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Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....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 ......rsed by the tenants as per agreement in addition to the standard rent………..(11) Municipal tax paid by the tenant in the absence of any contract is adjustable against the rent…….(15) Cases Referred to- Shamsuddin Ahmed vs. Mohd. Hassan and others (1979), 31 D.L.R (AD) 155; Mst. ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......2) Action of the respondent humiliating to the presiding officer of a Court, however small it may be, amounts to clear defiance of the Majesty of Law, cannot be condoned legally………(23) Cases Referred to- Asharam M. Jain vs. A.T. Gupta, AIR 1983 SC 1151: L. D. Jaikwal vs. State of U..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... 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. ......a designata” jurisdiction of the High Court Division under article 102 of the Constitution can be invoked in appropriate circumstances involving such matters under the Ordinance……….(38) Cases Referred to- Colquhoun Vs. Brooks ( 1889) 14 App. 493; Canada Sugar Refining Co. Vs K. (18..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... 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. ......re…………….(42) Practice and procedure When some principles of law or procedure are violated leading to miscarriage of justice, higher Court can always interfere…………….(27) Cases Referred to- Md. Alladat Khan vs. Md. Ismail Khan, 10 ILR (All) 289; Habibur Rahman Chow..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......he suit, the decree is liable to be amended by excluding the first schedule of the written statement, under section 152 of the Code of Civil Procedure. The Appeal is allowed…………(24,25 & 26) Cases Referred to- A.I.R 1961(S.C).790, 42 IA 91. AIR 1965 (S.C.) 1325; Inre Swire Mellor vs. Swi..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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......y in filing prayer for amendment of the plaint on material issue requiring filing of such petition much earlier, disentitles the plaintiff to get such amendment. The appeal is dismissed……..(27) Cases Referred to- Province of East Bengal (Pakistan) Vs. Nirode Behari, (1960) 12 DLR 339; Ratan..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....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 ......ich the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is dismissed….(23) Cases Referred to- Muhammad Bashir Vs. Mst. Ghulam Fatima, PLD 1953 Lah 73, Zainab Bibi Vs. Feroz..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....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......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. Stringer's Estate, page 384 L.R. 6 Chi; J. M. Singh v. Bal..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......on in the disputed land is not an impediment to others who are claiming possession in the suit plot through lease from the government, the suit plot covering a large area besides the parties claim. Cases Referred to- M.H. Khanddkar Vs. Bangladesh 30 DLR (S.C) 1. Lawyers Involved: B. Hoss..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... 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. ...... 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
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......d not a different proceeding. The High Court Division erred in law in taking the view that a separate notice is required for imposing additional tax under section 18 (a). The appeals are allowed. Cases Referred to- Commissioner of Income Tax vs. Fazlur Rahman (1964) 16 DLR (SC) 506; Badrida..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... 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.......to as Agent-nama in the Bid sheet Appellant Muslim Khan accepted the Agent-nama and participated in the bid on behalf of the three brothers. The sale was entered in the Sale Register of Certificate Cases showing these three brothers, Abdul Ghani Akhan, Korban Ali Akbar and Nur Mohammad Akhan as th..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... complaint of such grievances lies against the appellants under the Printing, Press and Publication (Declaration & Registration) Act,1973. Thus, the order of the High Court Division is upheld. Cases Referred to- Surendra Nath Sarkar vs. Kali Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....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. ......tice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent no. 1 and as such the appellant is entitled to the decree sought for it………(32) Cases Referred to- Abdul Rauf and others Vs. Abdul Hamid Khan and others (1965) 17 DLR (SC) 550; ..Category: Business or Commercial Law | Date: | Hits: 118
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ...... by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and acquits the accused……..(5) Cases Referred to- Bhim Singh and others vs. State of U.P. A.I.R. 1974 (SC) 1744; Md. Joynal and ..Category: Criminal Law | Date: | Hits: 53
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali Vs State (1968) 20 DLR (SC) 49; PLD 1967 (SC) 545; AIR 1935 PC 89; ..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......inable, two separate petitions with prayer aforesaid independently may be filed before the Company Judge and both the Petition may be heard and disposed of analogously by the same Court……(23) Cases Referred to- Hindusthan Bank Vs. Mehraj 55 1C 820; Mulkraj vs. Q.L.P. Bank AIR 1938 (Lah) 6..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......dlord……(7 & 8) The suit being not barred by Limitation, the Trial Court rightly held that the plea of adverse possession cannot be raised. The Appeal is allowed with cost……….(8) Cases Referred to- 19 DLR 912; Runge Lall Mandul vs. Abdul Gaffur and others—4 Calcutta 315; Ba..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......spondents will be an abuse of the process of the Court. The Appeal is allowed. The order of quashment is set aside and the trial of Sessions Case no. 407 of 1982 is now to proceed. ………..(14) Cases Referred to- Abdul Quader Chowdhury and other Vs. The State, 28 DLR (AD) 38; Bangladesh v..Category: Criminal Law | Date: | Hits: 105
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