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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
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....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. According 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 representations respondents were given senio......currently 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 Senior Account Assistants. In the list prepared in order of merit respondent Nos. 1..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 narrated 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......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..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 Samity 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 jurisdiction 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 Corporation, 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 Chowdhury, 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
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
.... defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Baisnabi, an old bhandari, used to manage the affairs of the deity. From her defendant......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
.... Kaliganj where he died in 1320 B.S. leaving his wife Jobeda Khatun and children. It seems after the death of Elahi Baksha his brother Hedayet Baksha lived in the house of Jobeda's father for some time and looked after her affairs. The land in C. S. Khatian No. 105 (5.16 acres of land) of Mouza ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....e Municipality of Mymensingh. Sailendra Nath Basu was an employee of the Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....lowing cases: (a) where it does not disclose a cause of action; (b) where the relief claimed is undervalued and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so, (c) where the relief claimed is properly valued......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....two witnesses no other witness has seen the occurrence. Now proceeding to consider the evidence of P.W. 1, who is the wife of the deceased, we find that she was present in the hut at the relevant time, i. e., 12.30 A.M. 31 Bhadra B.S. 1386 corresponding to 17 September 1979 and saw the occurrenc......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. ..Category: Criminal Law | Date: | Hits: 56
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