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Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....mbent upon the defendant to depose on oath that no summons was served upon him by the process-server as alleged. The process server was, of course, not examined as a witness as his examination is not mandatory in view of the provision of rule 19A of Order V, Civil P. C. Examination of the process-se......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... Above all, in view of the express provisions of section 22 even Government cannot, by an order or agreement, exempt any land from assessment or payment of rent, for the words used in the section are mandatory, namely, "all lands.............shall be subject to the payment of fair and equitable re......lands which existed in the Mughal period and continued through the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no..Category: Property Law | Date: | Hits: 47
....B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......involves examination of Section 18 of the Arms Act 1879 which deals with deals with the subject of cancellation and of license of foe-arms. The main burden of the judgment has been to interpret the provisions, of the said section and to hold that the order in the present case was passed within the..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......rashava shall, during the period of supersession, vest in the Government. (3) On the expiry of the period of supersession the Paurashava shall be reconstituted in accordance with the provisions of this Ordinance and rules." This is the extreme measure that can be taken by way of ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......his right to joint possession which is one of the main incidents of co-ownership of property. The Courts have not hesitated to put a liberal construction upon the Partition Act and to interpret its provisions in such a way as would promote and fulfill the object of the Partition Act which is to pr..Category: Property Law | Date: | Hits: 45
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......esses on the point nor the same made the prosecution case doubtful in any manner. Grounds 2 and 3: 14. The High Court Division upon an elaborate examination of the confession (Ext. 6) and the provisions of Law found that it was true and voluntary. The only objection as to the confession ra..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury 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: 40 DLR (AD) (1988) 116. ......y under Article 2(1)(i) of P.O. No.16 of 1972 and in the circumstances the learned Judges of the High Court Division erred in making the rule absolute upon an erroneous construction of the relevant provisions of law referred to above." 3. The crucial question is, whether the suit property is an..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ...... for which rent has become due. Secondly, even if it does whether sub-section (5) of section 18 of the Ordinance contemplates this kind of contract or an oral agreement. On referring to the precise provisions of this sub-section it is seen that the expressions used therein are" within the time fix..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. 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: 40 DLR (AD) (1988) 89 ......t was produced by the defendant-appellant to show payment of rents for these months No receipt was also produced to show payment of rents for March 1973 and April 1973 in time. Having regarded to the provisions of clauses I and 5 of section 18 of the Ordinance and the facts established in the case w..Category: Tenancy Law | Date: | Hits: 109
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......poenitentiae, in respect of the said order. The power of passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a re..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... that the respondent was not a worker but was an 'employee', meaning a member of the Managerial staff. There is no dispute that if he is not a worker, then the order of dismissal .is illegal, for the provisions of the Act are not applicable to a person who is not a worker within the definition of 'w..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....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. ......r, inherited the estate of late Hemnalini. On court's order Sova Rani was added as the defendant in the suit as defendant No.3 but she did not file any written statement. 5. In compliance with the provisions of P.O. 142 of 1972 Government of Bangladesh was added as defendant No. 4 and it adopted ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... 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. ......c by filing Writ-Petition No. 141 of 1986 under Article 102(2) of the Constitution. 4. The appellant was elected chairman of Kathalia Upazilla Parishad in an election held on 16 May 1985 under the provisions of the Local Government (Upazilla Parishad and Upazilla Administration Reorganisation) Or..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......the circumstances, as he was allowed to pay rent in lump for many months together by the landlord for a long time", and then passed the judgment by observing: "nonetheless in view of the stringent provisions for payment of rent within 15 days of the month next following that for which the rent is..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. ...... of contract for, 02 acre of land on 29th November 1972 in Title Suit No. 91 of 1970. He, however, did not obtain any kabala from Court in pursuance of the decree. He claimed that according to the provisions of section 53A of the Transfer of Property Act he being in possession of the aforesaid ...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. ......”. He further admitted that he had no knowledge regarding the suitland. On such perfunctory enquiry the property of the citizen was taken away and declared as enemy property without following the provisions of law and toe settled principles. Even the onus was not discharged. Needless to mention ..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....ed the point. Mr. Abdul Malek pointed out in the setting of Rule 6 the case of the defendants does not stand scrutiny that they had made any payment and the worse situation comes when Rule 7 in the mandatory term prohibits compromise without leave of the Court which must be expressly recorded in......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
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......1960 has been replaced by Schedule I of 1981. Learned Additional Attorney General has also invoked section 8(1) of the General Clauses Act which provides that when any Act repeals and re-enacts any provisions or a previous Act, reference in any other Act or instrument to the repealed law must be c..Category: Procedural Law | Date: | Hits: 124
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. ......court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue as required under the provisions of Disturbed Persons (Rehabilitation) Ordinance, 1964 was obtained by the appellant. Pre..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. ......18th October 1984 anew seniority list was prepared and the respondent’s positions therein were shown as they existed in the seniority list prepared on 30th September 1980. 3. In pursuance of the provisions of section 30 of the Bangladesh Biman Corporation Ordinance, 1977 the appellant Corporati..Category: Employment/Service Law | Date: | Hits: 97
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