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Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....il procedure. 8. At the time of hearing of the appeal the appellant submitted in person that he was unable to engage a Counsel be-cause of his poverty. He is a rickshawala but he prayed for justice. Mr. Abdul Malek a Senior Advocate voluntarily offered his service to appear a......d false for which a miscellaneous case was started being Misc, Case No. 71 of 1980. 4. Evidence was led by both the sides and the learned Munsif found that the solenama was not genuine and accordingly rejected it with a direction that the original suit be proceeded with. The learned Muns......y a single judge of the High Court Division, Dhaka, in Civil Revision No. 234 of 1983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaratio......s thus pending it is alleged that the plaintiff intended for making a prayer for temporary injunction against the defendants restraining them from cutting away the paddy and for that purpose their lawyer obtained left hand thumb impression on some blank cartridge papers. But subsequently it..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: ......ook fairly at the language used". 5. As this appeal involves interpretation of taxing legislation, we requested the Attorney General to appear and assist us in arriving at a correct decision, and accordingly Mr. Abdul Wadud Bhuiyan, learned Additional Attorney General has appeared and made a len......….Appellant Vs. Gazi Abdur Rashid & others.……………………………………Respondents Judgment April 5, 1987. Result: The appeal is dismissed. Cases Referred to- Municipal Council, Palai vs. T. J. Joseph, AIR 1963 SC 1561; State of Punjab vs. Sukdev Saru......hedule I of 1960. He has pointed out that when Schedule I of 1960 was replaced by Schedule I of 1981 section 35A was not deleted which means that the Legislature with full knowledge of the existing laws on the subject replaced the Schedule of 1960 by the Schedule of 1981. As to the Schedule of 1..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......ant Vs. Md. Kobad Ali and others…. ………………………Respondents Judgment March 9, 1987 Case Referred to- Muhammad Swaleh V. Messrs United Grain & Fodder Agencies PLD 1964 (SC) 97—16 D......he High Court Division refused to condone the delay and summarily rejected the revisional application. 3. On behalf of the appellant it is contended that as no period is prescribed by law for filing an application under section 115 of the Code and as the delay in the matter was expl..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....as got inherent jurisdiction to stay further proceedings till the dispute is adjudicated in a proper forum. The Court has also got inherent power to stay further proceedings "for ends of justice" irrespective of the fact that the application was rightly admitted for hearing. Simil......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. ......he matter was fixed for hearing on 3 September 1986. On the dated thus fixed a petition was filed by the company for dismissing the application for winding-up on the ground of bona fide dispute as to the alleged debt of the company, in the alternative, for staying all further proceedings of the ...... as to bonafide dispute. The learned Counsel has also pointed out that the appellants filed the Title Suit after receiving the notice of the winding-up application. 7. The principle of law as to admission of a winding-up application is that mere filing of an application containing so..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... in saying that bitter matrimonial relationship played a part in this nefarious situation and while inflicting sentence such relationships cannot be overlooked. In this case, we think, ends of justice will be met if the three appellants are sentenced to transportation for life instead o...... 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. ......llants' conviction and sentence of death under section 303/34 of the Penal Code, passed by the Additional Sessions Judge, 3rd Court, Khulna, on 23 May, 1983. 2. The prosecution case relates to the murder of Sk. Elias, an inhabitant of village Satshika under Fakirhat P.S. of Khulna distri...... 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 Additional Attorney General submitted that since the property has vested in the Government, under section 3(a) of the repealing Act such decree is inexecutable against it. The vesting is, according to him, absolute, that is, the property had vested in the Government free from any encumb...... Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appe......hat these provisions could, no longer, have any application after the parent legislation, namely, Ordinance of 1966, ceased to exist. The learned Counsel then referred to the relevant provisions of law in this regard and their effect on each other and finally on the question involved in this ap&s..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....nce and attending circumstances against the accused. I agree 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 c......into the ditch, why only exactly three human skeletons were found by the I.O. in this case? Be that as it may, for though the accused were charged with murder, but the murder is not proved strictly according to law, the court must see whether they are guilty of some other connected offences on t......p;………....Appellant Vs. Fazal and others………………....Respondents Judgment March 12, 1987. Cases Referred to- AIR 1917 PC 25; Siraj Din v. Kala, 16 DLR, SC 95; A.I.R 1917 P.C. 25; 16 D.L.R (SC) 94. ......ed 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 resulted from pervers..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. ......ount Assistants which included previous permanently absorbed Senior Account Assistants from the daily wage list and also 42 Senior Account Assistants appointed on regular basis. The list was prepared according to Biman Employees (Service) Regulation, 1979. Respondents came to know of the list in Nov......hman J A. T. M. Afzal J Bangladesh Biman Corporation..........Appellant Vs. Syed Aftab Ali and others……………….......Respondent Judgment May 14 1986. Cases Referred to- Nava Kumar vs. Radhashyam. AIR 1931 (PC) 229; United Provinces Vs. Atiqa Begum, AIR 1984 PC......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)
....d apprehended that the matter of tenders was going to be manipulated in favour of Doongaji. He in this letter dated '20-11-46" brought, this matter to the notice of the Commissioner of Excise seeking justice and fair play. This letter bore an endorsement of accused No.1 bearing the date "21-11-46" t......h 1937 the dead body of a man was found in a brand new steel-trunk in a railway compartment at Puri Railway Station. The dead body was identified later on as that of Kuree Nakuraju of Pithapur and, according to autopsy report, it was a case of murder. Accused Narayan Swami of Berhampur, about 250 ...... State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The Appeal is allowed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhubo......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)
.... 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. ...... 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. ......llip;.Appellant Vs. Bangladesh represented by the Secretary, Ministry of Works & others……..Respondent Judgment November 9, 1986. Cases Referred to- AIR 1954 Call 208,34 DLR AD 25, AIR 1957 SC 354; AIR 1963 SC 780; Makhan Lal Chakraborty......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. ......hough we have only his own statement in proof of that allegation, but his illness does not explain why neither his pleader nor his brother, Fakir appeared on the 12th October. The petition is accordingly rejected with costs". 5. The learned Counsel for the appellant has laid muc...... Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Foo......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)
....certain condition and the authority in doing so performs the function of the affairs of the republic. When such authority oversteps or commits breach of rule or even in breach of principle of natural justice certainly such lapses and breaches can be challenged by Invoking the extra-ordinary Constitu......to the mailer before holding that the rent was not paid in time. 51. As to execution of development work, the Lease Deed shows that the lessee was to execute development work once in every 3 years according to the direction of officers of the Fishery Directorate. The lessee, appellant, contended ......d.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarw......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. ......he had executed the instrument, Ext.1. Had it been so, why he had received Tk. 30,000/ in cash from the Company by executing the Receipt, Ext. 5? He has admitted that he had executed this Receipt and according to P.Ws. 1 and 2, who were officers of the Company at the relevant time, Tk.30, 000- was p......TM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referred to- Balkrishan Das v. Legge, 27 LA. 58; Abdul Nabi Vs. Bajan Sahib and another, AIR 1944 (Mad) 2......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. ......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. ......y;quent purchasers from defendant No. 5 daughter, denied the plaintiff's claim. They asserted that Gour Majhi had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them. 5. The suit was decr...... 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. ......; 10. Income is a word of broadest connotation and it is not easy to decide whether the particular payment is to be regarded as his capital receipt. The character of the payment varied according to the circumstance, for instance, the amount received as consideration for the sale......peal by special leave is directed against tae judgment and order passed by the Division Bench of the High Court Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account of term...... 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)
....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. ......truction of the vessels. In violation of the terms of contract and the letter of credit appellant No 1 imported two second hand, re-reconditioned and used marine engines. Further, though according to terms of the contract, the vessels should have been completed/delivered by 16th Decemb......lant No. I for construction of the above mentioned cargo vessels. On 28th September 1980 a tripartite contract was made between appellant No.1, respondent No.1 and respondent No. 2. According to the terms of the contract as quoted below, appellant No.1 undertook to contract two vessels. The......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)
....y;dance) to go to the Police station, so near to the place of occurrence, and such omission, in our opinion, has affected the decision based merely on oral evidence and cause a miscarriage of justice. That there could be a concocted story of burning of the dwelling hut in order to falsely i......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. ......llip;………..Respondents Judgment May 15, 1986. Lawyers Involved: Aminul Huq, Advocate-on-Record.-For the Appellants. Syed Mudassir Hussain, Deputy Attorney General, instructed by Zinnur, Advocate-on- Record.—For the Respondent No. 1. E......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)
....int the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the proceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme......court comes to the conclusion that both declaration and cancellation have been intended then the court must grant both provided required court fee is paid. Regarding payment of court fee according to the value of the relief claimed all the three Judges, third Judge being Sayem, J. were......ip;.Appellant (in both the cases) Vs. Faizun 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......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. ......e for legal necessity of the deity. No wonder no argument 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. ......hellip;………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 1......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. ...... any document nor did they ever claim any benefit from or partition of this land. In fact they had no connection with the land from 1935, and nothing was known about them till they filed the suit, according to the defendants, just to take a chance to establish title. The suit is hopelessly barre......hellip;……Appellants Vs. Roushan Ara Begum and others……………Respondents Judgment March 16, 1980. Cases Referred to- Haroon Mia (1952) 4 DLR 114 ; Bindhu Bala (1952) 4 DLR 293; Maharaja B. Singh (1953) 5 D......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
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