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Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....m) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judgment and order dated 25-8-86 passed by the High Court Division, Circuit Bench, Chittagong, in Civil Revi......ivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/ irregularity in the conduct of the election the Tribunal found that they were not proved by proper evidence and the issue was answered in the negative. On the basis of recounting of ballots a..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....f 1978.) Judgment: A.T.M. Afzal J.- This is a defendant's appeal following leave and arising out of judgment dated 2nd August 1983 passed by a Single Judge of the High Court Divisi......and khas possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he took settlement of .69 decimals of..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....Haider ChowÂdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Abani Mohan Saha………………………………Appellant Vs. Assistant Custodian (S. D. O) Vested Property, Chandpur and others ………… Respondents Judgment February 20, 1986. Result: The Appea......on that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit proÂperty. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandr..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; EmÂperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law...... been specified in Schedule I of the Act. The rates increase as the value of the suit goes up; but a limit has been set beyond which the amount of the fee shall not go. According to the Schedule, the proper ad valorem court-fee is Tk. 15,000/- when the value of the suit is 11 lacs taka or above. Tha..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th......mand or where the proceeding started is a clear abuse of the process of the court, then the court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of ..Category: Business or Commercial Law | Date: | Hits: 76
....hman J
A.T.M.
Afzal J
Priyatosh
Talukdar…………………………..Appellant
Vs
Assistant Custodian, Vested and
Non-Resident Property, Chittagong and others .............................Respondents
...... 1984.
Facts are: One Umesh Chandra Chowdhury,
predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the
appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari.
Appellant was put in possession of the mortgaged property. Umesh C..
Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......quantity of small intestine with mesentery protruding. The opinion was that the injuries on the upper part of the neck correspond with the injuries on the lower part of the head and the neck and fits properly with the neck of the dead body including the colour and structure of the skin of both ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1......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 to sell ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur...... Court considered the question of the constitutional obligations on the State when it takes action in exercise of its statutory or executive power and wheÂther the State is entitled to deal with its property In any manner it likes or award a conÂtract to any person it chooses without any constitut..Category: Property Law | Date: | Hits: 87
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
.... General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal ......dence that any material alamat of arson was produced before the Magistrate or any enquiring officer except Ext.1, a muffler and Ext.II saries, burnt blouses, which can hardly be considered as proper alamats of destruction of a hut by fire. In the context of admitted enmity and litigati..Category: Criminal Law | Date: | Hits: 57
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural 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 an......rely superintendent of the Madrasah and a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... 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 required to prove his innocence. The entire burden of proof of his guilt lies on ......bdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was also suggested that the accused Muslim had claims over the property which was purchased by Khursheda, daughter of Hatem Hajj. It was also suggested by KaÂmini..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to......nt Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the ap..Category: Property Law | Date: | Hits: 42
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ......d according to law and Companies Articles, there has been no compliance with the provisions of this section. In such an eventuality the Company Judge is authorised under section 79(3) to order that a proper balance-sheet and accounts be prepared and placed in a General Meeting. He submitted that as ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ...... the list of Abandoned Properties by an order dated 22 September 1972, and by a subsequent order dated 19 March 1974 mutated the names of the appellant and his mother and two sisters as owners of the properÂty. Thereafter, a part of the house in the ground floor, was taken lease of under a Deed of ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
.... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂ......ecounting by the Tribunal after a time gap of about 9 months, then the returned candidÂate could not be saddled with its responsibility and the rejection of these votes would be wholly illegal and improper Bui if those double marks were there from before, that is. Those markings had been made by th..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
.....A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris......of votes has casts and since there was no tie the rest of the provision of sub rule (5) need not be considered. 6. It is distressing to note that the Courts bellow have not considered the rules in proper perspective in this case. In the case of member the Presiding Officer after counting will dec..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
.... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ......ecision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Civil Procedure Code, in support of his argument that refusal of extÂension of time was illegal and improper in the circumstances of the case. 6. The contention of the learned Advocate that operation..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
...........Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The PrinÂting Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......sation from the District Magistrate Whether there had been any authorisation or not would be known only to the District Magistrate and the Additional District Magistrate. Furthermore, it would not be proper to expect that the public it large would raise the question of authorisation before the Addit..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....DLR (AD) (1986) 201. ......ation dated 11th April 1978 published in the Bangladesh Gazette on 20th April 1978, no right in relation to Salimabad hat can any longer be claimed by the appellants. These conÂsiderations apart, on proper inquiries GovernÂment arrived at the decision whose validity his been challenged before the ..Category: Property Law | Date: | Hits: 202
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