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.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......2-12-86 of respondent No.l 100% cash offer was invited, but offer of respondent No. 4 was on "both cash and credit", and secondly, it was conditional in that maintenance cost of the vessel during the period from conclusion of contract till delivery of the vessel was to be paid by the Corporation, wh..
Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....that the property will be sold to S.M. Ismail at a consideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the posses......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......4) that from the month of July, 1960 to May 1976 the plff. through her Karmachari realised only 16 months' rent on the month next following from the deft, and his son, and the rent from the remaining period was realised for 2-6 months together." Evidence was assessed and it was noticed that P.W.1..Category: Property Law | Date: | Hits: 52
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......ration. In view of these circumstances respondent No.1 has no locus standi to maintain the pre-emption case. Order in the separation case clearly indicates his knowledge much earlier than the period of limitation. 9. For the reasons stated above, the appeal is allowed, judgment of t..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a 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)(1987) 223. ......s not the case here. The executants did not deny the execution. Another objection was raised that though the document is a registered one, the executants were not in the country during the relevant period. This is not legal objection and does not deserve consideration. When the document was regi..Category: Procedural Law | Date: | Hits: 115
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......as decreed on 4th April, 1983. Defendant 1, the Government, filed a revisional application on 10th August, 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"—the learned Single Judge of the High Court Division asked the Depu..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....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. ......he first instalment of Tk. 13.65 lacs and the second instalment of Tk. 35 lacs, for the purpose of his business of manufacturing and sale of scales on a promise to repay it within a short period. The company then issued two cheques, one dated 21-10-85 and the other dated 10-3-86, in fa..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......he prisoner did not make any complaint before the Magistrate (P.W. 1) about any torture or mal-treatment upon him by the police who produced him before the court within 36 hours including the period spent on the journey. The investigating Officer (P. W. 25) who produced him before the ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......ment free from ill encumbrances.” See sections 16 and 17 of the Land Acquisition Act 1894. Here the legislature had made it clear that the vesting of property is not for any limited period or limited duration. In the State Acquisition and Tenancy Act all land vested in the Go..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......ch as Regulations 18(a) and 19, and the factual position regarding employment in the Corporation. To make the point clear, suppose, the Corporation does not appoint any officer or employee for some period of time after the Regulations came into force, on whom then the classifications or categories..Category: Employment/Service Law | Date: | Hits: 97
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. ......ongal and he dropped them near the village road which met at the Dhake-Srimogal road. The High Court Division did not place any reliance as P.W. 2 did not tell anybody of this fact for considerable period. 11. In this view of the case, the High Court Division considered that the prosecution ..Category: Criminal Law | Date: | Hits: 124
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. ......was formed, we find, respondent No.1 did not do any business in the name of his former proprietorship firm or at least no evidence has been led in support of any such separate business during this period. In the circumstances, when he himself sought for the winding-up he should wait for the cour..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......gar Vs SMH Rahman 1985 BLD 337 and Kalu Vs. Sowaria 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, prescribed by a special law came up for decision in that case. The decision reported in 27 ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....eptember, 1982. 3. As per stipulation that the appellant should show some development work in April, 1984, the District Fishery authorities reported that the appellant satisfactorily completed the stipulated development work of the fishery. 4. In the meantime it was detected that in calculatin......ich may be quoted: “In view of the facts the rent of the fishery is revised & fixed at Tk. 1,08,000/00 (72.000/- + 36.000/-) annually instead of Tk. 1,20,000/00 (80,000/- + 40,000/-) for the period from 1389 to 1394 B.S. The excess amount of Tk. 12,000/00 already deposited by you for th..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 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. ......1 TC 608 the assessee carried on business as selling agent of various manufacturers and entered into about dozen agency agreements for that purpose. One of the agreements, which was for the period of 3 years was terminated at the end of the second year by manufacturer concerned upon the p..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
..... Providing for payment of Tk.70,00,000/ by the Sangstha to the appellants for construction of vessels according to specification. The agreement provided for delivery of the vessels within the stipulated time after registering the vessels in the name of respondent No.1 and respondent No......se of failure to deliver the coaster within the schedule time the builder shall be liable to pay the Purchaser a compensation @ Tk. 1000/-(Taka one thousand) only per coaster per day for the period of such default. ARTICLE 6. Before delivery, the builder undertakes to submit..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 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. ......hy;tation, though the law of limitation is to be followed in the matter of amendment, but In appropriate cases the rigidity may be relaxed and amendment may be allowed eve alter the, expiry of the period of limitation But in the instant case the question of amendment of the plaint as direct..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum 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. ......bsequently sold the said land to Alfazuddin Ahmed in 1939. Thus Alfazuddin acquired by purchase the entire suit land. Till his death in 1962 he executed as many as 7 registered kabuliyat during the period of 1936-1961 and after his death his heirs defendants 1 to 7 had been possessing the land on..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......3. Plaintiff's case was that the land belonged to the Municipality of Mymensingh. Sailendra Nath Basu was an employee of the Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent u..Category: Property Law | Date: | Hits: 34
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. ......nce itself, recognition of the assailants and cause of assault by them. Her evidence seemed to be quite clear and straight forward, and, in spite of a few minor acts and conduct in the post-event period during investigation relating to matters other than the occurrence, it has remained unshake..Category: Criminal Law | Date: | Hits: 56
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