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....ant put the final decree into execution
on 1st March 1967.
3. One Badsha Miah filed an
objection under section 47 of the Code of Civil Procedure being Miscellaneous
Case No. 36 of 1967 claiming to be in possession of the mortgaged property. The
miscellaneous case, was, however, dismi......owdhury died leaving respondent Nos. 2-6 as his heirs.
2. Appellant instituted Mortgage
Suit No. 43 of 1964 in the 1st 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 Reve......ramed containing
provisions relations to enemy property.
Rule 182(1) of the aforesaid Rules
are as follows: —
"182. (1) With a view to
preventing the prevent of moneys to an enemy firm, and to provide for the
administration and disposal by way of transfe..
Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....oined within 7 days from receipt of the appointment letters, respondent Nos. 1 and 2 joined on 12-6-1978, respondent No. 3 joined on 9-6-1978 and respondent No. 4 joined on 6th June 1978. Respondents claimed to be the first batch of the Senior Account AssÂistants who were appointed on regular basis...... concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as SeÂnior Account Assistants. In the list prepared in order of merit respondent No......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)
....e tank at the instance of the police by P.W. 12. 15. Undoubtedly deceased Ashraf Ali was done to death. The question is who did it? We have discarded the evidence of P.W. 2, the rickshaw-wala, who claimed to have given a ride to the three persons, namely, two accused and the deceased, inasmuch as......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ...... was going to Berhampur on invitation of the wife of the accused to receive his dues ; (ii) a number of letters and notes written by the wife of the accused to the deceased from whom she had borrowed money at different times in small amounts totalling Rs. 3000/- on promise to repay with interest; (i..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....-This appeal arises from Writ Petition No. 288 of 1985 decided by a Bench of the High Court Division, Dhaka (Amin-ur-Rahman Khan and Md. Abdur Rouf JJ) on 28th August 1986. 2. Appellant who claims to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. ...... claims 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...... 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. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....any was incorporated. The name "Ciproco Computer", it was alleged, was a trade mark registered in January 1984, in the name of respondent No.1, under the Trade Marks Act. Respondent No.1 claimed to be a graduate in Computers Science having a decree from an English University and that h......ent 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 before the High Court Division, 2. The application for winding-up the company was filed by re......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 SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ালয়ে নাই." 17. Mr. Ahmed argued that it was rivalry between the two sets of officers of two Upazilla. The lessee was granted of Baralekha Upazilla while the Kulaura Upazilla started claiming that part of the fishery falling within, its jurisdiction. Mr. Ahmed frankly conceÂded tha...... the High Court Division in Writ Petition No. 179 of 1985. 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 ......ned fishery to the petiÂtioner Towhid F.C.S- for 3 years from 1392 B.S. to 1394 B.S. at 25% enhanced rate over that of 1391 B.S. for the 1st over of 1392 B. S. and for 1393 & 1394 B.S. the lease money shall be 10% higher than that of each proceeding year. He is also requested to realise the ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... money he executed this Deed as a mortgage-deed on condition for reconveyÂance if and when the mortgage money was repaid. But nothing of this sort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict....... Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is wheÂther the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the deÂfendants-appellants is maintainable. 2. Plaintiff-respo...... it to the Company as a security of Tk. 30,000/- representing the value of the qualifÂying share of the Company which he was reqÂuired to purchase in order to become a DirecÂtor: but, as he had no money he had executed the Deed as 'Mortgage-deed' on condition that the land would be reconveyed to ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....rited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partition was turned down by defendant No.1, Hence the suit. 3. Defendant No. 1 claimed that he was "the only son of Gour Majhi; that the plaintiff's father Nagar Mondal...... M.H. Rahman J. - This appeal by special leave, at the instance of the heirs of the plaintiff, has arisen out of a suit for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit ......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)
....as granted to consider the question whether the amount received by the respondent assessee on account of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd......of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was executed between the assessee and B.......of the transaction is to be ascertained; (ii) if the agreement cancelled related only to some of the transaction carried on in the ordinary course of business of the assessee then the money received will be a revenue receipt; (iii) if the cancelled agreement was one of wh..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... amount paid to the 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 re......pa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appe......d upon but imported second hand marine engines and construction of the vessels was not completed within the stipulated time. Respondent No. 1 filed the aforesaid application for realisation of money which the appellants had and received from the Sangstha. 6. Article 33 of the Ba..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
.... 204 of 1980 in the Court of Munsif, Noakhali and prayed for temporary injunction against the accused, but his prayer was rejected alter hearing the defendants; and that for establishing this claim to the suit land the complaint instituted this case falsely. 4. Besides himself t...... Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the two a......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
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
.... clouded or threatened, he may seek a declaration under this section to the effect that by the instrument his right and title has not been affected or that any other person who denies his title or claims title in himself has not acquired any right or title thereby. If the suit is filed for a dec......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi......eached for sale of the land for a consideration of Tk. 2000/-, that on the following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money and she was requested to give her left thumb-impressions on a blank sheet of paper which was..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ...... M.H.Rahman J.-The respondents, on behalf 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 pl...... Baboo, (1874-75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to incur debts and borrow money for the service of the idol and preservation of its property, to the extent to which there is..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....s been causing inconvenience, hence the suit for partition with a prayer for declaration of the plaintiffs' title. 4. Defendants 1 to 7 contested the suit by filing a written statement. They claimed through late Alfazuddin Ahmed who purchased the property from Jobeda Khatun in 1939. T......urt Division, Dhaka Bench, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the sui...... totally denied any title of Hedayet Baksha from the very beginning of the kabuliyat dated 2 June 1920. Their case is that the settlement under the kabuliyat was taken by Jobeda alone with her own money and for her own benefit and interest, but Hedayet Baksha who was brother of Jobeda's husband ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....tituted attorney Mr. Ashutosh Datta Roy, an AdvoÂcate and his younger brother Narendra Nath Basu, defendant no. 1. Defendant no. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchÂased the suit land on the basis of a kabala dated 9-2-57 executed by the sai......Court Division in S.A. No. 402 of 1975. 2. Plaintiff-respondent instituted Title Suit No. 106 of 1965 in the 1st Court of SuborÂdinate Judge Mymensingh, against the defenÂdant appellants praying for declaration of title to the land in suit appertaining to C.S. Plot No. 95 of Mouza Mymensingh to......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....ul Hai 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 sugge......0th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and ......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
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....land on lease as vested and non-resident property. This having cast cloud upon his title, plaintiff instituted the suit for declaration. According to defendant No. 1 who is the appellant, plaintiff's claim that he purchased the suit land was false and his kabalas are forged; Further, plaintiff's ven......sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that t......1979 of the Court of SuborÂdinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... 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 ......Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written stateÂment in a suit by or against the GovernÂment. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub-head "Military......ith a finding that no criminal offence was commitÂted by the appellant in accepting rent for his own house. Even thereafter, a certificate proÂceeding was started against him for realisation of the money paid to the appellant by the Military Estate Officer as rent of the premises 8. Be that as ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
.... a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) Doctrine of estop......testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ......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
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....er the recouÂnting was done and the Returning Officer declared the respondent to be elected. That was challenged before the Tribunal on the ground of collusion Rule 45 says that the peÂtitioner may claim as relief any of the folloÂwing declaration: "(a) that the election of any returned c......the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declar......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
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