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Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....by special leave. The question raised is whether the High Court Division ought to have made an order of remand in the interest of justice as prayed for by the appellants. 2. Md. Hamed Ali, predecessor-in interest of respondent Nos. 1(ka) to 1(chha) filed partition Suit No. 61 of 1972 in the Fir......ade in the written statement are not evidence, that defendant No.2-7 having taken no step to connect their documents with the written statement case by examining any witness the courts below were not called upon to express any opinion merely upon the recitals of those documents and that in the absen......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....th 1987. The Code of Criminal Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a......ns for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry was filed in this case nor was any salish called for. Not even a petition of complaint was filed in Court against the accused appellants. Betw......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
....ndents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right means a right that has just begun but not yet developed into maturity. Protection of inchoate right of the tender may be sought when any other tender is, accepted in violation of the conditions of the tender forum. The ap......erms of the Tender notice it is liable to be rejected whereupon the appellant’s offer being valid and next highest, he has got the right to purchase the vessel. This right is, in legal terminology, called "inchoate right" which may be protected by an injunction. In support of this contention the l......ade out justifying cancellation of he tender of respondent No.4.
15. Mr. Rafiq-ul-Huq next contends that this vessel is unique in its nature and is the only one available in Bangladesh and as such loss of the appellant cannot be compensated in terms of money. Mr. S.R.Pal, learned Counsel for resp..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....justice. 7. The learned Counsel placed before the court the notice in "Form umo”. This notice is under Rule 10(1) of the Requisition of Property Rules 1948 for the purpose of ascertaining the person or persons to whom requisitioned property on release is to be restored. This notice was issued o......de-requisitioned, nothing further was done and no enquiry was either held as contemplated by rule 10(2). Therefore, it cannot be said that any right had accrued to the appellant which should not be recalled. Earlier order of the Government could be modified and recalled for which no exception could ......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 ..Category: Property Law | Date: | Hits: 49
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....t Judgement July 5, 1987. Result: The appeal is allowed. The Penal Code, 1860 (XLV of 1860), Sections 302/109 and 148 Considering all this unpractical and impossible things any reasonable mind must at once re-act to the apparent unreality and artificiality, of the whole prosecuti......in and others ran away to their homes and reported to Jamshed's wife Khodeja Bewa (P.W. 15) about the incident. 5. The miscreants took Jamshed and Mobarak to the other side of the river at a place called Char Khidirpur. There Mobarak was kept at a place while Jamshed was taken away at some distan......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....the facts and circumstances of the case the High Court Division correctly refused to interfere with the order…………………….(13 & 14) Cases Referred to- Narasimha V. Sengodi AIR 1955 Mysore 79, Padam Sen and another V. State of U.P. AIR 1961 (SC) 218, Institution of Engineers V. Bishu......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......der section 115 of the Code with an order passed exparte for inspection and inventory of account books as they were materials on record that the court was satisfied that there was a case for imminent loss and prejudice to be suffered by the plaintiff by the act of defendant. 12. In Nitindra Nath ..Category: Civil Law | Date: | Hits: 94
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of that property. Defendant No. 2 and father......idence Act which provides as to the mode of proof of the execution of document required by law to be attested and the law is that it shall not be used as evidence until one attesting witness has been called for the purpose of proving execution if there be an attesting witness alive and capable of gi...... registration. 27. Ihtesham Ali Vs. Jamna Prasad and others 48 I. A. 365-AIR 1922 (P. C.) 56, it is held that in ordinary cases, if the witness in whose custody the deed should be, deposed to its loss, unless there is some motive suggested for his being untruthful, his evidence would be accepted..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....nt and order passed by a single judge of the High Court Division, Dhaka, in Civil Revision No. 234 of 1983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopal...... sides and the learned Munsif found that the solenama was not genuine and accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants to......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. ..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... Manager of the Sonali Bank, Malibagh Branch, in which both the company and the respondent-petitioner had Accounts, temporary loans were raised by the bank manager for the company from different persons including the petitioner and for that purpose a signed cheque-book along with a signed letter-......arties including the bank manager and partial admission of the claim as well as tie admitted signatures of the company's managing director in Exts. A, B and C, it seems no interference is called for at this stage. But though it has been admitted the company court got necessary power ev......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....lbir Singh vs. State of Punjab AIR 1957 S.C. 216; Rajindar Kumar and another Vs. State of Punjab AIR 1966 S.C. 1322; Shivji Geni Mohiti vs. State of Maharashtra AIR 1973 S.C 55; Thimma vs. State of Mysore AIR 1971, S.C. 1871 (1877); Datar Singh vs. State of Punjab AIR 1974 S.C 1193 (1201); Prakash M......to live in the house of Ashabuddin. On 2nd May, 1976 the deceased went to Hafsa's house in the afternoon. (ii) P.W.3 Hafsa stated that on the day of occurrence at about Magreb time the two accused called her husband away for going to Srimangal town, she told that as the accused used to manage her......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
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....d." in June 1985. The business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms including Tandy and IFM and also in imparting technical education and training in computer science and technology. The company go......d. v. The Manchester Brewery Company Ltd. (1899) A.C 83. There the Manchester Brewery Company Ltd. had carried on business under that name for years. The appellant bought an old business called "the North Cheshire Brewery Company Ltd." and then got this incorporated and regis......already referred to above. The learned Judge there observed that "in a suit for injunction the court can grant relief in the alternative by way of damages even if the plaintiff has not alleged loss or damage." This may be possible in appropriate cases, but in the case before us we do n..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant ...... mala fide view was responsible for patting the impugned order. 38. Since it has been already found that the lease was granted to the appellant which is a co-operative society of a class of people called Matshajibi Samabaya Samity and the Government policy, which is not disputed by the Attorney G......leased away a part of the fishery, in respect of plot No.3, giving it a different name, Maihla Beel, for the period from 1391 B S. to 1393 B.S., to a different person causing thereby serious harm and loss to the appellant. Thereafter the Additional Deputy Commissioner initiated the present proceedin..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....1; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman Co. Ltd. 1980 B.T D. 242; C.I.T. vs. Vazir Sultan & Sons 36 I.T.R. 174; Kelsall Parsons Co Vs. I. R. 21 TC 608; Barr, Crombie & Co. Ltd., Vs. IR 15 ITR 56; CIT vs. South India P......to be a revenue receipt. The view was taken that the assessee was a selling agent and that was his profit making enterprise. The agreement in question had only a year more to run and though the sum called compensation was "really and substantially surrogatum for one year's profits." ......muneration in the normal course of the business as per clause 5 of the agreement date 31-12-60. 8. In a well-considered judgment the Income Tax Appellate Tribunal noticed that the loss of Secretaryship did not affect the income earning apparatus of the company at all. It ap..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... (Payment for engine and other related fittings shall be made either (i) by establishing bank to bank L/C. or (ii) by rebursement of actual amount after procurement). Sponsors will pay their portion directly to the Builder as per schedule. Payment by BSRS in each ......er Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of Di......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....ecy, of State vs. D.L. Khan 61 I A, 78 (P.C) =38 C.W.N. 285; Maharaja Srischandra Nandy vs. Bajjnath Jugal Kishore 39 CW.N. 352 (P.C.); Corea vs. Apuhamy A.I.R. 1914 P.C. 243; Culley vs. D.D. Taylerson 11 A & E 1008(1840). Lawyers Involved: S R, Pal, Senior Advocate, M. H. Kho......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. ......efendants in this suit. 28. As it appears clearly, a review of the evidence is necessary to determine the real question involved in this appeal, particularly when it centers round loss of title by adverse possession which is itself a mixed question of law and fact, the first poi..Category: Property Law | Date: | Hits: 50
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modifications of the orders passed by the learned Company Judge for resolving the matter, such terms of agreement are accepted and order of the learned Company Judge is m...... Before exercising the powers conferred under section 79 (3), the Court must be satisfied that it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agr...... section 76(3) of the Companies Act for a direction to hold the first Annual General Meeting of the Company under the Chairmanship of a neutral person and for placing its balance-sheet, profits and loss accounts of the Company before the meeting after having the said audit report: by M/S. S.F. Ahm..Category: Business or Commercial Law | Date: | Hits: 111
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....f a newspaper can be done as much by the Additional District Magistrate as by the Divisional Magistrate under section 12 of the Act. By virtue of the definition an Additional District Magistrate is also included in the term District Magistrate. The Code of Civil Procedure, 1908 (V of 1908),......e Criminal Procedure Code, which provide: “10.—(1) In every district 5[outside 2[a] Metropolitan Area] the 3[Government] shall appoint a Magistrate of the first class, who shall be" called the District Magistrate. (2) The 1[Government] may appoint any Magistrate of the fi......cluding 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
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ich they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they have purchased the land and had taken lease of some of the property and they had been in possession without any interruption and growing paddy. In ......n in exercise of his powers under section 439A. 7. The points need investigation. Section 439A (1) is in the following terms:- "In the case of any proceeding the record of which has bee n called for by himself or which otherwise comes to his knowledge, the Sessions Judge may exercise ......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 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....it is the date which should be reckoned as the starting point of the trial. The High Court Division committed no error in holding that there was no illegality in the trial without the aid of the assessors as because the trial started after the provision for assessor was withdrawn…………(8 & 10)......m Ordinance 1978, (XLIX/78); here, in after referred to as the Ordinance, came into force with effect from 1.6.79. By this Ordinance, Chapter XXIII of the Criminal Procedure Code, hereinafter to be called the Code, providing for trials before Court of Session has been substituted. Section 268 of...... 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 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....t Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittings. The Court has no autho...... newly established hat was the only logical thing that should have followed the forfeiture. However, since the local authority's action under Ordinance No. 19/1959 as amended Act 12/67 had not been called in question at the right moment, and the Salimabad hat is running under management of the Gov...... which hat was older." 75. Relying on a decision reported in PLD 1960 (Karachi) 908, it was held: “It is not for the Civil Court to correct errors of judgment of even the Revenue officers for loss the Executive officers in the exercise of purely Executive powers" and in this view of the matt..Category: Property Law | Date: | Hits: 202
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