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Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ht to strike out from the order as pasted and entered the words, "and proceeds of investment of profits" and also toe reference to the collieries in which the testator was not interested at the time of his death, as they relate to what was no part of the matter then before us, and therefore,......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....esses of the sale were duly and legally issued and served upon the recorded tenants of the jute. Defendant had no collusion with anybody and he purchased jute at an adequate and proper price at the time of sale of the jute for arrears of rent. Since 24th June 1953, the date of bit purchase, and ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... On 16th July 1977 respondent No.3 on getting a job left for Saudi Arabia leaving the boy with tha appellant. In July, 1978 she came back home and after two months again left for Saudi Arabia. This time she took the boy with her. Appellant also went so Saudi Arabia and lived with responded Bt No.3......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....roperty; and no person who came upon any immovable property by the license of She person in possession. Thereof shall be permitted to deny that such person had a title to such possession at the time when such license was given." The estoppel as described in this section is known as tena......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....940 he acquired tenancy right to the submit land but the suit land has been recorded as khas land of the Government. In 1964 he wanted to pay rent to the Hogla Tahsil Kutchery and there for the first time he came to know that in the rent-roll the suit land has been wrongly shown as khas land of the ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....xt. 1, shows that the respondent was appointed by the Registrar as "a temporary Searching Clerk of the Dhaka Land mortgage Bank". He was promoted as Clerk of the Bank which post he was holding at the time of the impugned dismissal ''Co-operative Land Mortgage Bank" is as defined in section 2(e) of t......r, to be precise, by the Assistant Registrar; that the respondent drew his salary from the Accountant General and was given all service benefits to which other government servants are entitled. Pay-scales of the respondent and other employees of the bank, it was pointed out were prescribed by the ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....secution’ explained A witness may be tendered by the prosecution if his evidence is not of much importance or his evidence will make unnecessary addition to the evidence already adduced. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something und...... conviction is set aside and they 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) 75. ..Category: Criminal Law | Date: | Hits: 60
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....nt filed by the complainant-respondent was a complaint as contemplated under section 4 (h) of the same Code. The mode of trial dealing with offences of any other law, subject to any enactment for the time being in force, has been prescribed under section 5 (2) of the Code. When the special Act is si......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....r and lack of knowledge of his whereabouts. Further, though the letter dated 20th January 1972 discloses the intention of making an inventory of the goods which is belonging to the appellant at the time of taking over, no such inventory was ever made either before or after taking over of the Filli......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....parately. In repelling the contention the Company Judge framed preliminary issues and decided in favour of taking up both the matters together on the ground that separate petition “will be both time consuming and expensive". Be it noted that the petition for winding up is still pending befor...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....ng covering plot No. 94 and halt of plot No. 940 and the kitchen and latrine stands in the suit plot No. 16. It is stated in the plaint that Sen Brothers were the Bharatias; the defendant No.1 at one time forcibly occupied the first floor of the liking whereupon the Sen Brothers started criminal cas......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
.... that informant Farruk Ahmed made an improvement in the petition for further investigation by stating that the accused petitioners connived with accused Saifuddin and surrounded the deceased at the time of occurrence. This was not told by him in the F.I.R. at all." The learned Judges noticed c......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. ..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
.... file any written statement. Prayers for adjournments were made by respondent No. 3 on 19th April 1984 and 29th April 1984. As respondent No. 3 did not file the written statement the Tribunal granted time for doing so till 8 May 1984. From that date respondent No. 3 did not take any steps in the mat......llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....rbon rent-receipts by which the respondent paid rents accordingly with the full knowledge of the mutation case. The appellants contended that the respondent withheld the original rent receipts at the time of trial falsely alleging that he did not pay any rent after the preparation of the revisiona......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....een the plaintiff has constructed the tin shed where he has started to make furniture. For showroom one of the premises is sufficient. There is no evidence of dimension of the suit premises. At the time of argument, the learned lawyers of both sides ascertained from their clients that the premis....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....the 9th October, 1965 the Income-tax Officer directed the respondent to pay an additional tax of Rs. 7795/- under section 45A for having failed to pay up the demand for the assessment year 1960-61 in time, i.e., by the 21st May, 1964. The respondent then moved the Commissioner of Income-tax (herei......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......after those who elect to serve in the new State, and are taken on by it, serve on such terms and conditions as the new State may choose to impose. This is nothing more (though on a more exalted scale) than an application of the principle that underlies the law of Master and Servant when ther..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....easure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said transferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... that the cadre of Officers Class II was converted. into an All Bangladesh Cadre as in the case of Officers Class-I and above and Officers Class-II shall serve the Bank in such place as they may from time to time be directed and that promotion to the cadre of Officers Class-II from clerks Grade-I ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....as defacto Mutwalli and for other reliefs. The suit was dismissed and 4(four) out of 5 (five) appealed to the High Court making the reaming plaintiff a respondent to the appeal. The High Court at the time of hearing made that plaintiff an appellant instead of a respondent, set aside the decree of th......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
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