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State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....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. ......on as well as against the person who makes such confession." The explanation says offence includes the abetment of or attempt to commit the offence. 22. It is unnecessary to go into long line of decisions which has firmly settled that such confessional statement can be taken into consideratio..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... 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. ......rocedure Code and also having regard to the facts of the present case he submitted that their inclusion was not at all necessary. In support of his contentions the learned Counsel relied on a decision of this Court in Civil Appeal No. 21 of 1986. 5. On the other hand, Mr. Rafique-ul-..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....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. ......early Intended to pass off the respondents, business as that of the appellant-company and as such. It is a clear case of 'passing-off'. In support of this contention he has relied upon a number of decisions. Before we consider them we propose to see what is meant by "passing off" ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......ia 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, prescribed by a special law came up for decision in that case. The decision reported in 27 I.C. 703 is worth quoting for its admirable brev..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....t 1897 East Bengal Protection and Conservation of Fish, Act, 1950 and E.P. Government Fisheries Protection Ordinance 24 of 1955. It is contended that fishery all through was State managed and the legislative recognition can be found. In section 76 of the State Acquisition and Tenancy Act read wi...... 40 pages the question whether contractual obligations should be enforced in the writ jurisdiction and whether equity of promissory estoppel should be attracted in the facts of the case. 19. A decision is to be given on the facts litigated upon and any other observations are to be avoided w..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......he got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men in the erection of a boundary wall. On these findings the suit was decreed. This decision was challenged by the defendants by a revisional application before the High Court Divisi..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....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. ......the impartible property clearly indicated that the plaintiff had at no point of time raised any claim or had any possession in the 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 ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... 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. ......uot;for the loss of your office as an agency to the Company." It is well settled that a case law is to be understood in the light of the facts of the given case. The Privy Council in that decision pointedly referred "once it is admitted that they were sums received not for carrying..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......rict Judge'. In 1965 by an amending Ordinance the definition of the term ‘loan’ was inserted which included a guarantee. This amendment could not however, be relied on as the decision of the High Court was given before this amendment was made, Even so, the Supreme Cour..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....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. ......e of proper alamats of a burnt hut and complainant's failure (or avoidance) to go to the Police station, so near to the place of occurrence, and such omission, in our opinion, has affected the decision based merely on oral evidence and cause a miscarriage of justice. That there could be..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....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. ......uch a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and..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. ......y a local custom, or by a practice, of the institution, to grant lands in that manner. 10. In that case it is further noted that the phrase ‘benefit of the estate", as used in the decision with regard to the circumstances justifying an alienation by the manager for an infant he..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....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. ......to the knowledge of the latter. It was noticed that these elements had not been proved by the defendants. Sole possession is not exclusive or adverse possession. Reliance was placed on long line of decisions especially in the case of Bindhu Bala De & another Vs. Rebati Mohan De & ors repo..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....the Requisition Act and even the mala fide cannot be investigate:), inasmuch as, such suit initially is not maintainable and expressly such suit has been barred, It has been argued that the express legislative intention clearly shows 'hands off doctrine although no authority was cited for such pro......l Court have jurisdiction to examine the Question whether the order of requisition was a nullity being illegal, ultra vires, without jurisdiction and malafide, the learned Counsel cited the following decisions: 1) Secretary of State vs. Mask & Co., 44 CWN 70=AIR 1940 PC 105; 2) Mian Moha..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ......al Court. The appeal is dismissed. Badrul Haider Chowdhury J.-I have gone through the judgment written by my Lord the Chief Justice and my learned brother Shahabuddin Ahmed J. I concur with the decision of Shahabuddin Ahmed J. Shahabuddin Ahmed J.—In this appeal by seven persons convicte..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate 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 ......t should be looked into. It was, not a title suit. It was more a suit foe declaration that the suit land is not vested and non-resident property. Reliance was placed by the High Court Division in the decision reported in 31 DLR 107. It was not warranted inasmuch as the defendant being a lessee has h..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 ......in Ahmed J.- In this appeal by special leave the only question for consideration is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file written statement in a suit against the G..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....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. ......itness in the agreement Ext. 2, his attestation cannot operate as estoppel so as to render him unfit to challenge its effectiveness as an agreement, Appellant's Counsel Syed Ishtiaq Ahmed cited the decision of Bhagwan Singh vs. Ujagar Singh, AIR 1928 PC 20. In this case, while observing that "atte..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....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. ......as granted to consider whether the learned Single Judge, of the High Court Division, while setting aside the Tribunal's order for fresh election in one of the three Centers, correctly appreciated our decision in the case of Mofazzal Hossain Vs. Election Commissioner, (1976) 28 DLR (AD) 51 and rightl..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....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 ......ing result of the votes in a plain-sheet of paper by the Presiding Officer and the first court. In view of the aforesaid the Tribunal allowed the petition and declared the appellant as Chairman. This decision was affirmed by the District Judge on appeal. The Appellate Court below found that tee coun..Category: Election Law | Date: | Hits: 126
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