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Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....uently that is, after the impugned transfer. It was also held that respondent No. 1 had no knowledge of the impugned transfer before 17th April 1980. Application for preemption was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether responde......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....śwhen the original has been desÂtroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time.” It is further provided in cases of (a), (c) and (d) that secondary evidence of the contents......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....efendant No. 6 was the mother of defendant No.1 Defendant Nos. 1 and 6 left for India about one and half year after the Indo-Pakistan war in 1965. Their share was declared as enemy property. At the time of his migration to India defendant No.1 Radhika Mohan Sil (now deceased) sold his hut o......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
.... part of the decree when there was no permission from the Court for compromising the suit on behalf of the minors as requited by rule 7 of Order 32 of the Code of Civil procedure. 8. At the time of hearing of the appeal the appellant submitted in person that he was unable to engage a Coun......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....981 it will be clear that the intention of the legislature was to super-impose the provision of section 35A upon the amounts of ad valorem court-fee as shown in the Schedule which may be amended from time to time. In section 35A, reference was made to the Schedule of 1960 simply because that schedul......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
.... governs an application under section 115 of the Civil Procedure Code. It merely laid emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time limit. 5. There is a long practice being followed since the days of Dhaka High Court t......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ..Category: Procedural Law | Date: | Hits: 102
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....onspiracy in which the other accused, acquitted since then, had participated. Nausher was detained inside the shop of Toyeb Ali from where the police arrested him within four hours. In the meantime, the injured Elias was brought home, but expired within a few minutes whereupon the informant...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
....cree obtained by
appellant.
5. The miscellaneous case was,
however, allowed by the learned Subordinate Judge who found that respondent Nos.
2-6 were not in Pakistan at the relevant point of time, that the respondents
came within the definition of enemy as
given in Rule 161 of the D......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....ike this no members of the locality come forward either to express sympathy with the victims or to depose against those persons who clear the village of the bad characters. Even the police sometimes display antipathy towards such criminals. Non-recovery of the dead bodies from the mud well b......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ted to the next higher post as Junior Account Supervisor in July 1981. AccordÂing to respondents, the seniority list prepared on 30th September 1980 violated the merit list which was prepared at the time of selection of 42 Senior Account Assistants. On represÂentations respondents were given senio......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. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....hey suspected that Ashraf had been murdered. The informant at once ran to Srimongal to inform the police and on his way he met Vice-Chairman Fazlul Haque and narÂrated the occurrence to him. At that time Profulla Kumar Das (P.W. 9) came there and said that on the previous night he had seen the dece......t may act; but the section does not say that the confession is to amount to proof. Clearly there must be other element in the consideration of all the facts proved in the case; it can be put into the scale and weighed with other evidence.’ This court then noticed the observation of the India..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....Ltd. and M/S. Neptune Enterprise. Appellant made the tenants inducted by him as well as the allottees of the Government parties to the aforesaid Writ Petition as respondent Nos. 6 and 7. As at the time of issuance of the Rule Nisi it was found that respondents Nos. 6 and 7 were not necessary par...... 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. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....iness. 3. Immediately after the proceeding for winding-up was started, appellants filed an application seeking injunction against the Chairman-respondent alleging that at about the time the application for winding-up of the company was filed, the Chairman surreptitiously and frau......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. ..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)
....use was found to the satisfaction of the Court for non-appearance of the appellant the petition of review ought to have been restored. Section 5 of the Limitation Act provides for extension of time for an application of review but not for the restoration of an application for review reject&s......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. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....hould show some development work in April, 1984, the District Fishery authorities reported that the appellant satisfactorily completed the stipulated development work of the fishery. 4. In the meantime it was detected that in calculating rent of the fishery an error had crept in, inasmuch as the ......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....e purchased land deputed its officers to demarcate the area and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that th...... 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. ..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....late court rightly dismissed the suit when the documentary evidence as to the ownership, use and mode of transfer of 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 corr......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. ..Category: Property Law | Date: | Hits: 37
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....n 6 —8 months from the date of the disbursement of the 1st instalment as per schedule of payment detailed to in Article 3. In case of failure to deliver the coaster within the schedule time the builder shall be liable to pay the Purchaser a compensation @ Tk. 1000/-(Taka one thous......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. ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
.... the southeast corner of the hut. The accused Hossain took away one steel trunk containing Caries, petty-coats, blouses etc. Tk 550/- in cash and also six plates from the ceiling of the hut. At the time of the retreat the accused Montu sprayed kerosine oil on the hut's straw-roof and the accused ......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)
....in and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of Tk. 2000/-, that on the following evening, at Magreb prayer time, she was taken to the house of Dabiruddin where she was paid Tk. 200/- as earnest money and s......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. ..Category: Property Law | Date: | Hits: 86
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