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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. ......ern part of the same plot looked after the land as agent of the Company. With the nationalisation of this Insurance Company defendant No. 2 ceased to be a Director. The Jiban Bima Corporation, with a view to raise construction in the purchased land deputed its officers to demarcate the area and crea..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. ......nd of finding some irregularity in the same as a Court of appeal, while dealing with the application under section 96 of the State Acquisition and Tenancy Act for preemption." That view was reiterated in Khairullah Bhuiyan v. Haji Nurul Alum Chowdhury, 35 DLR (AD) 338. 5. ..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. ...... J. shows that Jagadish claiming himself at the sole owner of the partible land conveyed it to his only daughter Laksman Dasi who subsequently transferred the same to defendant Nos. 2, 3 and 5. In view of the testimony of the witnesses of the parties inconclusive as to the parentage of the ..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. ......case, the Tribunal was legally justified in holding that the receipts of Tk. 1, 50,000/-as compensation was revenue receipt and not capital receipt." 6. The High Court Division took the view that "by the termination there was a complete stoppage of business so far as the ag..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....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. ......o; used in Article 33. Attempt was made to show that under the tripartite agreement no loan was advanced to the appellants. Whether amount was paid to the appellants by the Sangstha was to be viewed as the advance payment of the price of two vessels to be constructed by the appellants ..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. ......sely implicate the disputants who are no other than brother's sons of the complainant, as has been vigorously argued by the learned Counsel for the appellants, cannot be altogether ignored in view of the aforesaid circumstances. Benefit o doubt, therefore, goes to the appellants. Hen..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. ......out the matter and asked her to admit execution of a sale-deed. She denied having executed any sale-deed but explained that she had executed a bainapatra by putting her L.T.I, on a blank paper. In view of this denial the Sub-Registrar refused registration of the sale-deed whereupon an appeal was..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....ose from the Government Tahsil office there is no defect. Rejection of all these Receipts "as false and fabricated'' is unwarranted and finding on this point is clearly perverse and this erroneous finding is found to have materially affected the District Judge's Decision on the questio...... exclusive or adverse possession. Reliance was placed on long line of decisions especially in the case of Bindhu Bala De & another Vs. Rebati Mohan De & ors reported in 4 DLR 293. In this view of the matter, the order and judgment of the appellate court below was affirmed and the suit w..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. ......y which as such both of them acquired tenancy right by adverse possession". Lastly, it was found "that after the wholesale acquisition the Government has recognised the defendant as tenant. In this view of the matter, the suit was dismissed. Plaintiff preferred Title Appeal No. 403 of 1968 and the..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. ......application for special leave to appeal against the order rejecting the plaint. Leave is granted to consider the points raised." 10. Question which arises for determination is whether, in view of the bar imposed by the provisions of section 14A of the (Emergency) Requisition of Propert..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. ...... opinion in setting aside the conviction and sentence of the appellants by giving them benefit of doubt. As I was not convinced of the innocence of the appellants I decided to maintain my earlier view against setting aside their conviction arid sentence. 13. I dissented because on going throu..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 ......ce-sheet was sent to the respondents prior to holding the Annual General Meeting and the placing of the balance-sheet in the meeting held on 15th and 22nd May 1985 was, therefore, illegal, Also, in view of Articles 7,9, 82,86 and 87 of the Articles of Association of the Company which delegated the..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....d authority and instructions to file written statements". 3. Mr. T.H. Khan, learned Advocate for the appellant, contends that this observance of the learned Single Judge as quoted above, h totally erroneous, for m the face of clear provision of statutes there was no scope for the Court to draw an...... upon whom the notice for termination of the tenancy was served. The Deputy Commissioner was not in the picture at all and he is not acquainted with the facts of the case in any manner whatever. In view of these facts, it is obvious, the Government appointed the Military Estate Officer as the auth..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....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. ......e Tribunal was challenged by both the parties by two separate appeals before the Election Appellate Tribunal (District Judge). This appellant in his appeal, Appeal No.3 of 1984, contended that in view of his majority of 52 votes, the Tribunal ought to have declared him elected. The respondent,..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 ...... and the Returning Officer. It was found further that the election was not materially affected by giving result of the votes in a plain-sheet of paper by the Presiding Officer and the first court. In view of the aforesaid the Tribunal allowed the petition and declared the appellant as Chairman. This..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....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......Leave was granted to consider the question whether the default clause in the trial Court order dated 30 March 1981 to deposit She money within the specified time retained its operative force in view of the fact that the order itself was subject to appeal and revision in higher forums in which ..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256....... compliance with the provisions of the Act since he was neither authorized by the District Magistrate nor the Government to perform such Act. The learned Judges of the High Court Division were of the view that since the law was clear and showed that the District Magistrate alone was to perform the f..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......cuments filed by the opposite parties show that they have purchased the land and had taken lease of some of the property and they had been in possession without any interruption and growing paddy. In view of the documentary evidence that had been adduced the learned Session Judge observed: "Pe..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
.... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ......sadh v. Emperor, AIR 1944, 1(C). The decisions of the Madras High Court in Vtnkatachennaya v. Emperor AIR 1920 Mad 337(FB), and of this Court in Inayat v. Rex, AIR 1950 All 369, subscribe to the same view. It is therefore evident that "trial" in the Code was not intended by the legislature to have a..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ent of even the Revenue officers for loss the Executive officers in the exercise of purely Executive powers" and in this view of the matter considered that the order passed by the Courts below was "erroneous on the fact of the record." Since the Revenue authorities have found that the Salimabad......h the old hat by trying to sit on the same days, it would be closed down with effect from 1st Baisakh, 1384 B.S. Sd/- M.A. Samad, Joint Secretary. L.A. & L.R.DIV., 8.3.77." 8. A review petition was filed by Salimabad has Commutes against this order but it was rejected. By his ord..Category: Property Law | Date: | Hits: 202
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