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Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....tted that their inclusion was not at all necessary. In support of his contentions the learned Counsel relied on a decision of this Court in Civil Appeal No. 21 of 1986. 5. On the other hand, Mr. Rafique-ul-Huq, Counsel for the respondent Nos. 6 and 7, submitted that as the appel...... 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)
....enting that the company is no longer in the business and that in its place his firm has been doing the same business. Mr. Asrerul Hossain, learned Counsel for the respondents has on the other hand, contended that the company's business is not the "existing business,' but it is the resp......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 Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ty Act provides relief against forfeiture for non-payment of rent and divergent views were takes ii to whether discretion should be used in favour of a habitual defaulter. The Privy Council in Dulli Chand V. Meter Chand (1874) 12 B.L.R. 239 P.C. took the view that such relief can be given to the les......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August 1980, that is, four years after the institution...... 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. ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C.I.T. 37 I.T.R. 381; 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 Rahma...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....December 1980 Tk. 28, 00,000/- was also paid towards the costs of construction of the vessels. In violation of the terms of contract and the letter of credit appellant No 1 imported two second hand, re-reconditioned and used marine engines. Further, though according to terms of the cont......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
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....ith P.W. 2 Abul Basher was coming from Harirampur Bazar and when they reached within 40/50 yards of the hut they heard an alarming sound of crying. P.W.3 stated that as some goods were in his hand he could not hurry up. P.W. 2 took his torch light and rushed to the place of occurrence. P.W.......nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 57
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....i (1977) 27 DLR 451; Izat B. Sarkar 21 DLR S.C, 444; Subah Lai AIR 1932 (All) 393; Balaram 24 CWN 1057; Secy, of State Vs. Devendralal 38 C.W.N. PC 285; Adiluddin 5 PLR (Dae) 302; Lala Hera Chand 1942 A.I.R P.C. 64; Radhamoni 27 I.A. P,C 136; Bharat Pillai 46 IA. 285; Pillai AIR 1942 Mad. ......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. ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....according to law. A Judge may have sympathy for a litigant's suffering due to technicalities of law made by the legislature, still in view of the express legislative intention, he must follow the ''hands-off doctrine”. Otherwise chaos and anarchy would prevail leading to all sorts of complexit......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. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....arm witnesses and neighbors from adjoining huts came to the place of occurrence. She narrated the occurrence and her recognition of the accused persons to them. Some of the accused had torch in their hand. As to the grudge of the accused against her husband she stated that on 20th Bhadra, 1386 B.S. ......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. ..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... at paras 7 & 17; In re Ruttonjee & Co. vs Ltd. AIR 1969 Cal. 550 at para 2 and 85; R. Rangachari vs. S. Suppaiah, AIR I976, S.C 73 at para 6; Pasari Flour Mills, AIR 1961 Madaya Pradesh 340; Satish Chandra Banik vs. Dacca Jute Miils Ltd., PLD 1968 Dae 610. Mrs. A. Ananthalakshmi Ammal vs. Tijjin's ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....dul Islam, Advocate with him), instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Appellant. Dr. Kamal Hossain, Senior Advocate, (S. S. Halder, Advocate with him), instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 1. Civil Appeal No. 2 of 1986 (F......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record.—For the Appellants (in both the appeals). S. S Halder, Senior Advocate instructed by Ramesh Chandra Maitra, Advocate-on-Record- For the Respondent Nos. 3, 15 & 16 (in both the appeals). Not ......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
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ma [l903] A.C. 141; State v. Weatherly, 45 No. 20; Commissioner of Taxes v. Ford Motor Co. of Australia Pty. Ltd, [1941] St. R. Qd. 233; Rakhal Das Addy vs. Durga, ILR 1890 Cal. Vol. 17, p. 458; Hem Chandra Roy Chowdhury vs. Kristo Chandra Sana Sardar, AIR 1920 Cal 255 at p. 256; Rex v. Marsden (176......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. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ip with defendant No. 2 by agreement dated 26.7.74. Tenancy was terminated on 1.1.78. Since the defendant had set up a case of plantain it was upon him to prove this fact. The plaintiff, on the other hand, had given evidence, namely, by P.W. 3 whose evidence was accepted on this point by the trial......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 ..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....emented by the following decisions cited by Mr. T. H. Khan: Amir Sultan Vs Md. K Alam (1977) 29 DLR 295 AD; Maung Than V. No Pin, AIR 1934 PC 81, Hemshing V. Basant , AIR 1936 PC 93 ; Addikappa V. Chandrasekhara, AIR 948 PC 12 ; Shamsul Huq Sikder Vs Election Tribunal, (1975) 27 DLR 388; Md. Amja...... 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. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....at Baramoni gave the son of her to Amir Ali and Amir Ali took the son at the request of Raja Birendra. He served as a Pakhawala in the Rajbari. In cross-examination he conceded that the boy was no handed over at the Rajbari nor was he present when the boy was handed over to Amir Ali by Baramoni...... 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. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... the plaintiff regarding the identity of the land sold in auction nor was any objection on this ground raised before the Revenue authority or as a matter of fact before the Courts below. On the other hand, plaintiff appears to have known about the sale on the very day the auction was held and the sa......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....er if is available, and as such, rejection of his application for custody of, his son is clearly arbitrary. Mr. Karim contends that the welfare of the petitioner's son cannot be expected at the hand-of the divorced wife who may re-marry at any time. The question raised merits consideration......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 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... Cases Referred to- Jessel M. R. in Re. Stringer's Estate, page 384 L.R. 6 Chi; J. M. Singh v. Baldeo Singh. 49 I. A. 299; Currimbhoy & Co. vs. Greet, AIR 1933 (PC) 29; Abdus Satter vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Asrarul Hossain, Senior Advocate, instructed by......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
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