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Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....laim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who having endorsed in the resolution of selling the property, did not come forward to file written statement for contesting the suit, they also cannot c......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......re is no development committee known as Chatteswari Development Committee having the power to transfer the property of the deity, respondent Nos. 1 (a) and 1(b) have no power of transfer, there is no legal necessity for sale of the property and if the appellant produced any agreement of sale it is a..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....ecounting by the Tribunal after a time gap of about 9 months, then the returned candidate could not be saddled with its responsibility and the rejection of these votes would be wholly illegal and improper Bui if those double marks were there from before, that is. Those markings had been made by th...... 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 reopening the sealed packet unless the recounting beco...... The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one centre without declaring result of the election void, is illegal……(8) Recounting of the ballot papers by a Tribunal long after the election should ordin..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....of votes has casts and since there was no tie the rest of the provision of sub rule (5) need not be considered. 6. It is distressing to note that the Courts bellow have not considered the rules in proper perspective in this case. In the case of member the Presiding Officer after counting will dec.......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris......finding was: “Considering the materials on record and the circumstances of the case I find the Presiding Officer and the Returning Officer concerned, being influenced by the appellant illegally, recounted the votes only to vary the result of the election which was arrived at by the c..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ecision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Civil Procedure Code, in support of his argument that refusal of extension of time was illegal and improper in the circumstances of the case. 6. The contention of the learned Advocate that operation...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ......ied on the decision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Civil Procedure Code, in support of his argument that refusal of extension of time was illegal and improper in the circumstances of the case. 6. The contention of the learned Advocate th..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....sation from the District Magistrate Whether there had been any authorisation or not would be known only to the District Magistrate and the Additional District Magistrate. Furthermore, it would not be proper to expect that the public it large would raise the question of authorisation before the Addit.............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......trate, Kushtia by which he directed respondent No. 3, Officer-in-Charge of Police Station, Kushtia to enter upon and seize all unauthorized newspapers, documents and press and printing materials is illegal, without lawful authority and of no legal effect. The order which was passed in exercise of ..Category: Information Technology Law | Date: | Hits: 226
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... 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 ...... The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the Code of Criminal Pr......hem. The trial actually started on 16.03.1981 and it is the date which should be reckoned as the starting point of the trial. The High Court Division committed no error in holding that there was no illegality in the trial without the aid of the assessors as because the trial started after the provis..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ation dated 11th April 1978 published in the Bangladesh Gazette on 20th April 1978, no right in relation to Salimabad hat can any longer be claimed by the appellants. These considerations apart, on proper inquiries Government arrived at the decision whose validity his been challenged before the ......DLR (AD) (1986) 201. ......limabad hat in an old hat, and is entitled to sit on Tuesday and Friday in a week as usual; (b) that a decree be passed declaring that the order dated 26.12.72 passed by the defendant No. 2 is illegal, void, imperative and of no legal effect; (c) that a decree be pasted declaring that the ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... pending. Two voters invoked the writ jurisdiction of the High Court challenging the validity of the election. Question-arose whether in the presence of an equally efficacious remedy it would be proper for the High Court to entertain a writ petition. While observing that under the writ jurisd......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………......a designata'. 12. What is meant by the expression 'persona designata' is available from its definition in Aiyar's Law Lexicon of British India: "Where a person is indicated in a statute or legal instrument not by name, but either by an official designation or as one of a class a questi..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....iff’s first cousin (Khalato sister) and Amir Ali was himself one of the witnesses of this marriage. Rent Receipt Ext. E series between 1953 to 1957 show that Khorshed rented a part of the wakf property from his father Amir Ali and he was shown as first son of Amir Ali. The most important doc...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......al evidence that was adduced by the defendant to show that Amir Ali acknowledged Khorshed Alam as his son, this judgment proceeds on the basis of the written acknowledgement of the sonship and the legal consequence thereof. 14. Baillie says that the acknowledgement by a man of a child is vali..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....al Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by law, result being that properties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/- Defendant-responden...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (...... Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (X of 1897) Section 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was pre..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... medical and other expenses there. Further, the boy being stricken with a critical disease as mentioned above is very much dependent on her mother who alone can give him tender affection and take proper care, both medically, and otherwise. It was never true that the boy was ever maltreated by he......D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ......nion of a particular school of law, such as Hanafi, one of the four major schools of law governing Sunnis in Bangladesh. Needless to mention that so far as personal laws of Muslims are concerned when legal dispute arises between Muslims, rules enunciated in the Hanafi School of law are applied. ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These ......tion 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 tenancy and restores possession to the landlord. Once a......ower Appellate Court on the question whether the respondents were tenants by 'holding-over' under the appellant. The learned Advocate has criticised the learned Single Judge for, what he terms, illegally rejecting the appellant's documentary evidence including a clear admission of the respondent..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....-operative Societies Act, primarily and basically a cooperative society, the objects of which include the creation not funds to be lent to members on long terms upon mortgage of their immovable property; and a "co operative society" means a society registered under this Act. Status and managem......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......y, namely, the Registrar, Co-operative Societies. The learned Munsif, by his judgment dated 24 December 1976, dismissed the suit holding that he was not a government servant and as such he got no legal right to be enforced by any court. He preferred an-appeal (Title Appeal No. 11 of 1977), but t..Category: Employment/Service Law | Date: | Hits: 124
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....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. ......appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view that a separ......ecision has no manner of application as it was given under section 33A and it was held that the opportunity of hearing should be given to the assessee otherwise the proceeding would be void and of no legal effect. Section 23(2) provides that the Deputy Commissioner of Taxes may issue notice upon the..Category: Fiscal/Taxation Law | Date: | Hits: 95
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....resh agreement was executed by respondent No. 1 in favour of the firm on 2nd September 1968. During November 1971 the Managing Partner of tae appellant firm went on pilgrimage in Mecca after making proper arrangement; for managing and operating the petrol pump; a special Power of Attorney as exe......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......hen the petrol, pump is being run by respondent No. 2. The Managing Partner of the firm tried his best to get back the pump station but due to the political pressure extended by respondent No. 2 no legal relief could be obtained by him. However, on 13th January 1975 a formal legal notice was serve..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....n misrepresentation of the prospectus; where shares of company have issued at a discount; where there is no valid allotment of shares; where allotment is irregular; where transfer of share has been improperly registeired or registration has been refused. Where the Company put in the register mat......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti......could not be registered as share-holder in place of late M. A. Jalil inasmuch as the heirs did non file any Succession Certificate to the Company, (c) the heirs of M. A. Jalil did not comply with the legal formalities as provided in the Articles of Association before their names could de entered int..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Farruk Ahmed...................Appellant Vs. Abdul Kader Chowdhury and others.…………………Respondents Judgment July 10, 1985. Result: The Appeal ......diction of the High Court can be invoked may also arise, in Cases filling under this category the allegations made against the accused person do constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fail..Category: Criminal Law | Date: | Hits: 105
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....d rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plai......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and....... 10. Distress warrant is one of the most effectual remedies for recovery of rent and taxes. The term 'distress' primarily connotes a summary remedy by which the person is entitled without further legal process to take into his possession the effects belonging to another person for payment of ren..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on th......rder as to costs. Ed. ...... to depose and he was not given an opportunity to explain the admission contained therein, as is required under the provision of section 145 of the Evidence Act, the said document had not been legally proved and, in support of the said view, relied upon the judgment of a Full Bench of t..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....t to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calculation of the additional tax due from the assessee." Thereafter, upon fresh calculation ......with out any order as to costs. Ed. ...... this Act;" 7. The High Court, accordingly, came to the conclusion that the impugned orders of the Income-tax Officer as well as those of the Commissioner were without lawful authority and of no legal effect. 8. With a view to facilitating a close examination of its language and content, s..Category: Fiscal/Taxation Law | Date: | Hits: 77
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