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Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....ect to denomination of notes for which the alleged payment was made "can be disregarded as minor one. " In this view of the matter, the appeal was allowed and the solenama was treated as part of the decree. 6. In Civil Revision the matter came before the learned Single Jud......raudulently into a compromise petition. As to the consideration of Tk. 5,000/- it was noticed that though the consideration was not mentioned in the solenama itself but evidence was given as to the payment and the discrepancy with respect to denomination of notes for which the alleged payment wa......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)
....nt No. 1. S.S. Halder, Senior Advocate, instructed by Ranesh Chandra Maitra, Advocate-on-Record—For the Respondent No. 2. Md. Wahidullah, Advocate-on-Record-For the Respondent No. 3. Ex-parte-For the Respondent Nos. 4—5. A.W. Bhuiyan, Additional Attorney General with B Hossain, A...... there seems to be no escape from the proposition that the provisions of section 8(1) of the General Clauses Act apply fully in the present case. If so, the contention of Mr. Hossain objecting to the payment of enhanced court fee under section 35A must fall through. 20. Mr. Asrarul Hossain also ......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: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....hammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 DLR (SC) 155. Lawyers Involved: B. Hossain, Advocate on Record—For the Appellant. Ex-parte—For the Respondent. Civil Appeal No 60 of 1985. (From the judgment and......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....learned Advocate for the respondent, had contended that in view of the two dishonoured cheques and the receipt containing admitted signatures of the managing director (Exts. A, B and C), particularly in view of admission of part of the claim, to the extent of Tk. 9. 25 lacs, the court ......eding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Judge of the High Court Division. 2. An application for winding-up on the ground of non-payment of debt was filed by the respondent-petitioner, a businessman, on 29 July 1986 and it was a......l as the order refusing to dismiss the application or to stay the proceedings. 3. Respondent in his application for winding-up alleged that the company, Amin Scales Limited, took from him a loan of Tk. 48. 65 lacs in two instalments, the first instalment of Tk. 13.65 lacs and the se..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....yeb Ali and others Nausher made a statement confessing that he along with Jalil and Nuru had assaulted Elias in pursuance of a conspiracy in which the other accused, acquitted since then, had participated. Nausher was detained inside the shop of Toyeb Ali from where the police arrested him ...... 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. ...... 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. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....in, Advocate-on-Record —For the Respondent No. 1. A. W. Bhuiyan, Additional Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on -Record—For the Amicus Curiae. Ex parte—For the Respondent Nos. 2—6. Civil Appeal No. 17 of 1985. (From t......d one or more Additional Custodians, Deputy Custodians and Assistant Custodians of Enemy Property for such local areas as may be prescribed and may by order:— (a) require the payment to the prescribed Custodian of money which would but for these rules be payable to or fo......s alleged that respondent Nos. 2-6 were all in India and the mortgaged property vested in the custodian on and from 6th September 1965 in the Deputy Custodian of Enemy Property, that the loan and the mortgage deeds were all fabricated and ante-dated and that the mortgaged property bein..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....interfere to prevent miscarriage of justice caused by wholly unwarranted acquittal. In the case of Siraj Din v. Kala, 16 DLR, SC 95, also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave ......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. ......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. ..Category: Criminal Law | Date: | Hits: 46
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....vidence by P.W. 8 shows an incised wound all round the neck at the upper level of the cricoid cartilage which completely separated head from the body with amongst other a punctured wound on the upper part of the abdomen on the midline just below xiphoid process measuring 2"x1.2” x by cavity throug......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. ......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. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....ossession of tenants including two old tenants namely, M/s. Mushraqui Traders Ltd. and M/S. Neptune Enterprise. Appellant made the tenants inducted by him as well as the allottees of the Government parties to the aforesaid Writ Petition as respondent Nos. 6 and 7. As at the time of issuance of 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. ...... 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)
.... in June 1985. The business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms including Tandy and IFM and also in imparting technical education and training in computer science and technology. The company got a clie......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. ......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 Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....vibazar. Ref: His Memo No. 313 dated 2.5.85. The undersigned is directed to say that it has been decided by the Government to cancel 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......harping 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 was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Director of Fishery cancel......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 1623 of mouza Shahar Khilgaon to the Homeland Insurance Company on receipt of Tk......s admissible. But mere admissibility will not render the evidence trustworthy, for the evidence is to be tested by other evidence and circumstances. Claim of defendant No. 2 is that as a security for payment of the qualifying share of Tk. 30,000/- he had executed the instrument, Ext.1. Had it been s......ed to explain away this Receipt saying that though he had granted the Receipt he did not receive any money. In his written statement he however stated that the money mentioned In the Receipt was "a loan from the Company to purchase the qualifying share therewith". If he had purchased the qualify..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....dash;For the Appellants. Khandkar Mahbubuddin Ahmed, Senior Advocate, Mahbubul Alam, Advocate, Instructed by Miah A. Gafur, Advocate-on-Record—For the Respondents No. 3. Ex parte—For Respondent Nos. 1—2 and 4. Civil appeal No 79 of 1984. (F......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. ......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)
.....C. 34; Karam Chand Thapra 80 I.T.R. 167. Lawyers Involved: Habibul Islam Bhuiyan, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and or......ushiest so far as the agency of Bangladesh River Steamers Ltd. was concerned." 10. Income is a word of broadest connotation and it is not easy to decide whether the particular payment is to be regarded as his capital receipt. The character of the payment varied according to...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....r the project is Tk. 117 lacs, Respondent No. 2 approached Dira Dockyard and Engineers Ltd. appellant No. I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, respondent No.1 and respondent No. 2. According t...... necessary co-operations by the builders. ARTICLE 5. The coasters will be delivered within 6 —8 months from the date of the disbursement of the 1st instalment as per schedule of payment detailed to in Article 3. In case of failure to deliver the coaster within the schedu......, in the Court of District Judge, Dhaka against the appellants and respondent Nos. 2-5 stating that on the prayer of Tapashee Snipping Lines Ltd. (respondent No. 2), respondent No.1 sanctioned the loan of Tk. 700000/-on 31st March 1980 in favour of respondent No. 2 for acquisition of two 600 DWT..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
.... Lawyers Involved: M H Khondkar, Senior Advocate (B. K. Das, Advocate, with him), instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant (In both the cases). Ex-parte—Respondent (In both the cases). Rafiqur Rahman, Senior Advocate, instructed by ......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. ......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
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....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 suit la......entire suit land. Till his death in 1962 he executed as many as 7 registered kabuliyat during the period of 1936-1961 and after his death his heirs defendants 1 to 7 had been possessing the land on payment of rent exclusively for more than 12 years in assertion of their hostile title to the know......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... recognised the defendant as tenant. In this view of the matter, the suit was dismissed. Plaintiff preferred Title Appeal No. 403 of 1968 and the learned Additional District Judge after hearing the parties concurred with the findings of the trial court and dismissed the appeal. 6. Plaintiff fil......landlord and tenant (See Sk. Abdul Latif vs. Malek 38 DLR (AD) 22. Next, when a tenant continues to stay on the land after the termination of the lease, but does so on the terms of the lease and on payment of rent his possession cannot be adverse to the landlord see Raishaeb Pandit vs. Bombay, Bar......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. 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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
.... a paid employee. For the purpose of Madrasah the acquisition was proposed. The superintendent being an employee of the Madrasah got no personal interest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land under acquisition is necessary for imp......ure for temporary injunction restraining defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of......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. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....d shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone………….(49) Law does not require a particular number of witnesses to prove a case. A conviction can be founded even on the testimony ......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. ......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
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