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Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....18th October 1984 anew seniority list was prepared and the respondent’s positions therein were shown as they existed in the seniority list prepared on 30th September 1980. 3. In pursuance of the provisions of section 30 of the Bangladesh Biman Corporation Ordinance, 1977 the appellant Corporati......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)
.... and sections 162 and 164 of the Code of Criminal Procedure govern the law relating to confession. A confession or admission is evidence against its maker, unless its admissibility is excluded by provisions embodied in the Evidence Act. As the term confession was not defined in that Act the Cour......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)
....ent to pray for their addition as parties to the Writ Petition, thus reading unnecessary complications and would cause unnecessary delay in disposing of the writ petition. In referring to the provisions relating to the principles for making parties to a suit as contained in the provisions o......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)
....e 33. 8. Question was raised not only as to whether any loan was advanced to the appellants by the Sangstha under the tripartite agreement for which they may be proceeded under the provisions of Article 33 of the Order, but also as to when her the appellants could be said to fal......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)
....rument in the words 'adjudge it so" void; it also provides that the court ‘in its discretion’ may order the instrument, when adjudged void to be delivered up or cancelled. From the provision it is obvious that the declaration of nullity is the main and substantive relief, wh......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)
....nd rights to minerals in such estates, taluks, tenures, holdings and tenancies, except the inter-and rights which have already been by and have already vested in, tile Provincial Government under the provisions of the said Act." For acquisition of khas lands. Notification No. 4839-L .R, dated th......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)
....o 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 Property Act the Civil Court had any j......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)
....nt- petitioner (appellant) not having setup any case except that of a lessee in his written statement, he is neither a necessary nor a proper party in the suit". In this connection he referred to the provisions of section 108F (d)-(g) and the case of Prassanna Moyee vs. Kali Das, (1881) 9 Cal. L.R. ......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
Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....s Judgment April 22, 1986. The Criminal Procedure Code, 1898 (V of 1898), sections 265H, 265F, 265C & 339C The Sessions Judge cannot pass an order of acquittal without complying with the provisions under section 265F Cr.P.C. In a criminal trial the State being the prosecutor, it......ocess of the court if should be issued on the application of the prosecution. Without complying with this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this sta..Category: Criminal Law | Date: | Hits: 38
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Before exercising the powers conferred under section 79 (3), the Court must be s......d on 17th November 1983. Appellant is the permanent Managing Director of the Company. Respondents and another, namely, Farhad Ahmed Rafiq are the Members/Directors of the said Company. According to law, the first Annual General Meeting of the Company was to be held within 18 months from the date o..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....e 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 any presumption in favour of the Depu......f 1985.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the only question for consideration is whether the learned Single Judge of the High Court Division is well-founded in law in upholding the trial Court's decision that the Deputy Commissioner is competent to file writte..Category: Tenancy Law | Date: | Hits: 108
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