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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. ......meantime, the injured Elias was brought home, but expired within a few minutes whereupon the informant, Ayub Ali, went to the police station and lodged first information report which was recorded at about 10-30 P. M. that very night, that is, within two hours of the time of the inciden...... 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. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... 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. ...... the execution case instituted by the appellant be stayed 'so long as the suit property remains vested property'. The learned Judges of the High Court Division, however, affirmed the findings recorded by the Subordinate Judge. 7. Leave to appeal was granted by this Court on ...... 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. ..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. ......e finding of fact or by erroneous view of law In the instant case contention of the appellant is that the acquittal has resulted from perverse finding of fact in utter disregard to the evidence on record. I am also quite aware of the general principle enunciated by the Privy Council in the ......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. ..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. ......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. ......3. In pursuance of the provisions of section 30 of the Bangladesh Biman Corporation Ordinance, 1977 the appellant Corporation framed Regulation on 20th December 1979 for the purpose of regulating the services of Biman employees All previous rules and regulations were superceded by these Service Regu..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....me to her house in the afternoon. She was sleeping then. After waking up she and her husband took rice and fish together. No one saw them. The deceased, a young man of thirty-five years, might have a good satisfying reason for taking rice and fish at time with his newly married wife, though even in ......e submitted charge sheet against accused Lalu and Kabir. P.W. 21 stated that he was present when Nikhil Ranjan Day (P.W. 18) gave injection to a person whose right hand had injury marks. P.W. 23 recorded the confessional statement of accused Kabiruddin on 19.5.76. P.W. 24 recorded the F.I.R. an......e accused to the deceased from whom she had borrowed money at different times in small amounts totalling Rs. 3000/- on promise to repay with interest; (iii) the deceased was a peon in the service of the Dewan of Pithapur about 20 years ago and the wife of the accused was the Dewani's dau..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. ......mandamus was filed against the Government alleging malafide "it was the duty of the High Court to accord a hearing to the parties after issuing notice to the respondents and record its decision after considering the circumstances of the case which would have thus brought t......the Court that any person who desires to be heard is a proper person he may be heard irrespective of whether he has been served with a notice or not. Rule 9 provides that the Court may order service of notice of the writ petition upon a person who, in its opinion, ought to have been served..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....sider them we propose to see what is meant by "passing off" which Is rather a technical trade term The foundation of a passing off action is that nobody is entitled to represent his goods of somebody else. Foundation of a passing-off action is always deception or possibility of de......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. ......mers include, among others, Banga Bhaban. Bangladesh Biman, Defence Intelligence Directorate, Power Development Board, T & T Board and UNDO Dhaka. The company by rendering meritorious service to the customers already acquired considerable reputation in the field of computer busines..Category: Intellectual Property Law | Date: | Hits: 239
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. ......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. ......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. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....rlooking the fact that the respondents themselves subsequently revised the rate. 16. Now the question of development scheme, Mr. Ahmed pointed out that the respondent had issued what he termed as "good conduct" certificate by Annexure-C dated 4.4.84 and stated: "অতএব আবেদনক...... such a negligible fraction that no step was taken In this regard to thrash out the position if required at all. The learned Attorney General frankly conceded that before taking the proceeding the records do not show whether there was any enquiry by the Upazilla Nirbahi Officer, Kulaura. Mr. A......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....sale but was a mortgage. In view of the these facts and circumstances, we find that the concurrent finding of the courts below that Ext. 1 is an out and out sale is perfectly correct being based on good evidence. 7. Now coming to possession, P.Ws. 1 and 2, who were officers of the Company and ......orporation that appellant No. 2 stood in fiduciary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record of rights. Appellant No.1. On the other hand, appeared before the Revenue Officer, in August ...... 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. ..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. ......bsp; M.H. Rahman J.- Pre-emptors are the petitioners. Admitted case of the parties is that a non-agricultural holding comprising of eight plots recorded in seven khatians belonged to Chuni Lal Chowdhury and Dhirendra Lal Chowdhury in -/2/- an......t is now contended that the learned Single Judge exceeded his revisional jurisdiction in reversing the concurrent finding of the Courts below that the mutation orders were not binding for non-service of notice and other irregularities on their vendors-predecessors. It is further conten..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. ...... of Gour Majhi, but no paper was produced by him to substantiate his claim that his father Nagar was the son of Gour Majhi. P.W.1 Debendra, the plaintiff, admitted that the entire partible land was recorded in the name of defendant No.1 Jagadish; He did not claim that he raised any objection at a......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. ..Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....inted as sole selling agent and sole distributors for the cigarettes manufactured by the company in Hyderabad State. That was the agreement in 1913. In 1939 the assessee was given discount for goods sold outside the Hyderabad State In 1950, however, the company reverted to the old arra&......hman Co Ltd, 1980 B.T D. 242, In that case the assessee received the amount from gramophone company on account of the termination of a contract for sole distributorship for sale of gramophone records. It was held that it was not a revenue receipt. 13. In C.I.T. vs. Vazir Sultan & ...... Income Tax Tribunal on Clause 5 of the agreement which reads as under :— "The Secretaries shall be entitled to receive from the company as remuneration for their services as secretaries and treasurers a commission at the rate of 10% on the net profits of the ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....was paid to the appellants, never had or received this» amount from the Sangstha Quite arguably, if this claim is ever made by respondent No. 2 to the Sangstha, they would seem to have a good case. 12. In addition to such seemingly acceptable contention, on some critical an......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. ......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)
....ted that he along with P.W. 2 Abul Basher was coming from Harirampur Bazar and when they reached within 40/50 yards of the hut they heard an alarming sound of crying. P.W.3 stated that as some goods were in his hand he could not hurry up. P.W. 2 took his torch light and rushed to the place ......en by P W.9 Abdul Gofran an Advocate's clerk. 3. Defence case is that the accused Abdul Malek took settlement of the disputed land from the Sub-Divisional Officer, Noakhali and the land was recorded in the khatian in his name and the complainant had no right and possession in t......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. ..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. ......void and plaintiff's right has not been affected thereby will give him adequate relief. Of course, in view of this declaratory decree the instrument will not stand cancelled but will remain on record. In his own interest therefore the plaintiff should also seek the additional relief by way o......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
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. ......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. ......75) 2 Ind. App. 145 (PC) it is held that notwithstanding that property devoted to religious purposes is, as a rule, inalienable, it is competent for a sebait to incur debts and borrow money for the service of the idol and preservation of its property, to the extent to which there is an existing ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....un fraudulently managed to create the kabuliyat in question and put forth a claim over the suit property in an attempt to make illegal gains” and Alfazuddin purchased the entire 20 pakhis for good consideration and since his purchase possessed the same "openly and publicly adversely to......sp; 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 rent for his share of land nor his name was recorded in the landlord's sherista or in the relevant khatian. The trial court came to the conclu......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. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....ent receiving interest and the khas land of the rent receiver, the land which has vested with the Municipality since 1932 was not affected and therefore, the contentions of the defendants do not hold good. And, secondly, the defendants' plea of adverse possession, as noticed already, has no substa......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. ......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. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....is as follows: “(d) A decree for declaring that requisition order and the proceeding there under are all illegal, ultra vires, without jurisdiction, fraudulent, malafide, concocted, made not in good faith brought about undue influence and fraud be passed.” The learned Counsel submitted......Senior Madrasah was the person who initiated the proposal for requisition: (b) the purpose of requisition as shown in different proposals appear to be contradictory; (c) there is nothing on record to show that the proposal of defendant No.1 was verified in the locality by an authority befo......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. ..Category: Property Law | Date: | Hits: 48
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