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Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....h Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......ent of the S.C.C Judge was set aside said the rule, was made absolute. 6. Leave was granted to consider the question; (a) whether the landlord waived the agreement by accepting the rent beyond the time period, (b) whether the sub-letting was not prove, (c) whether the agreement itself is void, si......t was held that the Municipal tax paid by the tenant in the absence of any contract is adjustable against the rent. Tenant was the occupier of the premises and in the face of the distress warrant for recovery of arrear municipal taxes, he paid the taxes and the subsequent transferee could not claim ......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....onviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......e executive arm of the Government will not be allowed to attack and deface the honour, dignity, majesty and independence of the judicial organ of the State. If they are so allowed, then in no time the remaining civilised fabric of our society will collapse. It is the country and the people......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......lapse. We cannot stand as a silent spectator to this unwarranted assault on the dignity of a court of law and to blatant interference with the administration of justice at the lowest level. The arms of law are long enough to reach a contemner who acts la contumacious disregard of the digni..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......in Aiyar's Law Lexicon of British India: "Where a person is indicated in a statute or legal instrument not by name, but either by an official designation or as one of a class a question sometimes arises whether he ceases to be the person so indicated in losing his official designation...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....nd all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......contended that defendant Khorshed Alam was never the legitimate son of Amir Ali Mia and as such was not entitled to be the Mutwalli. Plaintiff's further case was Amir Ali Mia married for the third time in 1939 Mst. Meher Shamsun Nahar from Bogra and 3 sons and five daughters were begotten out of......erusal of the documentary evidence and oral evidence adduced by the plaintiff show that towards the end of 1965 the scheme was made for dislodging Khorshed Alam from she family and the rent suit for recovery of amount of Rs. 900/- was merely a device for letting In some evidence for the purpose o...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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 ......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 ......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)
....r 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......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 ......rs, appellants' counsel did not raise any serious contention on the point of limitation. 27. The learned Counsel for defendant-respondents submitted that since plaintiff-appellant did not pray for recovery of possession as admittedly he was out of possession since 2nd October 1953 the date of d......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)
....ardian. 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 ...... 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 ......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)
....ng 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......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......is contention evidence, both oral and documentary, has been led by the appellant. It is that after the purchase under Ext.1, and when Hashmatullah was a tenant, the premises was sold in auction for recovery of some public dues and it is the appellant who got the sale set aside. In this connectio......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)
....esult, 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 ......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 ...... under the Government and his only obligation is to pay rent. Clause (g) stipulates: "an arrear of rent payable under (clauses (e), (f) and (ff)) may, without prejudice to any other mode of recovery, be recoverable under the Bengal Public Demands Recovery Act, 1913" The rest of th......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)
....ivision is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......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......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....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. ......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. ...... 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
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....wed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......eedy remedy against non-payment of dues or breach of any obligations under the agreement with the Bank is seen to be its sole aim. This has to be, otherwise not only the Bank will suffer from delayed recovery, the entire financial and economic interests of the society will be prejudicially affected.......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....se 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. ......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. ......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)
....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. ......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. ......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)
....ons, 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. ......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. ...... 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)
....late 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. ......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......dgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery of khas possession and mesne profits alleging, inter alia, that the suit plot being part of......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)
.... 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. ...... 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. ......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)
.... 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....... 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.......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)
.... 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. ......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. ......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)
....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. ......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......erty, from Suprosonna, the previous owner, on 29-7-63 and the defendants paid the Municipal tax against distress warrant on 27-10-63. 10. Distress warrant is one of the most effectual remedies for recovery of rent and taxes. The term 'distress' primarily connotes a summary remedy by which the per....... 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
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