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Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....nstrued and that the impugned decision in palpably erroneous, The learned Advocate has explained that the earlier Seniority list was prepared on erroneous view of law and in correct information about facts. The learned Advocate has argued that the Regulations, to be precise, rule 18(a), have not bee......sent: F.K.M.A. Munim CJ Badrul Haider ChowÂdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- ......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)
....her the High Court Division had taken wrong view of law while rejecting the confessional stateÂment of the accused persons and whether the High Court Division correctly came to the conclusion in the facts and circumstances of the case the accused persons should be given beneÂfit of doubt. 13. A......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......-sheet under section 303 and Kabir was charged under sections 201 and 302 B.P.C. The proÂsecution examined 25 witnesses and the defenÂce examined none. 4. The trial court on consideration of the evidence came to the conclusion that accused Lalu committed the murder and convicted him under secti..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... the writ petition. In referring to the provisions relating to the principles for making parties to a suit as contained in the provisions of Civil Procedure Code and also having regard to the facts of the present case he submitted that their inclusion was not at all necessary. In suppo...... Mohammad Ayub, Advocate-on-Record—For the Respondent Nos. 6 end 7. Not represented—For the Respondent Nos. 1 to 5. Civil Appeal No. 56 of 1986. (From the Judgment and Order dated 28-8-86 passed by the High Court Division, Dhaka in Writ Petition No. 288 of 1...... 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. ..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... any confusion in the public mind. Mr. Ishtiaq Ahmed, learned Advocate for the appellant, has seriously challenged this observation of the learned trial Judge and has contended that in view of the facts disclosed in the evidences adduced it in a clear case of "passing-off" in that not ......buddin Ahmed J M. H. Rahman J A.T.M. Afzal J Shafquat Haider & others………………….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Case......public mind. Mr. Ishtiaq Ahmed, learned Advocate for the appellant, has seriously challenged this observation of the learned trial Judge and has contended that in view of the facts disclosed in the evidences adduced it in a clear case of "passing-off" in that not only the two names, Cip..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....ed 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/- + 36.000/-) annual......r AIR 1973 (SC) 1121; M/s. Momin Motor Vs. Regional Transport Authority PLD 1962 108; Chairman Chittagong Pourashava Vs. Md. Amjad Khan 1980 B.S C.R. 54; M/S. Radha Krishna Agarwal Vi. State of Bihar and others AIR 1977 Patna 65; Shitla Prasad vs. M. Sadiullah and others AIR 1975 (All) 344 (F.B) Pur......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
...., Respondent filed a suit (T.S. No. 122 of 1976 in the 1st Court of Munsif, Dhaka, which was subseÂquently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land......ed in: 39 DLR (AD) (1987) 78. ......ortgage-deed on condition for reconveyÂance if and when the mortgage money was repaid. But nothing of this sort was mentioned anywhere in the Deed, Ext.1, and this claim is entirely retted upon oral evidence of the vendor. Oral or extraneous evidence to contradict the terms of the contents of a doc..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....tion case, and in support of this contention reliance is placed on Mohammad Abdur Rouf vs. Ahamuda Khatun 33 DLR (AD) 323. 6. We do not find any substance in these contentions. In this facts and circumstances of the case the principle laid down in Md. Jebed Ali and others V. Rak......ion (Civil) Present: FKMA Munim C J Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Sree Monoranjan Banik and another……………………………&......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. ......vision (Civil) Present: F.K.M.A.Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A. T. M. Afzal J Sree Gopal Chandra Mondal and another.........................Appellants Vs. Lasman Dasi & ot......smissed the suit. The appellant's grievance is that the High Court Division erred in affirming the finding of the appellate court as to the parentage of the plaintiff ignoring totally the oral evidence adduced by the parties. 6. There is no dispute that in a suit for partition which ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....ribunal which was also dismissed. 5. In the proceeding under section 66(1) of the Income Tax Act the following question was considered by the High Court Division: "Whether in the facts and circumstances of the case, the Tribunal was legally justified in holding that the r......1986. Cases Referred To- AIR 1932 (PC) 138: C.I.T Vs. K Rahman & Co. Ltd 1980 B.T.D. 242: C.I.T. vs. Vizir Sultan & Son 36.I.T.R. Goderaj Co vs. C.I.T. 37 I.T.R. 381; Karam Chand Tahapar and Bros. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) C.I.T Vs. K Rahman...... 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
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....stha, respondent No. 2 and the appellants) such person becomes liable for payment of that loan and also amenable to the procedure for recovery of the loan prescribed thereunder. In these facts and circumstances I find no reason to interfere with the order of the learned Judges of the H...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Present: Dira Dockyard and Engineers Ltd. and others.... Appellants Vs. Bangladesh Shilpa Rin Sangstha &......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. ..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. ...... General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. Ex-parte—For the Respondent No. 2. Criminal Appeal No. 29 of 1985. (From the judgment and order dated 29th September, 1983 passed by the High Court Division, Comilla Bench in Criminal ...... peace. In this case the two eye-witnesses, PWs. 1 and 2 were inimically disposed towards the accused persons. All other witnesses were merely chance witnesses. 13. Let us examine the evidence a little closely. P.W. 1's statement that as he got the scent of fire he came out o..Category: Criminal Law | Date: | Hits: 57
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
.... the, expiry of the period of limitation But in the instant case the question of amendment of the plaint as directed by the learned Single Judge will not be of much importance in view of other facts and circumstances which are going to be discussed presently. 5. Mr. M. H. Khondkar has...... Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965) 17 DLR (F-B) 119; Katia Pillai. AIR 1929 Mad 393; Petherp......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
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
.... Reliance was placed on some highest authorities claiming title by adverse possession 46 I.A. 46 and 61 I.A. 78. Mr. Pal further argued that conception or Hindu caste cannot be imported in the facts of this case nor of law of agency can be applied, inasmuch as, no relevant evidence was give......ivision (Civil) Present: F.K.M.A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Hazera Begum and others………………………Appellants ......ledge of all including the heirs of Hedayet Baksha. 5. The trial court on consideration of the evidence dismissed the suit and the finding was that no evidence was led that Hedayet had paid any ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
.... vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial court upon consideration of the evidence and facts and circumstances of the case dismissed the suit holding that the Municipality was a lessee un...... (AD) 16. ......the said land vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial court upon consideration of the evidence and facts and circumstances of the case dismissed the suit holding that the Municipality wa..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....uence and by using it manaÂged to obtain a letter of recommendation from the Ministry of Education for requisiÂtioning the suit and without making any enÂquiry whatsoever and ascertaining the real facts the Ministry had issued the letter of recomÂmendation Defendant Nos. 2 and 5, the reÂquisiti......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an......title suit by looking into the plaint wheÂther there are sufficient facts relating to mala-fide requiring Court's requiring thereof, but the point can only be determined conclusively if after taking evidence, both oral and docuÂmentary, the allegations are proved. This could be done at the trial w..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....nd about 4/5 months before, according to P.W. 5, a close neighbor and cousin of the deceaÂsed. Another part of the same land was claimed by appellants Kanu, Misri and Nannu (who are brothers). These facts are not disputed. Khursheda is the daughter of Haji Hatem Ali, a close influential neiÂghbour...... allsowed. The Code of Criminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on ......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 Vs. Crown, 5 DLR (FC) 107. Lawyers..Category: Criminal Law | Date: | Hits: 56
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......quittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it was the duty of the State to secure attendance of the witnesses and for any reason, if needed, the process of the court if should be issued on the application of th......efore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) After taking evidence for the prosecution, examining the accused and hearing both the parties, if the court consi..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....Board of Directors on 3.9.84 and the accounts and balance sheet placed in the said General Meeting made upto 31.12.84. In their Affidavit-in-Opposition the apÂpellant attempted to controvert the facts stated by the respondents as contained in their application. 10. The position as emerged fr......¦â€¦â€¦â€¦â€¦â€¦...Appellant Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court ......les 39, 40 and 41 of the ArÂticles of Associations. Coming to the proviÂsions of section 79(3) of the Companies Act the learned Counsel emphasized that without conÂforming to these requirements as evidenced in the Articles of Association mentioned above and the aforesaid provisions of law in the ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case" 4. Rule 1, as quoted above, provides that in any suit by or against the Go...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a NotiÂfication dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written stateÂment. The Government by a NotiÂfication dated 14th ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....other evidence that when becoming an attesting witness, he must have fully understood what the transaction was, his attestation may support the inference that he was a consenÂting party. From the facts and circumstances discussed above, it would appear that respondent No. 1 (d) had consented to ......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......hutt Misser Vs. Bhagwat Narain Thakur (1898-99) 3 CWN 207 it was held that though the mere attestation of a deed by a relative does not necessarily import concurrence, yet, where it is shown by other evidence that when becoming an attesting witness, he must have fully understood what the transaction..Category: Criminal Law | Date: | Hits: 88
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