constitution, its mandate, either express or implied, has been obeyed by Court. We are aware of the principle stated by the Judicial Committee of the Privy Council in the well-known case of Secretary ......t 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 respect of acquisition under the Act and the appellant took advantage of......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. ..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. ......€¦â€¦â€¦.Respondent Judgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not requ......0th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 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 ......ements of prosecuÂtion witnesses given in examination-in-chief have been virtually reproduced in the judgÂments and accepted without making searching examination of the evidence In a criminal trial determination of a disputed fact is the main task before the court and such determiÂnation is depen..Category: Criminal Law | Date: | Hits: 56
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. ......it, (the number of Shebaits being eleven). He referred to Mulla's Hindu Law, Article 419, 8th edition. This Article, namely, Article 419, deals with devolution of office of Shebait. Quite a number of principles are stated therein which regulate such devolution. The question raised in this appeal doe......testing 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 claim or resisting this consequences arising from the agreement……(12) ......The question raised in this appeal does not, however, relate to such devoÂlution, either directly or indirectly. Principles stated either in Mulla's Hindu Law is not in dispute. 18. The point for determination in the present case is whether the failure to implead all the Shebaits has made the s..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......wn and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂmes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot ......re keeping undisturbed the results of the two other Polling Stations 10 that those result could be added to the result to be obtained from the fresh election in the disputed Polling Station for final determination of the question at to election of Chairman of the Union Parishad. 4. This order of ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... it is susceptible of being avoided for a techniÂcal fault"—Cornelius CJ. "This section, (148) it is now well set lied, does not apply where the period is fixed by a decree, ....The principle upon which it has been so held is that since a decree formally puts an end to a suit the...... the amount due from him against preÂemption money already deposited under subÂsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determiÂnation in the trial Court. It is now too late to ra......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......under Section 12 of the aforesaid Act. Lastly, he mentioned that the impugned order was also liable to be struck down for want of show-cause notice, that is, for the violation of the long established principles of natural justice. 8. So far as the fact of declaration and authentication of the wee...... The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14......Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
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 ...... the instant case and the argument raised in that-case being the same as in the present case albeit on the basis of section 6 of the General Clauses Act, it will be useful to notice at this stage the principles and consideration which weighed with the SuÂpreme Court in holding that the trial withou......sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the......de. The argument was based on sectÂion 6 of the General Clauses Act. The Court upon noticing the general principles conseÂquent upon amendment of laws observed that the real question that falls for determination is whether the new law manifests an intention to affect pending cases and, if so, to w..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. ...... context of the right of franchise legally recognised and cognizable by a Civil Court and further, whether the right of franchise could be interfered with by any executive order without following the principles of natural justice and also whether the concurrent finding of facts could be interfered w......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga...... XII of 1967. The O.Ps. contention is that the hat is not a new one and it is just extension of the; "Chandganj" Salimabad hat (old hat). Due to erosion it has been shifted to mouza Salimabad, Points determination is that wheÂther the hat established in mouza Salimabad is a new one or an extension ..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. ......a persona designata, the maxim Dasignatio unius est exclusio alterious at expressum facit cessare tecitum' is applicable; in other words, if one person is specified, another is excluded on the principle 'hat what it expected makes what is only understood to give way." 13. Having referred ......d Rangpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is avaiÂlable to a person for challenging the order passed by......gpur in Writ Petition Nos. 1, 13, 109 of 1985 and Civil Revision No. 105 of 1985 respectively.) Judgmen Fazle Munim CJ. - In all these appeals the common question of law which has arisen for determination is what procedure is avaiÂlable to a person for challenging the order passed by the ..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. ......brought out. The trial Court as well as the appellant Courts below discarded the defence case and decreed the suit. The Appellate Division on correct analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed t......tan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: The appeal is allowed. Plaintiff-responÂdent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further ......on plaintiff's own showing such declaraÂtion namely, that Khorshed is of unknown-parentage cannot be made as that in contrary to law nor the second prayer can be allowed which calls for objective determination of fact by the statutory functionary and as such the plaintiff has to be non-suited. ..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 ...... and it was a mere mistake in drawing up the decree. 18. In R.M.K.R.M. Somasundaram Chetty vs. M. R. M. V. L. Subramaniam Chetty reported in AIR 1926 (PC.) 136 the Privy Council re-itÂerated the principle as follows: "The only cases in which the Court can interfere after the passing and...... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......hall agree wife the judgment; it shall contain the number of the suit, the names and descripÂtions of the parties, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit." 12. Mr. M. H. Khondker argued that the Appellate Court below was palp..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ......ion 6 of the Act renders a revenue sale void was not decided SB that case, the facts Involved therein being diffeÂrent. The decision in the latter case decided by Chowdhury J, however, turned on the determination of this question it, however, and appears that for the determination of this point ref..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......nd the only question for determination is whether appellant or responÂdent No.1 is entitled to the custody of the person of the minor boy. 8. Mr. Fazul Karim, Appellant's Counsel, referred to the principles of Muslim Law regarÂding the custody of the person of minor children, male and female, a...... Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is ......take all necessary care, both medical and otherwise. So, the allegations of cruelty, irresponsibility and neglect made against her are false and malicious. In this background the only question for determination is whether appellant or responÂdent No.1 is entitled to the custody of the person of ..Category: Family Law | Date: | Hits: 152
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