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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. ......e defendant Nos. 1 and 3 could execute a kabala as heirs of Hemnalini. 9. The High Court Division further noticed that though assistant custodian did not challenge the decree by himself whether in view of the provision of Defence of Pakistan Rules and the General Notification No. 1199 dated 3.12...Category: Property Law | Date: | Hits: 47
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. ......as yet to be made, than probably it could have been made out to say that he got no more any pecuniary interest in the matter. Reading the disqualification 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 connecti..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. ......he ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death resulted from the injuries and not from the surgi..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......as become a victim of the circumstances, as he was allowed to pay rent in lump for many months together by the landlord for a long time", and then passed the judgment by observing: "nonetheless in view of the stringent provisions for payment of rent within 15 days of the month next following that..Category: Property Law | Date: | Hits: 52
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. ....... Khan has rightly refrained from arguing that a valid ballot paper was not counted in favour of the appellant or that an invalid ballot paper was counted in favour of the respondent. 17. In view of the discussion above we find no substance in the contention ultimately raised by the l..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. ......landlords at an amalgamated jama of Tk. 5/1/6 pies. The plaintiff has no title and possession in the suit land who taking advantage of the wrong record during S. A. operation filed this suit with a view to grab the suit property. 4. The learned Munsif upon a consideration of the evide..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......was, therefore, not time barred. 7. Appellants obtained special leave to appeal on two points, whether respondent was a co-sharer being in possession of .02 acre of land of plot No. 404 in view of the provisions of section 53 A of the Transfer of Property Act and whether the question of ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....migrated to India earlier to the Enemy Property Law came into operation in 1965, so that the property left by them came within the mischief of Enemy Property Law but the High Court Division has erroneously assuÂmed as a fact which the Enemy Property Authority was to prove. The onus was misÂ......arned brothers Badrul Haider Chowdhury and MH Rahman JJ; and I concur with the decision of my learned brother MH Rahman J. Badrul Haider Chowdhury J. - I regret that I could not subscribe to the views expressed in the judgment by my learned brother MH Rahman J. 2. Facts are simple. Plaintif..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... appellate Court that P. Ws. were not clean people was not supported by the materials on record; (iv) and that though Abdur Razzaque, the Commander of the Mukti Bahini was dead, the appellate court erroneously took exception for not examining him as a witness. 7. Leave was granted to consi...... that the P. Ws. did not appear to be clean people as P.W. 2 falsely stated that he received summons from a peon, and P.Ws. 3 and 4, professional scribes, failed to corroborate each other ; that in view of D. W. 1's unchallenged assertion that defendant Nos. 1,3 and 6 were in India and the ..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. ......rt below noticed that the evidence was given as to the genuineness of the solenama and the plaintiff failed to substantiate their case that they intended to file a petition for injunction. In this view of the matter, the Appellate Court below disbelieved the story of the plaintiff that the blank..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......ing to add. Shahabuddin Ahmed J.—The question raiÂsed in this appeal by special leave is whether section 35A of the Court Fees Act, 1870, has become inoperative, ineffective and infructuous in view of the substitution of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other word..Category: Procedural Law | Date: | Hits: 124
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. ...... that they had already Sled a civil suit, T.S. No. 216 of 1986, in the 3rd Court of Subordinate Judge against the petitioner for a declaration of nullity of his claim of loan and contended that in view of this bonafide dispute as to the claim itself the petition for winding up could not be admit..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......Zahid though he had assigned these injuries to Jalil and Niru in the first information report. It is only in respect of this part of his evidence that he was declared hostile by the prosecution. In view of his evidence as a whole which has come in corroboration of the prosecution case, he need n..Category: Criminal Law | Date: | Hits: 62
....
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.
......fence of Pakistan Rules, 1965 were framed containing
provisions relations to enemy property.
Rule 182(1) of the aforesaid Rules
are as follows: —
"182. (1) With a view to
preventing the prevent of moneys to an enemy firm, and to provide for the
administra..
Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....gree with my learned 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 res......pugned judgement acquitted them all. Being dissatisfied with the acquittal the State has come before us in appeal on leave granted by us to consider whether the acquittal is warranted in view of the evidence and attending circumstances against the accused. I agree with my learned ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
.... treating them an "existing employees". By this SenioÂrity list they were ranked junior to persons recruited, along with them, as departmental candidates. This Seniority list, according to them, was erroneous, prepared malafide, in violation of the Regulations relating to deterÂmination of seniori......decree pasÂsed concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test examination and interview, selected for appointment as SeÂnior Account Assistants. In the list prepared in order of meri..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....r an ulterior motive for grabbing Hafsa's property; and that the deceased had many enemies and he was killed by them. 64. On behalf of the State it is vehemently urged that the High Court Division erroneously rejected the confessions, retracted belatedly, after the examination of all the witnesse......trial court found the confession is voluntary and he has implicated himself with regard to the hiding of the head and exculpated himself so far as the commission of the murÂder is concerned. In this view of the matter, the court accepted the inculpatory portion as true which received corroboration ..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. ......roperty nor was any relief ever claimed against him. 13. From the facts as stated above, submissions made by the, learned Counsels and authority cited above by them, it appears that in view of the nature of tenancy of respondents Nos. 6 and 7 respectively separate considera..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....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. ...... of the High Court Division dated 26 June 1986 refuting temporary injunction to restrain the respondents' use of a trade name, “Ciproco Computers”. The learned trial Judge took the view that "there is a gulf of difference between the ''Ciproco Computer" and the "C..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......as was worked out. This position was accepted by the Government and the appellant was allowed to pay rent at Tk. 1, 08,000/00 per year vide Annexure E (1) dated 10.5.83 which may be quoted: “In view of the facts the rent of the fishery is revised & fixed at Tk. 1,08,000/00 (72.000/- + 36.0..Category: Property Law | Date: | Hits: 87
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