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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. ...... as to bonafide dispute. The learned Counsel has also pointed out that the appellants filed the Title Suit after receiving the notice of the winding-up application. 7. The principle of law as to admission of a winding-up application is that mere filing of an application containing so..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....he Central Government or by any authority empowered in this behalf vesting any enemy property in a prescribed Custodian shall be construed as preventing the Central Government from amending, varying, rescinding or superseding such order at any tine by a like order so as to imp......hat these provisions could, no longer, have any application after the parent legislation, namely, Ordinance of 1966, ceased to exist. The learned Counsel then referred to the relevant provisions of law in this regard and their effect on each other and finally on the question involved in this ap&s..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. ......ed brother that interference with acquittal by this court is not resorted to except in a case of gross miscarriage of justice either caused by perverse finding of fact or by erroneous view of law In the instant case contention of the appellant is that the acquittal has resulted from pervers..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. ......eafter in respect of the personnel of the service group of the plaintiffs (Group-IV named Jr. Accounts Supervisor) the same shall be illegal, void, inoperative and without any binding force in law. b) For a decree and order restraining the defendants from changing or altering the senio..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. ......cinth of the tank. The informant identified the dead body of his brother whereupon police held inquest and started investigation. 3. Accused Kabiruddin was arrested from the house of his father-in-law on 18.5.76 whereupon 'Kabiruddin made a confessional statement before a Magistrate on 19.5.7..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. ......5/82 (port)/88 dated 9.3.85 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the ho..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....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. ......d Kalu Vs. Sowaria 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, prescribed by a special law came up for decision in that case. The decision reported in 27 I.C. 703 is worth quoting for it..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ......1392 B. S. and for 1393 & 1394 B.S. the lease money shall be 10% higher than that of each proceeding year. He is also requested to realise the arrear rent from the ex-lessee under process of law." 6. This proceeding was initiated on the basis of Memo No. 313 dated 2.5.85 e.g. the Memo of..Category: Property Law | Date: | Hits: 87
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. ......urt Division, Dhaka, in Civil Revision No.3 of 1984). Judgment Shahabuddin Ahmed J.-The question raised in this appeal by special leave is whether the High Court Division is well-founded in law in holding that the plaintiff-respondent's suit for permanent injunction against the defendant..Category: Others | Date: | Hits: 104
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. ...... only son of Gour Majhi; that the plaintiff's father Nagar Mondal was the son of Kerali Majhi, a brother of Gour Majhi and he married the daughter of one Hari Charan and lived in his father-in-law's house as a domesticated son-in-law till his death; that the plaintiff was born and broug..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. ...... other company, namely, Anglo-Persian company paid the assessee another sum as compensation "for the loss of your office as an agency to the Company." It is well settled that a case law is to be understood in the light of the facts of the given case. The Privy Council in that..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... or in compliance with the notice under section 38, an officer of the Bank, generally or specially authorised by the Board in this behalf, may apply to the District Judge'. In 1965 by an amending Ordinance the definition of the term ‘loan’ was inserted which included a......pellants if the appellants have failed to discharge their obligation under the agreement a suit for realisation of damages including the amount paid would lie under the ordinary provisions of law for realisation of the amount so paid. 9. As to the first contention whether the amount ..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. ......d he could not hurry up. P.W. 2 took his torch light and rushed to the place of occurrence. P.W.3 stated that he saw the accused Selim and Faruk retreating towards the north When he reached home he law accused Syed, Siraj and Montu running away towards the west. P.W.3 recognised the accused ..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....lled. 14. In view of what has been discussed above we hold that the impugned sale deed which has been held void by the court because of fraud need not be cancelled and that the direction for amending the plaint for the purpose of cancellation of the document is unnecessary. ......her suit would stand dismissed and that of the defendant Sufia Khanam would stand decreed. 3. Leave has been granted to consider: (i) whether the learned Single Judge is well-founded in law in directing amendment of the plaint of respondent's suit No. 532 of 1967 with a view to inclu..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. ......concurrent finding that the questioned settlement was not for any legal necessity of the deity, the learned counsel for the appellant has desperately urged that there is no requirement of law that the settlement of a deity's land by a sebait can only be made for legal necessity for the ..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. ......8 of 1974. The learned Single Judge affirmed the order of the appellate court below and dismissed the appeal. Leave was granted to consider the question whether the suit was hit by law of limitation. 7. It is admitted that Elahi Baksha, husband of Jobeda Khatun, ..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. ......ued that since the land originally belonged to Maharaja, a rent receiver, after the acquisition of the rent-receiving interest Government became the owner of it, and consequently by operation of law the defendants became tenants of the Government and as such the suit is not maintainable. 8..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. ......ts proposal for requisition that the land was necessary for extension of existing Madrasah building but the order for requisition was passed for vocational training centre. No notice as enjoined by law was served upon the plaintiffs. All these acts revealed the malafide of defendants. Plaintiffs..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. ......particular number of witnesses to prove a case. A conviction can be founded even on the testimony of a solitary witness, if found competent and trustworthy. But the rule of prudence, if not rule of law, requires corroboration of such evidence. ………….(49) Case Referred To- Safdar Ali V..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 ......is allowed; the judgment and order of the High Court Division are set aside and the suit being T.S. No. 181 of 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) ..Category: Property Law | Date: | Hits: 42
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