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Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... 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. ......cussed above are found to be based on correct exposition of law governing the principal agent relationship. 10. In the case before us, title la the suit land pasted to the plaintiff-respondent by absolute sale whereupon the vendor appellant No. 2, possessed it as an agent of the respondent Res..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....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. ......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)
....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. ...... Sir George Rankin observed in Srimath Daivasikhamani Ponnambala Dusikar and another Vs. Periyanan Chetii and another, AIR 1936 P.C. 183 : "It is clear that a permanent lease or absolute alienation of debutter property is beyond ordinary powers of management whether in t..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....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. ......n. In that case the entire joint property, which was a shop was first mortgaged by one of the proprietors to a stranger. The mortgage was followed by sale whereupon the transferee claimed absolute ownership in view of his exclusive possession over 14 years. The claim was resisted by th..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....f the plaint, his contentions, among others, being that the suit land was requisitioned under the provisions of the (Emergency) Requisition of Property Act, 1948 and that according to clause (d) of Rule 11 (quoted above) the suit is barred under section 14A of the aforesaid Act. 21. Malafide a......It may, however, be mentioned that according to the provisions of law ousting the jurisdiction of the Civil Court as contained in section 11 of the Sind Revenue Jurisdiction Act, 1876 the bar was not absolute. It was provided that ordinarily a party in revenue matters should exhaust all his remedies..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ......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
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....rnment may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case" 4. Rule 1, as quoted above, provides that in any suit by or against the Government, the plaint or writt...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....ant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal ordering fresh election in one c......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....ul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any or......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....rt Division. Writ Petition No. 442 of 1978 challenging the order dated 24.2.78 and the aforesaid civil revision cases were heard analogously by a Bench of the High Court Division which discharged the Rules. 11. On 20th September 1982 Title Suit No. 197 of 1978 was decreed by the Munsif, 3rd Court...... 2 filed Civil Revision Nos. 103 and 153 of 1983 before the High Court Division which were heard, analogously by a Single Judge of the High Court Division who by his order dated 27.6.83 made the Rule absolute, set aside the judgment and decree of the Court below and dismissed the suit. 13. In..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....the amount will be reimbursed by the tenant as per agreement in addition to the standard rent. 12. Section 13 makes it obligatory for the landlord to give a written receipt of the payment of rent. Rule 6 of the Premises Rent Control Rules 1964 prescribed the form. In the form of rent receipt colu......ct Act. This conclusion is fully supported by the decision referred to above "(31 DLR (AD) 155). In this view of the matter, the judgment 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 agre..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....For the Respondent No. 2. Criminal Appeal No. 3 of 1985. From the Judgment and Order dated 28.11.84 pasted by the High Court Division, Rangpur in Criminal Misc. Case No. 24 of 1984 and Suo Motu Rule No. 41 of 1984. Judgment: Fazle Munim CJ.-This appeal arises from the Judgment and order......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....any other, capacity which may be attributed to him, obviously enough, such jurisdiction means and refers to the jurisdiction he exercises while sitting as a court. 40. Also, on a reference to Rules 47 & 48 of the Union Parishads (Election) Rules, 1983, it would be seen that the Election...... 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)
.... 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. ...... be repudiated. In the case of Ashrufood Dowlah vs. Hyder Hossain Khan, 11 M.I.A. 94 there had been no continuation of treatment upto the time of the father's death. On the contrary there has been absolute denial of paternity by the father. There was no proof of any acknowledgement but there wa..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....it can be completely disposed of, It is final when such adjudication completely disposes of the suit. II may be partly preliminary and partly final." 11. Order 20 deals with judgment and decree. Rule 6(1) provides: "The decree shall agree wife the judgment; it shall contain the number of the su......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)
....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......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)
....janat is not limited to mere observance of age rule so as to exclude the consideration of the interest of the child which would, however, depend on the facts and circumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find place in Hedaya. There, the following tradition......ce to the binding nature of Islamic Law regarding custody of a minor child which was repeatedly emphasised by the learned Counsel for the appellant, it will be admitted on all bands that there is absolutely no reason to differ from this position as long as the particular role of law to be applie..Category: Family Law | Date: | Hits: 152
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