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M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. 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: 40 DLR (AD) (1988) 89 ......ent subsequently with interest which was accepted by the decree-holder. The question was whether it was a waiver and the Division Bench took the view that the question of waiver is a moot question of law and fact. It was observed: "The conduct of the decree-holders, however, lulled the judgm..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ...... the 16th April, 1965 was not barred by limitation. This finding of the Court of Appeal below cannot be construed as a making of a new case. The question of limitation is a mixed question of fact and law. In this case Court of Appeal below after considering the evidence both oral and documentary cam..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......ubstance in this contention. The agreement was found genuine by the two Courts below. Even the learned Single Judge did question it. As for the second part of the contention is not the requirement of law that the bainapatra must mention that possession was delivered in pursuance of the agreement. ..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......es where offences triable by the Court of Sessions or Special Tribunal were not brought before the Court or Tribunal for trial because no information (FIR) could be given to the police due to unlawful pressure or intimidation by political elements or because no proper investigation could be ..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......ment. The learned single Judge, by the impugned judgment, set aside the order of temporary injunction. Leave has been granted to consider the question whether the learned Single judge well founded in law and fact in refusing temporary injunction pending disposal of the suit.
7. We have heard leng..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......14.8.54 and the order was cancelled on the 13th. The Court held that this power of receding till a decisive step is taken is left with the Government. It was observed: "Locus poentitentiae in law refers to the power of receding till a decisive step is taken. If a decisive step is yet to be..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......by the Corporation. Again, Service Rules of the Corporation have excluded from their ambit all 'workers', obviously because when an employee is found to be a worker, he will be governed by the Labour law. Therefore, the finding of the High Court Division that the respondent was an employee of the Co..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......ase is that as a matter of fact Jamshed was killed and buried in Char Khidirpur within a short distance where Mobarak was held captive. Again it is said that at the intervention of one Erphan, son-in-law of Musa Sarkar, Mubarak was spared and he was ultimately set free on the following day after bei..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......pproach if a conclusion is sought to be reached by saying that in such circumstances defendant No. 2 became a trespasser and, therefore, a suit for eviction did not lie against her. Technicalities of law may sometimes prove to be of great value in winning even a bad case, but when the very bottom of..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......t was genuine and the suit was not time-barred ought to have upheld the decree specially when the Custodian of the Enemy Property did not challenge the decree but by reasoning which is not tenable in law, the High Court Division had reversed the judgment and order of the trial court and set aside th..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ivil Procedure, 1908 (V of 1908) Order 39, rule 7 Ordinarily a notice is to be given to the defendant before an order is passed under rule 7 of Order 39 of the Code. This is the requirement of law as provided in rule 8. For protecting the rights of the parties or for securing the cause of jus..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......ion clause in section 6 as a whole we are of the view that the pecuniary interest as referred to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs of the Parishad is debarred ..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ed to be a ground for giving its benefit to the accused for the purpose of acquittal. A faint doubt means a doubt which got no reasonable basis and as such no benefit of such doubt is contemplated in law. There was no basis for the learned Judges to entertain any doubt about the cause of death in vi..Category: Criminal Law | Date: | Hits: 62
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ...... of the ballot papers and the final judgment would be pronounced after doing that job. Order dated 24. 3. 85 shows that the aforesaid unfinished job was dote on that date in presence of the party's lawyers and the Tribunal again recorded the results of recounting for all the seven centers w..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... by the learned Judge of the High Court Division on misconstruction of documentary evidence, particularly the rent-receipts produced by the parties and also on wrong view of law taken by the learned Single Judge, in respect of the proceeding under section 19(1) of the..Category: Property Law | Date: | Hits: 44
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a 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)(1987) 223. ......uit property in 1970". Then significantly adds "although it is apparently to that effect". 7. The approach of the trial court appears to be confusing and contrary to the well-settled principles of law. If the question is whether the deed of gift is genuine or not the simple answer it, it being ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......ond appeal is not the mere correction of error of a legal proposition, or pointing out the true procedure, but also to determine properly, issues of fact after making the correct exposition of law, if such determination is essential for disposal of the appeal. Subject to this narrow jurisdi..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......s thus pending it is alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....he High Court Division. But the question is whether section 35A will at all apply to Schedule I of 1981 which came by replacing the Schedule 1 of 1960 which has been specifically referred to in the amending Statute "as amended before the promulgation of the Amendment Ordinance of 1962, that is......hedule I of 1960. He has pointed out that when Schedule I of 1960 was replaced by Schedule I of 1981 section 35A was not deleted which means that the Legislature with full knowledge of the existing laws on the subject replaced the Schedule of 1960 by the Schedule of 1981. As to the Schedule of 1..Category: Procedural Law | Date: | Hits: 124
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. ......he High Court Division refused to condone the delay and summarily rejected the revisional application. 3. On behalf of the appellant it is contended that as no period is prescribed by law for filing an application under section 115 of the Code and as the delay in the matter was expl..Category: Procedural Law | Date: | Hits: 102
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