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Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... the Court must be satisfied that it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18) The learned counsels of the parties having expressed their agreement on the terms placed before the Court with certain modificat...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A.W. Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For Respondent Nos. 1, 2 and 5. Ex-parte—for Respondent Nos. 3 and 4. Civil Appeal No. 20 of 1986. (From the judgment and orde......; he is the Military Estate Officer. It is the Military Estate Officer who had signed the Lease Deed dated 22 September 1972 on behalf of the lessee, the Government of Bangladesh; it is he who made payment of rent of the premises to the lessor, the plaintiff, till default started, and it is he upo...... 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 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....not arise as because all of them were not involved in managing the affairs 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 duri......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. ......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. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....aring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
.... V. Ghulam Din, (1967) 19 DLR (SC) 143. Lawyers Involved: Miah Abdul Gufur, Advocate-on-Record—For the Appellant. Md. Aftab Hossain, Advocate-on-Record— for Respondent Nos. 1—3. Ex-parte- Respondents No. 4—32. Civil Appeal No. 21 of 1984. (From the judgment and order date......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first party in a proceeding under section 145 of the Code of Criminal Procedure. The petition for drawin......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... started after the provision for assessor was withdrawn…………(8 & 10) Since the act of murder was committed in furtherance of the common object of all the accused and all of them in fact participated in the occurrence in different manner with such common intention, the learned Additiona...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....arpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesda......the Salimabad hat to be held on Wednesday and Sunday which was approved by the defendant No. 2. The revenue authorities under Sairat Case No. 302 of 1983 B.S. leased the hat for the year 1383 B.S. on payment of due bid money to the Secretary, Salimabad Girls High School. Then in 1977 the defendant N......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreement, such agreement can never be void because the law has not made it an unlawful ...........Appellant Vs Abdul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so......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 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....Advocates, Court Sub-Inspector and the litigant public who were inside the Court room, 3. On 26th December 1983 appellant summoned respondent No. 2 in his chamber and in presence of one on the parties to a criminal proceeding and directed respondent No. 2 to dispose of the case according to h...... defiance of the majesty of law. For the reasons stated above, the appeal is dismissed. 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 ......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 ..Category: Criminal Law | Date: | Hits: 49
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....e Baramoni a prostitute of Natore and that boy is defendant No. 1." That was the main case of the plaintiff it is not necessary for this court to go into the details of evidence that was led by the parties for it is apparent that the bone of contention between the parties over the Mutwalliship w...... 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. ...... 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. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....sif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition. 3. Main contesting defendant in the suit was defendant No. 49, who by filing separat......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 ......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 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
.... rent exclusive of cesses of Tk. 49/8/- payable in two instalments, one in August and another in January, Appellant's predecessor purchased 11.75 acres of lands as detailed in Schedule 2 which is a part of Schedule 1 lands by a kabala dated 12th May 1936, His name was mutated in Mutation Case No......ld pay Tk. 12/4/- and other two co-sharers would pay Tk. 37/4/- Plaintiff-appellant was in specific possession of Schedule 2 lands by demarcation and fencing all around since his purchase. Due to non-payment of the due share of rent of the aforesaid co-sharers for the instalment of January 1953 the ......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....Ali, Advocate-on-Record- For the Appellant. T.H. Khan, Senior Advocate, (M.A. Wahab Miah, Advocate, with him), instructed by Md Aftab Hossain, Advocate on Record—For the Respondent No.1. Ex-parte- For the Respondent Nos. 3-13. Civil Appeal No. 103 of 1984 (From the Judgment and orde......y 27, 1986. The Evidence Act, 1872 (I of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the t......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..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....ble. His possession 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 Inv......intiff has no possession and the suit is liable to be dismissed the case of defendants No. 2-3 was that they took; pattan of 3 acres of land out of the suit Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a po......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 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank......vants as they are for all purposes staff of the banks and their service conditions are governed by the rules and regulations of the banks. The matter went before the Government in connection with the payment of recreation allowance to employees of the land mortgage banks when the Government introduc......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)
.... on these allegations Santushti Begum lodged a complaint against Nurul Islam, his uncle and other relations alleging that her father was assaulted and she was sought to be abducted by Nurul Islam's party, whereupon a counter-case was also started. 4. The prosecution examined 9 witnesses includi......rul Islam had married Santusti Begum, daughter of accused Mujaffar Ali of village Dudhiagacha, 4 miles from the informant's house, about 1 ½ years before the incident in question. On a dispute about payment of dowry accused Mujaffar Ali did not allow his daughter to go back to her husband's house, ...... 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
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....cated person swore the affidavit stating that "the statements made in the annexed petition of compromise are true to my knowledge". Thus the terms and conditions of the decree on compromise hound the parties to the decree. 3. As the respondent Company failed to repay the monthly installments from......ns relating to the remedy provided against the loaner concerns, it appears that the legislature in enacting this special law, intended to provide speedy remedy. Obviously, speedy remedy against non-payment of dues or breach of any obligations under the agreement with the Bank is seen to be its sol...... miscellaneous case and the title suit should be heard together. The learned Counsel further submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanc..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....erred in law in taking the view "the modes of levying of tax under sections 23(3) and 18A are completely different". The learned Counsel contended that section 184 is not an independent proceeding apart from regular assessment under sub-section 23(3) and as such no fresh notice is required for l......d determine the sum payable by the assessee on the basis of such assessment. Section 18A (8) reads as under: "Where, no making the regular assessment, the Deputy Commissioner of Taxes finds that payment of tax was not been made in accordance with the foregoing provisions of this section, addi......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
....biddings, they had engaged appellant Muslim Khan, Revenue-Agent, by executing a Vakalatnama which was also referred 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 o...... 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....... 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...Category: Criminal Law | Date: | Hits: 69
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