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Jamal and others Vs. The State, 1987, 16 CLC (AD)
....not depose as witness Mohsin set them free at about 10/11 p.m. whereupon Sohrab and Mahtab went back home about half mile to the west of Kheali Kamar's house. 4. Jamshed and Mobarak, on the other hand, were put in two boats when Musa Sarkar and some other accused appeared on the river bank and o......on 148, 364/149 and 302/149 Penal Code and six (6) others including one Musa Sarkar were charged under section 364/109 and 302/109 Penal Code. 3. Aforesaid Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char......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
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....lants filed Title Suit No. 31 of 1977 in the 5th Court of Subordinate Judge, Dhaka for specific performance of contract stating, inter alia, that there was an agreement between S.M. Ismail on the one hand and Hemnalini Basu (the predecessor of respondents 1 and 2) on the other hand. The Bainapatra i......h as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property and nothing was left for making the settlement that such proper......y by order- (a) * * * (b) Vest or provide for vesting in the prescribed Custodian such enemy property as may be prescribed. * * * 14. This rule was amended on 2.11.65 wherein the word “management” in the sub-heading was substituted in place of the word "custody" and the expression "..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....jusdem generis,' origin from or belonging to same class, learned Counsel contends is not applicable to this phrase" otherwise pecuniary interest". The learned Additional Attorney General on the other hand contends that the expression "he has otherwise any pecuniary interest" includes any interest wh......ction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
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......rily be treated as a defaulter in the payment of rent in terms of sections 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary of such payment is covered by waiver and acquiescence on the part of the landlord. However, this is a question of fact w......or died and his son for some time managed the property and ultimately it devolved upon the plaintiff. It is the plaintiff's son who is now looking after the property. The trial Court noticed that the management of the property had been well established by the rent receipts Exts. A(1) to A(61) which ..Category: Property Law | Date: | Hits: 52
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
.... Haider Chowdhury 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 Appe......er of that property. Defendant No. 2 and father of defendant Nos. 4 and 5 took the lease of the two rooms of the suit premises by a registered kabuliyat dated 10. 3. 1970. That defendant No. 2 handed over possession to defendant No. 3 without any authority. Later defendants 3-5 took settlement fro......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. ..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it was found that a fal......ited by rule 7 of Order 32 of the Code of Civil procedure. 8. At the time of hearing of the appeal the appellant submitted in person that he was unable to engage a Counsel be-cause of his poverty. He is a rickshawala but he prayed for justice. Mr. Abdul Malek a Senior Advocate vo......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
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....rises from First Appeal No. 28 of 1970 decided by a Bench of the High Court Division, Chittagong (Mohammad Habibur Rahman and Syed Mohammad Ali, JJ.) on 4th March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from t......eys to an enemy firm, and to provide for the administration and disposal by way of transfer or otherwise of enemy property and matters connected therewith or incidental thereto, the Central Government may appoint a Custodian of Enemy Property for Pakistan and one or more Additional Cust......of the General Clauses Act. Before examining the provisions of section 3(2) I propose to give a brief history of the various enactments and rules made thereunder relating to enemy property and its management, administration and disposal since the out-break of the India-Pakistan War of 1965. ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....other, wife and son of deceased Khijir (P. Ws. 1, 2 and 5) although admittedly there were many persons who had allegedly seen the occurrence but none of them was examined. The defence, on the other hand, examined as many as five disinterested and independent witnesses who took oa...... forwarded by the Magistrate to the police for treating it as First Information Report. Accordingly, the police took up the case and investigated the matter in the course of which they recovered, after five months, three human skeletons from the mud-well and challenged the respondents ......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
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. ......ces of Biman employees All previous rules and regulations were superceded by these Service Regulations. 4. For determining the seniority of employees respondents claimed that their seniority is governed under Regulation 18 (a) of the aforesaid Regulations which governed the seniority of new e......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. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... Lalu and Kabir together and on his query they said, that they are going to Srimongal. P.W. 18 Nikhil Ranjan Dey stated that on 3.5.76 at about 1.30. p.m. a man came to his pharmacy with his right hand wrapped up in a gamcha. His right hand covering his palm and the fingers showed injury marks. H......f the deceased. They raised alarm and soon other villagers came on the scene. They then proceeded further following the trails of the blood and found marks of blood near the bank of a tank which was covered by water-hyacinth. They suspected that Ashraf had been murdered. The informant at once ran to......ell out the landed property but was prevented from doing so by Lalu's father. Sudden introduction of a stranger in the person of the 'member', an influential man, obviously created an obstacle to management of the property by the accused. It is therefore clearly found that accused had a motive t..Category: Criminal Law | Date: | Hits: 124
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......al Tribunal, Punjab AIR 1957 SC 354; Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786; Zahirul Huq Vs. Ejamul Huq (1982) 34 DLR AD 25; Abdul Khaleque Bains vs. Government of Bangladesh, Civil Appeal No. 21 of 1986. Lawyers Involved: T. H. Khan, S......not be directed to release the holding in favour of the appellant and restoring possession thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered i..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. ......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...... 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 was executed on payment of rent for 1389 B.S. on 22.8.81. ...... penalties. In 1959 the East Pakistan Government Fisheries (Protection) Ordinance 1950 was promulgated and by section 3 the Government was empowered to declare any fishery belonging to or under the management and control of the provincial government to be khas managed fishery. Section 4 bars una..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...... and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale ...... 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......d a plain leading of it shows that it was clear remuneration of the assessee for the year in question. Fit is a remuneration of the assessee then it is a revenue receipt. The learned Judges however overlooked that the income of the assessee went up to a much higher figure in the following year. H...... 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......e appellants by the Sangstha comes from and forms part of the loan granted to respondent No. 2 in case of failure to fulfill the agreement by the appellants, respondent No. 2 may claim this amount over again from the Sangstha, as the Sangstha instead of giving this amount to respondent No. 2 pai......n or any other property of the industrial concern or of any person liable for payment of the loan or for payment of other sum relating thereto; or (b) transfer of the management and administration, including the authority to operate the bank accounts, of ..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. ......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
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....itle to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Baisnabi, an old bhandari, used to manage the affairs of the deity. From her defendants Nos. 1, 4 and 5 took bhag set......alf 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 plaint-case is that in 1362 B.S. there was no s......p possession, but that promise was not kept. 2. Defendant No. 1, the present appellant contested the suit asserting, inter alia, that the suit was not maintainable and that the alleged management committee was not legally constituted and that plaintiff No. 1 had no locus standi to f..Category: Property Law | Date: | Hits: 36
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. ......h late Alfazuddin Ahmed who purchased the property from Jobeda Khatun in 1939. Their case was that Jobeda alone possessed the entire suit land exclusively and adversely in open assertion over the title thereto. Hedayet never possessed the suit land. Jobeda Khatun earlier mortgaged by w......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
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. ......appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh town bearing Municipal holding No. 231 (present holding No. 66 and 66A) and for recovery of khas possession after demolishing the structures standing thereon. 3. Plaintiff's case w......authority" shall mean and include a Paurashava, Zilla Board, Union Panchayet, Board of Trustees of a port or other authority legally entitled to, or entrusted by the Government with, the control or management of a municipal or local fund, or any corporation or other body, or authority constituted ..Category: Property Law | Date: | Hits: 34
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