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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. ...... 1983 before the High Court Division. Finding the application filed 21 days beyond the period of limitation"—the learned Single Judge of the High Court Division asked the Deputy Attorney General of the Government of Bangladesh to file an affidavit disclosing the name of the person res......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. ..

Category: Procedural Law | Date: | Hits: 102

Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)

....her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proce­eding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 76

Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Re­sident Propty, Ctg & ors., 1987, 16 CLC (AD)

.... 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. ...... S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. A. Y. Salehuzzaman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record —For the Respondent No. 1. A. W. ......property in question in execution of the civil court decree as provided under Article 3 of the Enemy Property (Custodian and Regulation) Order, 1965 or Article 8 of the East Pakistan Enemy Property (Lands and Buildings) Ad­ministration  and Disposal  Order, 1966. 8. Mr. S. R. ...... 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)

....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. ......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. ......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. ......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. ......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. ......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. ......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)

....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. ......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. ......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. ......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

Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)

....iproco Computer" and the "Ciproco Com­puters Ltd." which is the name of appellant No. 3, a Company, of which respondent No. 1 is the Chairman and appellant No. 1 is the Managing Director. This arises in a winding up proceeding under section 162 of the Companies Act, namely Com......others v. Exxon Insurance Consultants Inter­national Ltd. All E.R. (1981) Vol. 2 pages 495; Turton vs. Turton, 42 Ch. Divi­sion, 128; Office Clearing Services Ltd. v. Westminster Window and General Clea­ners Ltd. RPC Vol. 62-63 p. 39; K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 1......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

Sharping Matshajibi Samabaya Sa­mity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)

.... question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Director of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ....... 1628. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellant. M. Nurullah, Attorney-General, M.M. Huq, Deputy Attorney-General with him instructed by B. Hossain, Advocate-on-Record—F......­tificate of the Fishery Officer. The learned Attorney General tried to explain that by a Cabinet decision management of all Fisheries was transferred from the Ministry of Fishery to the Ministry of Land Administration and Land Reforms from July 1983 and, conse­quently, the Fishery officers had no......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)

.... Order-the entire undertaking, of the said Com­pany stood transferred to and vested in this Corporation. Defendant No. 2-appellant No. 2 who is the husband of defendant No.1- appel­lant No.1, was a Director of the Homeland Insurance Company in 1959, Respondent filed a suit (T.S. No. 122 of 1976 in...... 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. ...... 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. ...... 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 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. ......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. ..

Category: Property Law | Date: | Hits: 43

Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)

....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. ......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. ......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. ......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

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. ...... 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

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. ......ellip;……..Respondents Judgment May 15, 1986. Lawyers Involved: Aminul Huq, Advocate-on-Record.-For the Appellants. Syed Mudassir Hussain, Deputy Attorney General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte......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. ......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. ......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. ......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. ......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. ......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. ......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)

....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. ...... it is referred to a lawful title. Similar view had been expressed much earlier by Lord Denman C.J. in Culley v. Doe Dem Taylerson. 11A & E 1008 (1840) in the following terms: "Generally speaking one tenant in co­mmon cannot maintain an ejectment aga­inst another ten......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. ......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)

....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. ......is stopped from denying the title of his landlord. Now to examine the contention of Mr. Pal that the land originally belonged to a rent-receiver and that the acquisition of rent receiving interest by General Notification dated 14th April 1956 it became the property of the Government. The General Not......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. ......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)

....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. ......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. ......(AD) 161 this Court considered the question as to the correctness, of the rejection of the plaint under Order 7, rule 11 of the Code of Civil Procedure in the matter of requi­sition under Emergency (Land and Building) Requisition Ordinance, 1982. In that case requisition was made for the public pur......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)

....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. ......Information Report within the meaning of section 154 of the Crl.P.C. and all subsequent information fall within the purview of section-161 of the Crl. P.C. No such "information” was recorded in the General Diary, but the Daroga appeared on the scene suo motu after mid-day and recorded the ejahar a......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

Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)

....1979 of the Court of Subor­dinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subor­dinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subor­dinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subor­dinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..

Category: Property Law | Date: | Hits: 42