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Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....with him), instructed by Syed Sakhawat Ali, Advocate- on- Record- For the Appellants. Rafiqur Rahman, Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Respondent Nos. 1-5. Ex-parte - Respondent Nos. 6-9. Civil Appeal No. 42 of 1984. (From the judgment and order dated 1......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
.... dismissed although the conviction under Section 201 Penal Code was set aside. 11. Leave was obtained raising the following submissions: (1) that the prosecution case as to leading the Police party to the latrine, recovery of the dead body therefrom and washing of the same by the accused him......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 ......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 ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....and 3 The impugned order was issued under P.O. 16 of 1972 treating the property of therespondent as abandoned property. The High Court Division while entertaining the contentions of the respective parties came to the conclusion that the respondent is a British Bangladeshi citizen. To my mind this......ession "person who is not present in Bangladesh," nor it is the case that his whereabouts are not known, nor can it be said he has ceased to occupy, supervise or manage in person his property because payment of rates and taxes in the years 1971-72, 1972-73, and 1973-74 are amply proved to justify hi......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. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ve who came to collect the same. Defendant-appellants never stopped payment of rents from April, 1973. It was not true that the respondent's rent collector went to the appellants during the later part of October, 1973 for collection of rents when defendant appellant No.2 showed him temper or s......ent Judgment January 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also co......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 ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....re acquitted by the impugned order dated 10 January, 1984. Against this order of acquittal leave was granted by us to examine the question raised by the State as to whether the evidence on record particularly, the direct evidence of P.Ws.9 and 12, was improperly rejected by the High Court Divisi......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....half of the appellants but could not be considered for want of oral evidence as held by the High Court Division and on such finding the suit ought to have been sent back on remand as it is a suit for partition. Thus the suit is sent back on remand with permission to examine witnesses in support of t......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....aken in the pleading and has to be established by proof of some overt act indicating landlord's intention to waive such default. 7. Mr. Sen by referring to information gathered from the Accounts department of the office of District Judge,Chittagong on 26th December 1984 which showed nonpayment of......on. Briefly slated, defendant-appellant who is a temporary monthly tenant in the suit premises at a rental of Tk. 1750/= was liable to ejectment as he became a habitual defaulter, going in arrears in payment of rent from March 1973 to August 1973. Respondent required the suit premises for its own us......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 ..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....(I of 1872) Section 105 The Penal Code, 1860 (XLV of I860), section 300, Clauses 1, 2, and 3. The weapon used was a lethal one and the injury, grave in nature, was caused on the vital part of the body. The intention to cause death of the victim, therefore, is prima facie apparent. Ev......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....vocate-on-Record—For the Appellant. Respondent Nos. 1 & 4-Dead; Azizur Rahman Chowdhury, Advocate, instructed by Miah A. Gafur Advocate-on-Record-For Respondent Nos. 2-3 & 5-7. Ex-parte — For Respondents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... 8. Dr. Kamal Hossain, learned Counsel next argued that the equitable principle as laid down in section 53A of the Transfer of Property Act is available to the appellant, in view of the fact that in part performance of the contract the appellant took the possession of the suit land and the contract......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....d by Ranesh Chandra Maitra, Advocate-on-Record. – For the Appellants. B. Hossain, Assistant Attorney-General, instructed by Sajjadul Huq, Advocate-on-Record. - For Respondent Nos. 1 and 2. Ex parte - Respondent No.3. Criminal Appeal No. 17 of 1986. (From the judgment and order dated ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
.... set out in his plaint is that respondent No.1, General Manager of the Shipping Corporation (respondent No.3), by a public advertisement issued in newspapers invited sealed quotations from interested parties for sale of the vessel "both on cash/credit basis" with a direction that the sealed quotatio......r, the offer of respondent No. 4 was at Tk. 2, 38, crores. The offer of M/s. Joinal & Sons was the highest at Tk. 2.41.05 crores but it stood out of consideration as it was conditional on delayed payment. The offer of respondent No. 4 was therefore held to be the highest. Thereafter the appellan...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....resaid Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two oth......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....en statement filed by the Assistant Custodian of Enemy Property. 6. The trial court decreed the suit holding that the Bainapatra was a genuine document and the appellants were in possession of the part of the suit property and the suit is maintainable inasmuch as heirs of Hemnalini and the Custod...... 182, as it stood on the promulgation on the 6th of September, 1965, was to the following effect; "182. Collection of debt of enemy firms and custody of property.-(1) With a view to preventing the payment of money to an enemy firm, and preserving enemy property in contemplation of arrangement to ......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. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....espondent No.1 filed the Writ petition asking for an information as to under what authority the appellant claims to hold the office of chairman which is a public office alleging that the appellant is party to a contract for some work to be done for the same Upazilla Parishad and has otherwise pecuni......ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized pa....... 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. ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....y result, then it is murder. Conviction of the appellants under section 302/34 altering the same under section 307/34 on appeal by the High Court Division is altered with conviction under section 304 part 1 of the Penal Code…….(8 & 9) Lawyers Involved: B. Hossain, Advocate-on-Record - ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....arliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case......ff-respondent brought S.C.C. Suit No. 23 of 1977 before the Subordinate Judge, 2nd Court, and S.C.C. Judge, Sylhet for eviction of the defendant appellant on the ground of default and irregularity in payment of rent. Plaintiff’s case was that the defendant was a tenant in the suit premises since 1......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..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....d—For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him) instructed by Sharfuddin Chaklader, Advocate-on-Record-For the Respondent No. 1. Ex-parte—Respondent Nos. 2-13. Civil Appeal No. 65 of 1986. (From the judg......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellant. Abdul Hamid, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent No. 1. Ex-parte—Respondent No. 2. Civil Appeal No. 18 of 1985. (From the judgement date...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....ants. S. S, Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgm......ould give the year of his purchase; that he could not say when he went into possession of the suit land; that he admitted that he had no bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants except the agreement to sell; that he also admitted that th......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
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