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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......orary injunction restraining defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-stori......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. ......and one Abdul 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......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 ......the meeting once again. It is also beyond the jurisdiction of the Company Judge to direct that the, Company's account which was already audited and approved in it's Annual General Meeting be examined over again by another auditor. The learned Counsel mentioned that since the Company in a Board meeti......at is provided in the Articles of the Company. The other constraint on the exercise of powers under the aforesaid provisions of law is that the Court should not ordinarily interfere with internal management of the Company. The provisions contained in the aforesaid sections are not mutually e..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......………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal order......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 ......84 was dropped on 27.10.84. The first party attempted to revive the two dates of occurrence, namely, 17.7.84 and 4.11.84. It was noticed that there has been series of transactions between the parties over the self-same land. The learned Sessions Judge considered the locus standi of the first party a......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......e passed by the High Court 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 sitting...... 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 Government who leased out the tame as a Government but I do not like to interfere ..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......es, he may apply to the Controller to increase the standard rent to the extent of the increase in the amount for the time bung payable by the landlord in respect of such rates, taxes or cases over the amount paid in the period of assessment which included the first date of December, 1941."......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...... Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 18...... 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......question of legitimacy of the defendant would be decided by a competent civil court and till such decision the defendant was to continue as the Mutwalli (vide 29 D.L.R.). The first round was thus over. 6. Now the second round. The plaintiff brought the aforesaid suit for the declaration menti...... 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......r the plaintiff-appellants, made pointed reference to the facts of the case. According to him, the facts involved would show that this was a case of mistaken identity of land inasmuch as the controversy which arises from the sale of "Mohal No. 5 Tafur Ali" Is due to such mistake and identity .......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 wife who may re-marry at any time. The question raised merits consideration. Leave prayed for is granted," 5. Mr. Fazlul Karim, Counsel for the appellant, submitted that since the boy is over 7 years of age, appellant, his father, was entitled to his custody. Besides, appellant who is......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...... shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These tenants are tenants by holding over. The Appeal is allowed………….(11 & 12) Cases Referred to- Jessel M. R. in Re. Strin......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
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....t in line with the National Pay-scales. From all these facts, the learned Advocate contends that the respondent was a government servant. 6. The learned Additional Attorney-General, on the other hand ,exclaimed that the Registrar of Co-operative Societies, though got no express power under the ...... Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land m......ch include the creation not funds to be lent to members on long terms upon mortgage of their immovable property; and a "co operative society" means a society registered under this Act. Status and management of co-operative societies have been described in detail in Chapter III of the Act. Unde..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....w, mother-in-law and brother in-law respectively of Nurul Islam) and Mujaffar’s relations, appellants Kashi, Altab and Shamsul. All of them except Mujaffar were armed with baki-dao, each in their hands, while Mujaffar was carrying a dagger in his hand. As to appellant Jaida, he said, she held a ......ase arising out of the same incident should be tried simultaneously by the same court. Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination o...... conviction is set aside and they 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) 75. ..Category: Criminal Law | Date: | Hits: 60
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....ry of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C. No. 941/1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measu...... of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measuring one acre was directed to be sold in auction for realisation of some government dues. On 12-3-1964 a public auction was held for the purpose and three brothers namely, Ab...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
.... Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prio......t Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....a party to the application to have his name entered in or omitted from the register, whether the question arises between members or alleged members, or between members or alleged members on the one hand and the company on the other hand; and generally may decide any question necessary or expedie......s well as to the court for which provision under Order 2, rule 6 of the Code could be invoked. Insofar as the view of the High Court Division as to the forum Mr. Huq contended that the learned Judges overlooked the provision of the Companies Act, specifically section 202 of the Act and the interpr...... died on 1.10.73. His uncle Md. Yusufuddin Mia who was also share-holder in the company died on 17.11.73. The respondent alleged that since then the petitioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A. Jalil nor has given th..Category: Company Law | Date: | Hits: 195
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....order as to costs. Ed. ......Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and structure standing thereon and for recovery of possession of the same and for mesne profits. The suit was decreed by the learned Sub......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....d from the Rajshahi Collectorate shows the last number to be 3656 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No......the Rajshahi Collectorate shows the last number to be 3656 of September, 1969). The appellant obtained the share certificate fraudulently and collusively and the Bank malafide and illegally handed over the share certificate to the respondent No. 1. The Board of Directors, of respondent No. 2 in ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... right and the respondents can have no grievance arising from the Circular and the preparation of joint seniority list thereunder. 5. Mr. Moinul Huq appearing for the respondents, on the other hand, invited our attentions to the Regulations especially Regulations No. 1, 9 and 14 and the provi......o cost. Ed. This Case is also Reported in: ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
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