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Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ther 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 from defendant No.1, the Assistant Custodian, ......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. ...... my learned brother MH Rahman J. 2. Facts are simple. Plaintiff is the appellant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directi..Category: Procedural Law | Date: | Hits: 115
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....e solenama was not genuine and accordingly rejected it with a direction that the original suit be proceeded with. The learned Munsif found that in the so-called solenama nothing was mentioned about any consideration but in the evidence the defendants took the stand that they paid Tk. 5,000/- as ......ntiffs had been protected in the solenama or not. It was noticed that the solenama contained signatures of all the plaintiffs. It was observed: "There was no allegation at any stage of the miscellaneous case that the interest of the minor plaintiffs were not protected ......tand 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 the proceeding and in the absence of such compromise shall be voidable against all the persons and void..Category: Property Law | Date: | Hits: 32
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....;For the Respondent (In both the appeals). Civil Appeal Nos. 57 and 58 of 1986. (From the judgment and order dated 7-8-86 & 3-9-86 passed by the High Court Division, Dhaka, in Company Matter No. 27 of 1986.) Judgment: &nb...... bank manager and partial admission of the claim as well as tie admitted signatures of the company's managing director in Exts. A, B and C, it seems no interference is called for at this stage. But though it has been admitted the company court got necessary power even during the hearin......sp; Shahabuddin Ahmed J. - These two appeals have been preferred by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Com&s..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....eating through the jungle. Golam Ali found Elias lying almost dead with multiple injuries; he raised alarm whereupon the mother and the second wife of Elias appeared on the spot, followed by many others of the locality, including Ayub Ali, the Informant, found Elias lying injured and heard ...... 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. ...... shouted to Golam Ali the names of his assailants; (4) evidence of P W. 8 Toyeb Ali. P. W. 9 Akram Ali and others that within a few minutes of the incident they found accused Nausher hurriedly proceeding towards the west with wet lungi and shirt. that they caught him out of suspicion and th..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....upon repeal of the Enemy Property (Continuance of Emergency Provisions) Ordinance, 1969 by the Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974, there is any bar against attachment or sale of the property in question in execution of the civil cou......e it was obtained due to the operation of the Ordinance. In view of this position the other point raised regarding the appearance of the Government in the present case and earlier stages loses all importance. I need not, therefore, consider the point so raised. Whether, having r......committed against the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance or any order made thereunder; or (e) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture o..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....y Fazal, and that when the charge was denied by Khijir he was tied down with a rope, assaulted and dragged to the local Member, Azizur Mondal, for necessary action. When Azizur Mondal refused to do anything in the matter Khijir was dragged further and brought to the abandoned Bhiti of one Narayan......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. ......d it appears that the alleged victims, Khijir, Bhola and Keru, were notorious thieves and bad characters of the locality and that Khijir was put into custody on occasions in proceedings under section 110 Cr. P.C. which are generally known as Bad Livelihood cases (B.L. Case..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....ion when on 18.5.76 he was arrested from the house of his father-in-law from a different village. The trial court noticed that the evidence on record proved that the deceased was last seen in the company of both the accused. Certain circumstances figured prominently such as in the following mornin......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. ......e member who were going there together, that after marketing when Lalu and the member boarded a rickshaw for returning home from Sreemongal, he was given a lift in the same rickshaw, that after proceeding some distance, they got down from the rickshaw, whose fare of Tk. 1.50 was pa..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ti-55/82 (port)/88 dated 9.3.85 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release th...... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ed the petition in limine". 8. In Udit Harain Singh Malpaharia vs. Additional Member Board of Revenue, AIR 1963 SC 786, in stating the law as to who are necessary or proper parties to a proceeding the Indian Supreme Court stated that ''a necessary party is one without whom no or..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
............... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C 83; Hendriks vs. Montagu Ch. D (17), 63......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. ......iproco Computers Ltd." which is the name of appellant No. 3, a Company, of which respondent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Company Matter No. 21 of 1986 pending bef..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....el the lease of Chatla Beel Group Fishery granted by the Fishery Department in favour of Sharping F.C.S. for the period of 1392 to 1394 B.S. on ground of their default of rent and for not undertaking any development scheme. It has also been decided to lease out the above mentioned fishery to the ......appellant challenged the impugned order by filing a Writ Petition and the High Court Division while dealing with the case considered number of submissions which would be considered at the appropriate stage and ultimately came to the conclusion that a contractual right could not be enforced by invo......ested to deposit the balance amount of Tk. 96.000,00 being the rent of 1390 B.S. immediately." This rent was paid on 25th Baisak 1390 B.S, corresponding to 9.5.83. It may be noticed in course of proceeding before the High Court Division the respondent contended as per the lease agreement the re..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
.... they lost their co-sharership in the ease holding, as far back as in 1963-64 and 1965-66 respectively; that the splitting up of the jama was acted upon; and that the pre-emptors did not file any dhakhilas since 1963-64 and 1965-66 to show that they were paying rent in-the old rate for the ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... the petitioners' case and it only exemplifies that there may be an exception to the general principle that the validity of a mutation order may not be allowed to be raised in a miscellaneous proceeding for pre-emption. In that case the mutation proceeding was initiated after filing of the ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....father-in-law's house as a domesticated son-in-law till his death; that the plaintiff was born and brought up in maternal grandfather's house and he lived there end he bed no interest nor any possession in any part of the partible land. 4. Defendant Nos. 2, 3, and 5, the subse&s......e son of Gour Majhi. P.W.1 Debendra, the plaintiff, admitted that the entire partible land was recorded in the name of defendant No.1 Jagadish; He did not claim that he raised any objection at any stage against the recording of entire partible land in the name of defendant No.1 nor did he take a......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....before us the findings of the Income Tax Tribunal on Clause 5 of the agreement which reads as under :— "The Secretaries shall be entitled to receive from the company as remuneration for their services as secretaries and treasurers a commission at the rate...... 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. ......ondent. Appeal before the Appellate Joins Commissioner of Taxes was dismissed. The assessee further appealed before the Income Tax Appellate Tribunal which was also dismissed. 5. In the proceeding under section 66(1) of the Income Tax Act the following question was considered by the H..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... the balance Tk. 25.75, 000/-only will be paid by them through a crossed cheque on a scheduled bank. The builder shall never increase the price of the coasters from the quoted amount in any case. ARTICLE 3: Payment will be made both by BSRS and Purchaser as per follo......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......lly sustainable. Further, appellant No.1 who had been paid for construction of vessels is not liable for the payment of loan having been extended, to respondent No. 2 by respondent No.1 in the proceeding under Article 33 of P.O. No. 128 of 1972. 5. Facts, as stated above, make it cle..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....ieving that she was executing a bainapatra. But after some time a Sub-Registrar came to enquire from her about the matter and asked her to admit execution of a sale-deed. She denied having executed any sale-deed but explained that she had executed a bainapatra by putting her L.T.I, on a blank pa......t does not appear to be tenable, for even if the prayer for further relief was not included in the plaint the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest......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. ..Category: Property Law | Date: | Hits: 86
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... 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 any order or action under the Act…………..(20) The Act itsel......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. ...... submitted that the plaintiffs suit being for declaration of title and confirmation of possession alternatively for khas possession and for a decree for declaring the order of requisition and all proceedings there-under illegal, mala-fide and without jurisdiction, plaintiffs' prayer (d) in the p..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ith her husband and children and woke up hearing the sound of intruders entering or breaking through the door, it is all but natural that she would instinctively look for and light the ‘kupi’. Many a possibility or impossibility may be imagined after things have once happened, but I find no ......re being no ground for grouping of so many persons to murder him. I do not find any suggestions by the defence on these points during the cross-examination. These seem to be refinements at a later stage of the case, namely, during the hearing of the appeal before this Court. The arguments may h......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
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the prosec......ith this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) A......ication of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impu..Category: Criminal Law | Date: | Hits: 38
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ment. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub-head "Military Lands and Cantonment Service", the authorised person is "any Military Estate Officer". The ejectment suit in question relating to a premise in the Cantonment...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......o him to sign and verify a written statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify, plaint ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....airs of the deity and the development committee. Non impleading of all those Shebaits shall not render the suit bad for defect of parties. Moreover, the defect of party has neither been impleaded nor any such issue was framed during trial…………………..(19) Cases Referred to- Bhagwan S......as come forward to contest the suit on being added as a party. It may be mentioned that no issue on defect of party was framed in the suit. Nor also any issue on legal necessity raised at the trial stage. In these facts and circumstances and for reasons stated above, the appeal is allowed. The ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
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