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Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....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. ......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. ...... no period is prescribed by law for filing an application under section 115 of the Code and as the delay in the matter was explained the High Court Division erred in law in refusing to exercise its jurisdiction vested in it by summarily rejecting the application on the ground of limitation. ..Category: Procedural Law | Date: | Hits: 102
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....hese three persons were notorious thieves and bad characters of the locality, that just after liberation of the country they were given a hot chase by members of the Muktibahini whereupon they totally disappeared from the locality, but the accused persons were falsely implicated by con...... the alleged occurrence. The recovery of the bones after about five months from the mud-well where admittedly many dead bodies were dropped during the war of liberation does not prove anything. The absence of the dead bodies raises genuine doubt as to the occurrence in the manner and on the date......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)
....h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ......m the plaintiff- respondent's claim to treat them as "now entrants" as referred to in Regulation 18(a) requires the determination of two points, namely, (i) whether the present plaintiffs, in the absence of any definition of "new entrants", either in the Ordinance or the Regulations, can be so......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....he wife of the accused to receive his dues ; (ii) a number of letters and notes written by the wife of the accused to the deceased from whom she had borrowed money at different times in small amounts totalling Rs. 3000/- on promise to repay with interest; (iii) the deceased was a peon in......ntenced. On appeal the learned Judges of the High Court Division considered: (a) that their absconsion on the face of the FIR is not unusual and does not point to their guilty conscience. Their absence from their house is capable of a legitimate explanation. (b) the fact that the accused pe......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)
.... 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. ......ho are necessary or proper parties to a proceeding the Indian Supreme Court stated that ''a necessary party is one without whom no order can be made effectively; a proper party is one in whose absence an effective order can be made but whose presence is necessary for a complete and final de...... 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)
....gh Court Division, 2. The application for winding-up the company was filed by respondent No. 1, M. Al-Amin, the Chairman and his mother, Dr. Jahanara Begum, a Director, they hold 50% of the total shares of the company while appellant No. 1, Shafquat Haider, Managing Director and his wife......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. ......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)
....t-respondent Nos. 1-4 filed an objection under section 47 of the Code of Civil Procedure on the ground that the decree was not executable because neither the award nor the decree did calculate the total outstanding due to the decree-holder. 2. After withdrawing the execution case the appe......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. ......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)
.... fishery. 4. In the meantime it was detected that in calculating rent of the fishery an error had crept in, inasmuch as the previous rent was Tk. 72,000/00 and calculating enhanced rent of 50% the total would come to Tk.1,08,000/00 and not Tk. 1,30,000/00 as was worked out. This position was acc...... in the government. Under section 76 of this Act it lies at the disposal of the government who may either manage it khas or make settlement thereof in accordance with rules to be made by them. In the absence of any such rules, the government must follow certain fixed structures, principles or guide-......he case considered number of submissions which would be considered at the appropriate stage and ultimately came to the conclusion that a contractual right could not be enforced by invoking the writ jurisdiction under Article 102 of the Constitution and In this view of the matter the rule was disch..Category: Property Law | Date: | Hits: 87
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......reiterated in Khairullah Bhuiyan v. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338. 5. On behalf of the petitioner it is now contended that the learned Single Judge exceeded his revisional jurisdiction in reversing the concurrent finding of the Courts below that the mutation orders were ..Category: Property Law | Date: | Hits: 43
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. ......ny as and by way of compensation for terminating or cancelling the agreement was a capital receipt in the hands of the assesses. 14. Though it is not safe to seek guidance from English jurisdiction as the Privy Council pointed out that the Indian. Act is not in pari materia with the ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....pelled) cargo coaster of capacity 600 DWT complete as per specifications and approved plan/design is Tk. 47, 87,500/- (Taka forty seven lies eighty seven thousand and five hundred) only. The total price of the 2 (two) coasters is Tk. 95, 75,000/-. Out of this amount BSRS will pay Tk. 70......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. ......liance with the notice under Article 31, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the Distinct Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial part of its business or ..Category: Business or Commercial Law | Date: | Hits: 100
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....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. ......ble doubt as to the truth of the complainant's case of burning down his dwelling hut. Neither the trial court nor the High Court Division considered those circumstances, particularly the absence of proper alamats of a burnt hut and complainant's failure (or avoidance) to go to the......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)
....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. ...... in question being purely a suit for declaration, according to the plaintiff herself, it was liable to be dismissed when the learned Single Judge found that it was not maintainable in the absence of a prayer for farther or consequential relief. This argument does not appear to be tenabl......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
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....shed in any manner and consequently the plaintiffs inherited their legal share from Hedayet and they are entitled to get the same. The appellate court below further found that the defence has totally failed to prove that they ever set up a hostile title against the plaintiffs or their prede......lfazuddin's sister, there is no evidence that the marriage took place before this transaction, for if he bad married after he attested the Transfer Deed then he had no reason to suppress it. In the absence of any plea taken by the plaintiffs, the learned District Judge went off ......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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....ts the requiring body. His second line of argument is, not supported by any authority though, that the second part of section 14A abating all pending actions indicates that the legislature intended a total bar to Civil Court's jurisdiction no matter whether the action is challenged on grounds of mal......bar to Civil Court's jurisdiction no matter whether the action is challenged on grounds of mala fide or coram non judice. 44. As to the second submission, we find ourselves unable to agree in the absence of any authority or principle in that behalf. Consistent judicial view on malafide and coram......equisition of Property Act. 1948 offers no bar against filing the suit in the Civil Court for determining the question as to whether the order of requisition itself was illegal, ultra vires without jurisdiction and malafide. He referred to the following cases: 1) Secretary of States vs. Mask &..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... be relied upon in view of the broad fact that her statement which could have been recorded on the day following the incident was recorded after 34 days. The appellate Court in these circumstances, totally disbelieved this witness, and excluded her evidence from consideration, and we find rightly.......murder inside the hut in the night of occurrence was not in dispute. Her absence from the hut in the night of occurrence is not proved. Suggestion as to bad character does not necessarily prove her absence. When the wife of a person murdered is present in the room at the time of occurrence and wit......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
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......inted by appellant, namely Irshadullah Patwary & Co. Appellant who appeared by filing affidavit contended that since the Annual General Meeting was convened within time the Company Judge had no jurisdiction to re-open the issue and/or to decide upon the validity of the balance-sheet produced b..Category: Business or Commercial Law | Date: | Hits: 111
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
.... as invalid, and from 1135 votes of the returned candidate the Tribunal rejected 68 votes as invalid on the common ground of ''double marks". With such rejection of 69 votes the appellant's overall total came to 2308 and that of the respondent was reduced to 2256. That is, the appellant got 52 vot......y reopening the sealed packet unless the recounting becomes indispensably necessary to determine the dispute. When recounting would become so necessary depends on circumstances in each case. In the absence of clear Justifications, no recounting should be ordered or made some finality most attach t......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)
....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 ...... of the election dispute. The question was whether the votes should be counted after 2 days at the Instance of the Returning Officer as a place far away from the polling station and that again in the absence of the parties specially, the appellant. The High Court Division directed for recounting b......dul 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 order of recounting of votes. The Election disputes are ad-hoc disputes. Ea..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....he respondents and this appellant to be he co-sharers by purchase though the share of the latter was very small; the court allowed him pre emption to the extent of 8.1/2 decimals of land oat of the total area of 495.1/2 acres of the land transferred. The Court therefore in its judgment dated 30.3.......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
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