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Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....hman, Senior Advocate (Fakir AbÂdul Mannan, Advocate with him) instructed by Serajur Rahman, Advocate-on-Record—For the Respondents. Civil Appeal No. 3 of 1986. (From the Judgment and Order dated 11-9-85 passed by the High Court Division, Dhaka in Civil ReÂvision No. 506 of 1985.) Judg......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. ...... concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as SeÂnior Account Assistants. In the list prepared in order of merit respondent No..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....-on-Record.- For the Appellant. Habib Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Criminal Appeal No. 16 of 1985. (From the judgment and order dated 17.11.1983 pasÂsed by the High Court Division, Comilla BeÂnch, in Criminal (death) Reference......e inculpatory portion as true which received corroboration from his subsequent absconsion when on 18.5.76 he was arrested from the house of his father-in-law from a different village. The trial court noticed that the evidence on record proved that the deceased was last seen in the company of both th......leave is directed against an order of acquiÂttal passed by the High Court Division in Criminal Reference No. 1(C) of 1982 and Appeal No. 40(C) of 1982. The High Court Division rejected the reference for confirmaÂtion of sentence of death of accused No. 1 and allowed the appeal after setting aside ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....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 1915.) ......d property. Appellant succeeded in obtaining a Rule Nisi issued upon respondent Nos. 1-5 on 18th August 1985 to show-cause as to why Memo. No. dec. 12/1-Moti-55/82 (port)/88 dated 9.3.85 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid ho...... claims 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..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... Syed Sakhawat Ali, Advocate-on-Record.—For respondent Nos. 1 and 3. Ex-parte.—Respondent Nos. 2 and 4-6. Civil Appeal No. 91 of 1984. (From the judgment and order dated 14th November, 1983 passed by the High Courts Division, Dhaka in Civil Revision No. 248 of 1......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. ......gment M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a disp..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....Senior Advocate, M.R. Wahab Mia, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 3. Civil Appeal No. 36 of 1986. (From the judgment and order dated 23.4.1986 passed by the High Court Division, Dhaka Bench in Writ Petition No. 179 of 1985.) ...... are, therefore, requested to deposit the balance amount of Tk. 96.000,00 being the rent of 1390 B.S. immeÂdiately." This rent was paid on 25th Baisak 1390 B.S, corresponding to 9.5.83. It may be noticed in course of proceeding before the High Court Division the respondent contended as per the l...... the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping 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 ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....vocate, A. B. M. Khairul Huq Advocate, Supreme Court, with him instructed by Md. Nurul Huq, Advocate on Record—For the ResponÂdent. Civil Appeal No. 6 of 1985. (From the judgment and order dated 21-8-84 passed by the High Court Division, Dhaka, in Civil Revision No.3 of 1984). Judgmen......h of the alleged oral gift of the suit land in the year 1967. Contention of the Corporation is that mutation of the appellant name on cancellation of its name was made behind its back and without any notice. Be that as it may, this mutation having been brought about during the pendency of the suit i....... Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is wheÂther the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the deÂfendants-appellants is maintainable. 2. Plaintiff-respo..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
.... Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.85 passed by the High Court Division, Camilla in Civil Revision No. 218 of 1984.) ......ased the interest of Aswini from his sons by a kabala on 20th November, 1974. The petitioners wanted to pre-empt that kabala on the grounds that the purchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground tha...... Lawyers Involved: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.8..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....te, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Exparte —For Respondent. Civil Appeal No. 15 or 1983. (From the judgment and order dated 11th January 1984 passed by the High Court Division Dhaka Bench, in Application No. 24 of 19......s received as remuneration in the normal course of the business as per clause 5 of the agreement date 31-12-60. 8. In a well-considered judgment the Income Tax Appellate Tribunal noticed that the loss of Secretaryship did not affect the income earning apparatus of the comp......of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was executed between the assessee and B...Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ahab Miah, Advocates with him), instructed by Syed Sakhawat Ali, Advocate on Record-For the Respondent Nos. 2-6. Civil Appeal No. 37 of 1985. (From the Judgment and Order dated 22-8-4 passed by the High Court Division, Dhaka in First Miscellaneous Appeal No. 98 of......ne diesel engines neither such completion nor delivery was made. As a result of the violations of the contract by appellant No. 1 dispute arose between it and the Sangstha. Respondent No.1 served a notice under Article 32 of the Bangladesh Shilpa Rin Sangstha Order (President’s Order No, 1......pa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972). 2. Facts are: Respondent No. 1, namely, Bangladesh Shilpa Rin Sangstha, hereinafter called the Sangstha instituted the aforesaid Miscellaneous Case No. 117 of 1983, in the Court of District Judge, Dhaka against the appe..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....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 appeal No........ In the context of admitted enmity and litigation between the parties, we think it rather unsafe to uphold the order of conviction on the basis of oral evidence alone as the circumstances as noticed above raise reasonable doubt as to the truth of the complainant's case of burning down...... Criminal appeal No. 83 of 1983). Judgment: M H. Rahman J. - In a trial for house-trespass and mischief by fire on a dwelling hut the trial court convicted the two a..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....hman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the added Respondents (In both the cases). Civil Appeal Nos 26 and 27 of 1984. (From the judgement and decree dated 16-2-83 passed by the High Court Division, Comilla Bench, in Second Appeal Nos, 402 and 403 ......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. ......ught to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. 87 of 1969, recipient of the sale-deed namely, the appellant prayed for establishment of her title on the basis of the said sale-deed. The sale-deed has been held 'voi..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
.... Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos. 1 & 2. Abated vide Court's Order dated 21.1.85— For the Respondent Nos. 39-40 & 47. Ex-Parte-For the Respondent Nos......stered kabuliyat dated 9th Jaistha 1327 B.S. corresponding to 2.6.1920. Since that settlement both the tenants possessed in ejmali the entire 20 pakhis of land which is that suit land. 8. As noticed earlier Hedayet Baksha died in 1934 or 1935 leaving behind the plaintiffs. But of 13.1/2 pa......urt 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 sui..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....Senior Advocate, Rokanuddin Mahmud, Advocate with him instrucÂted by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1. Civil Appeal No. 43 of 1985. (From the Judgment and Order dated 21.1.85 passed by the High court Division, Chittagong in Civil Revision No. 128 of 1978). ......iring body stated in its proposal for requisition that the land was necessary for extension of existing Madrasah building but the order for requisition was passed for vocational training cenÂtre. No notice as enjoined by law was served upon the plaintiffs. All these acts reÂvealed the malafide of ......t has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advantage of..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....structed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellants. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 58 of 1983. From the Judgment and Order dated 30.583 passed by the High Court Division, Dhaka in Criminal Appeal No.3 of 1982. Judgment ......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. ......0th May, 1983. 2 Facts as stated in the ejahar which was recorded by Officer-in-Charge, Kuliarchar P.S. are that on the night of 31st Bhadra, 1386 B.S. corresponding to 17th September 1979 when; informant Majeda Khatun was sleeping with her husband Idris Miah and two daughters, Minara Khatun and ..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....Mia, Advocate with him instructed by Md. Aftab Hossain, Advocate-on- Record— For respondent No. 1. EX-parte- Respondent Nos. 2-5. Civil Appeal No. 71 of 1985. (From the Judgment and Order dated 30.10.84 passed by the High Court Division, Comilla Civil Revision No. 140 of 1983). Judgme......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 ......sion, Comilla (Mr. Justice A.T.M. Afzal and Justice Nurul Huque Bhuiyan on 30th October 1984). 2. Respondent No 1 instituted Title Suit No. 181 of 1979 in the court of Subordinate Judge, Noakhali for declaration that the suit land was not vested and non-resident property. Allegations were that t..Category: Property Law | Date: | Hits: 42
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....rned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for t......l in the impugned order not with standing our concern that offence under Sections 302/34 Penal Code involving so many persons escaped trial in the court of law. The learned Judges, however, noticed that the case was pending since before 8.8.83 and it had to be disposed of before 31.12.83 a......tal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of the pr..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
..... M. Zahir, Senior Advocate (Mahbubey Alam, Advocate with him instructed by Ahmed Nurur Reza, Advocate-on-Record-For the Respondents. Civil Appeal No. 17 of 1986. (From the Judgment & Order dated 20.11.85 passed by the High Court Division, Dhaka in Matter No. 13 of 1986.) Judgment: ......ver, refused to comply with this request. A meeting of the Board of Directors was called by appellant on 2nd September 1984. No appropriate agenda of the meeting was given Respondents, however gave a notice calling the meeting of Board of Directors on 30th SepÂtember 1984. They however, went to the......76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Before exercising the powers conferred under section 79 (3), the Court must be satisfied that it has b..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... & others………………………Respondent Judgment 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 stat......une 1981 after which no further renewal was sought. Rent was paid upto April 1981 and since then no rent was paid. The appellant determined the tenancy with effect from 30 September 1981 by serving a notice under the Transfer of Property Act, but as the premises was not vacated the appellant filed t......Estate Officers as specified in the Schedule of the said Notification, to sign and verify the plaint or written stateÂment in a suit by or against the GovernÂment. The Deputy Commissioner has, therefore, no competence to do it. In respect of the Ministry of Defence, under sub-head "Military..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....ul Hague Siddique, Advocate-on-Record- For the Respondent No. 1 (W). Ex-parte—For the Respondent No. 1(a), 1(c), 1(2) & 2. Civil appeal No 125 of 1984. (From the Judgment and Order dated 1st April, 1984 Passed by the High Court Division, Chittagong in First Appeal No. 17(c) of 198......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. ......testing witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, its nature, genuineness and its validity. There must be some tangible justification for making such a claim or resisting this consequences arising from the agreement……(12) ..Category: Criminal Law | Date: | Hits: 88
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents (In both the cases). Criminal Petitions for Special Leave to Appeal Nos. 52 & 53 of 1985. (From the judgment and order dated 28-5-85 passed by the High Court Division, Dhaka in Criminal Revision No. 106 & 107 of 1984, r......fully challenged in revision by the informant before the High Court Division. 3. Mr. Abdul Malek learned Advocate has appeared for the petitioners in both the petitions. He has tried to argue that notice of the Revisional Applications on which the Magistrate's order was challenged before the High......t May 8, 1986. The Code Criminal Procedure, 1898 (V of 1898), Section 494 Under this provision of section 494 of the Code the Public Prosecutor alone is authorised to file an application for withdrawn of a case from the prosecution. In this case the Magistrate having passed the order of..Category: Criminal Law | Date: | Hits: 71
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