Search Options
Judgment Advanced Search
Displaying 4921-4940 of 5586 results.
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....39 ac e, belonged to Radha Charan Sil and Purna Chandra Sil were recorded in respect of their share. As Radha Charan Sil and Purna Chandra Sil left for India their share was declared as enemy property. From the share of defendant No. 1 and his brother .07 acre in the western side of the sui......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M H Rahman J A. T. M. Afzal J Sudhir Chandra Sil & anr…………………………&......ehalf, and en behalf of her minor son defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land and was residing there. He also made new huts there. As there was some legal difficulty in executing the kabala, the vendors being the members of the Minority Community,..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... been specified in Schedule I of the Act. The rates increase as the value of the suit goes up; but a limit has been set beyond which the amount of the fee shall not go. According to the Schedule, the proper ad valorem court-fee is Tk. 15,000/- when the value of the suit is 11 lacs taka or above. Tha......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; EmÂperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law...... Court was considering a substituÂtion of a schedule (iv) in the Workmen's Compensation Act, 1923 by the Workmen's Compensation (Amendment) Act, 1957. It has been observed that a substitution of one legal provision by another does, in effect, repeal and re-enact an earlier law with or without modif..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....mand or where the proceeding started is a clear abuse of the process of the court, then the court has got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of ...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
.... 1984.
Facts are: One Umesh Chandra Chowdhury,
predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the
appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari.
Appellant was put in possession of the mortgaged property. Umesh C......hman J
A.T.M.
Afzal J
Priyatosh
Talukdar…………………………..Appellant
Vs
Assistant Custodian, Vested and
Non-Resident Property, Chittagong and others .............................Respondents
......offence committed against the provisions of the Defence of Pakistan
Rules continued in force by the said
Ordinance or any order made thereunder;
or
(e) effect any investigation, legal
proceedings or remedy in respect of any such right, privilege, obligation,
liability, forf..
Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......sent: F.K.M.A. Munim CJ Badrul Haider ChowÂdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ......ruitment of the plaintiffs and others of their group (i.e. Group-IV named Jr. Accounts SupÂervisor) and published vide Letter No. DACCA/ SENIORITY/PIN/84/38 dated 5th January, 1984 is correct, legal and binding on all concerned and the senioÂrity list now prepared in violation and contrave..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....quantity of small intestine with mesentery protruding. The opinion was that the injuries on the upper part of the neck correspond with the injuries on the lower part of the head and the neck and fits properly with the neck of the dead body including the colour and structure of the skin of both ......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App...... Penal Code reads as follows: "Whoever, knowing or having reason to believe that an offence has been comÂmitted, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which ma..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....to be the owner of holding No. 67, Motijheel Commercial Area, Dhaka filed Writ Petition No. 288 of 1985 against the respondents challenging the validity of Government orders declaring the aforesaid property as abandoned and refusing to release the same and also its action inviting offers to sell ...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1......5 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the holding in favour of the app..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... Court considered the question of the constitutional obligations on the State when it takes action in exercise of its statutory or executive power and wheÂther the State is entitled to deal with its property In any manner it likes or award a conÂtract to any person it chooses without any constitut......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur...... statutory duty of the respondents to deal with this matter. The argument was repelled by this Court observing before the jurisdicÂtion of the Court can be invoked the person must show that he has a legal right to insist upon such performance. It was observed: "In the Instant case apart from the..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....ble so far as it aims at contradicting or varying the terms of the document. Section 91 of the Evidence Act provides that when the terms of a contÂract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, no evidence shall be given in proof of the te......ed in: 39 DLR (AD) (1987) 78. ......ereafter the agency was terminated but the agent continued in possession; in the suit for injunction by the owner it was held that ‘it cannot be assumed that the moment such an agency is terminated legal possession of the property must be deemed to have passed back to the principal’ and that the..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... that since the appellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to repay the amount in question and the order of attachment of their properties was not legally sustainable. Further, appellant No.1 who had been paid for construc...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &......ellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to repay the amount in question and the order of attachment of their properties was not legally sustainable. Further, appellant No.1 who had been paid for construction of vessels is ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....dence that any material alamat of arson was produced before the Magistrate or any enquiring officer except Ext.1, a muffler and Ext.II saries, burnt blouses, which can hardly be considered as proper alamats of destruction of a hut by fire. In the context of admitted enmity and litigati...... General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal ......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. ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....baki Lal in which a number of reliefs have been held to be mere declaratory reliefs, namely, that the instruments in question are void, that the defendant has acquired no interest in the suit property by the instruments, that these instruments have been brought into existence by forgery and...... Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherp......has been so registered; and such officer shall note on the copy of the instrument contained in hit books the fact of its cancellation." "42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any per..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... case of need or for the benefit of the estate” 7. In Prosanna Kumari Debya and another Vs. Golab Chand Baboo, (1874-75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to ......ip;………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 145 (PC); Maharanee S. Debya ......omise was not kept. 2. Defendant No. 1, the present appellant contested the suit asserting, inter alia, that the suit was not maintainable and that the alleged management committee was not legally constituted and that plaintiff No. 1 had no locus standi to file the suit, that the deity's..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....ation of the plaintiffs' title la certain share of the suit lands. 2. Plaintiffs' case, in short, may be stated that Jobeda Khatun and Md. Hedayet Baksha took raiyati settlement of the suit property of 20 pakhis of land on 2.6.1920 from one Md. Yunus Bepari. It is stated that Jobeda Khatu......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ...... and interest by Hedayet Baksha in 6.5 pakhis of land out of the suit land had been subsisting and they had not been extinguished in any manner and consequently the plaintiffs inherited their legal share from Hedayet and they are entitled to get the same. The appellate court below further f..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....y is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of it. See sections 94 & 95 of the Bengal Municipal Act, 1932. It can acquire and dispose of property. It can acquire land within or outside municipality compulsorily through the Government. Se...... (AD) 16. ......ity for 9 years and it was renewed from time to time upon 1956. 9. The Bengal Municipal Act 1932 proÂvided the constitution of the Municipality and it provided further that the Municipality is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of i..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....rely superintendent of the Madrasah and 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......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an......on 14A of the (Emergency) RequiÂsition of Property Act. 1948 offers no bar against filing the suit in the Civil Court for determining the question as to whether the order of requisition itself was illegal, ultra vires without jurisdiction and malafide. He referred to the following cases: 1) Sec..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....bdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was also suggested that the accused Muslim had claims over the property which was purchased by Khursheda, daughter of Hatem Hajj. It was also suggested by KaÂmini...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ......f the presence of Nanu at Chashara station on duty excepting what appeared from the record. Also, these witnesses are none else than Nanu's colleagues. Some person having any design to perform some illegal act elsewhere may easily manipulate such entries in the record. Even so, such manipulation has..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....nt Vs. Lodu Mia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the ap......ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to......1979 of the Court of SuborÂdinate 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 ..Category: Property Law | Date: | Hits: 42
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....d according to law and Companies Articles, there has been no compliance with the provisions of this section. In such an eventuality the Company Judge is authorised under section 79(3) to order that a proper balance-sheet and accounts be prepared and placed in a General Meeting. He submitted that as ......¦â€¦â€¦â€¦â€¦â€¦...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ......opy of the balance-sheet was sent to the respondents prior to holding the Annual General Meeting and the placing of the balance-sheet in the meeting held on 15th and 22nd May 1985 was, thereÂfore, illegal, Also, in view of Articles 7,9, 82,86 and 87 of the Articles of Association of the Company whi..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... the list of Abandoned Properties by an order dated 22 September 1972, and by a subsequent order dated 19 March 1974 mutated the names of the appellant and his mother and two sisters as owners of the properÂty. Thereafter, a part of the house in the ground floor, was taken lease of under a Deed of ...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ...... 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
16561654165216501648164716461643164216381637163616351634163316321631163016281627