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Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....ited Grand Lodge of England. The learned Attorney General filed a prayer for additional evidence with certain annexures while adjudicating the appeal "to consider the above-mentioned documents at the time of hearing of the appeals in the interest of justice, otherwise the appellants will be greatly ......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....r Rahman said that he was going to Alefuddin; that the appellant uttered some mischievous words about Alefuddin to which Azizur Rahman took serious exception and an altercation followed; that at that time other accused came there and all of them dragged Azizur Rahman inside the house of the appellan......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....is at the instance of defendant No.2. 2. The plaintiff claimed the suit land by virtue of purchase by a registered kabala dated 30th Falgoon 1353 B.S. corresponding to 14th March, 1947 A.D. At the time of purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the posses......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... The appeal is allowed. The Registration Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975,......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....hing a criminal prosecution occupies only 6 lines. The rest are extraneous circumstances showing desperate character of the accused with a significant passage for lodging the F.I.R. after such a long time. 3. Dr. Kamal Hossain, learned Counsel appearing for the accused appellants, submits that su......ge-sheet they have been shown as absconding. 13. The learned Counsel for the appellants produced before us a government Notification of the Ministry of Home Affairs dated 25 April 1980 showing the appointment of a Commission of Inquiry for the purpose of making an inquiry into allegations about t..Category: Criminal Law | Date: | Hits: 46
....aled quotations must reach the Corporation's office by 12.00 noon of 6 December 1986. Accordingly, the appellant and 10 others including respondent No. 4 submitted sealed tenders within the appointed time and date 6-12-86 which were opened by the Tender Committee of the corporation. The offer of the...... quotation". Similar letters were also addressed to 5 other bidders whose earlier offers like that of the appellant were found valid but were lower than his offer on that day, 6 December 1986. By the appointment date and time the appellant submitted a fresh tender on cash basis raising the amount to..
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....of the Corporation, he will be governed by the Labour law, (such as the Act). These Rules came into force in 1981, whereas the respondent was dismissed in 1977, when there were no such Rules; at that time all officers and employees of the Corporation were governed by the ordinary law of master and s...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....id that there are Prodhans of the local villages but Musa Sarkar is the leader of all those Prodhans. Admittedly the complainant party had enmity and litigation with the accused party at the relevant time. Md. Sohrab (P.W.1), amongst others, brought a case of arson against Musa Sarkar and 14 other a......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnalini died on 12.6.64 leaving respondent Asim Kumar Basu as her heir. The plaintiff’s ca......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....r for inspection before settlement of issues was premature and illegal was repelled. Rules 7 and 8 of Order 39 of the Code empower the court to pass an order on an application by the plaintiff at any time after the institution of the suit. 13. Ordinarily a notice is to be given to the defendant b......ithout issuing any show cause notice upon the defendent-appellants. 2. Respondent No. 1 instituted a suit for partition on 30th March, 1986. On the following day he filed two applications, one for appointment of a receiver, and another for appointment of a Commissioner for making an inventory of ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
.... of an objection that the work was not yet done according, to the specifications stated in the contract. It was further alleged that the appellant was also disqualified for this office as he was part-time Principal of the local Shahid Reza College and drew 50% of his pay from the Government. 5. T......rents were naturalized British subjects and disqualified to be so appointed under the Naturalization Act, 1870, read with section 3 of the Act of Settlement, 1700. The contention was accepted and the appointments were declared invalid. In the case of Farzand Ali v. Province of West Pakistan, PLD 197..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....esulted from the injuries and not from the surgical operations the learned Judges should not have expressed any imaginary, unfounded, faint doubt about the cause of death. Surgical operations are sometimes resorted to for saving the life of an injured person when brought to hospital. If death of the......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ntract and also on the failure of the defendant appellants to prove the existence of an oral contract between the parties to the effect that the respondent would collect rents for several months at a time according to his convenience the defendant-appellants must be held to be defaulter within the m......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....llots and the Tribunal considered and rejected them. 14. It will be seen that the succeeding Munsifs worked on the basis of the consolidated result sheet (order dated 31.12.84) and from time to time dealt with the applications as and when filed by the parties, particularly by the appe......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....the C. S. recorded tenant Nabin Chandra Mondal. Plaintiff then, it seems, became wiser and amended his plaint about one year after the filing of the written statement introducing case for the first time that his vendors also took settlement of-the suit land from Nabin Chandra in 1329 B.S. He file...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
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
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