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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. ......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. ......t none of the grounds upon which the learned judges have purported to acquit is at all supportable, the Supreme Court will be reluctant to interfere even though upon the evidence on record and the facts and circumstances of the case it might well have come to different conclusion if it was ..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. ......in service will be guided by the aforesaid Regulations which were published for the first time on 28th December 1979 and in determining their seniority Regulation 18 (a) shall apply, there being no question of retrospective operation of the service Regulations that respondents were new entrants ......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..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......r Das was last person who saw them together. Then the beheaded body was recovered from the tank at the instance of the police by P.W. 12. 15. Undoubtedly deceased Ashraf Ali was done to death. The question is who did it? We have discarded the evidence of P.W. 2, the rickshaw-wala, who claimed to ......her the High Court Division had taken wrong view of law while rejecting the confessional statement 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 benefit of doubt. 13. A..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. ...... an allottee under the Government since 1st January 1975. Appellant opposed their addition as respondents contending that they are not necessary parties for the purpose of disposal of the issues in question. On 28th August 1986 the learned Judges of the High Court Division allowed the applicatio...... 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..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
.... company, such as Memorandum of Articles of Association have been produced before us by either party. Section 11 of the Companies Act provides that a company shall not be registered by a name identical with that by which a company in existence is already registered or so nearly resembl......o. 21 of 1986.) Judgment: Shahabuddin Ahmed J.-That appeal by special leave calls in question an order of a learned Single Judge of the High Court Division dated 26 June 1986 refuting ...... 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 ..Category: Intellectual Property Law | Date: | Hits: 239
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. ...... order of the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the le......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..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. ......nt. Civil Appeal No. 6 of 1985. (From the judgment and order dated 21-8-84 passed by the High Court 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......, Respondent filed a suit (T.S. No. 122 of 1976 in the 1st Court of Munsif, Dhaka, which was subsequently 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..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. ......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. ......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..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. ......ceded that the learned Munsif erred in this regard in placing the onus on the defendant. 7. After considering the oral evidence adduced by the parties, we find it inconclusive as to the question of parentage of the plaintiff. The onus on the plaintiff to prove that his father Nagar w......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)
.... 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. ......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 termination of the ag......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..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. ......al leave to appeal to consider the contentions that since the appellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to repay the amount in question and the order of attachment of their properties was not legally sustainable. Further,......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..Category: Business or Commercial Law | Date: | Hits: 100
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. ......followed in the matter of amendment, but In appropriate cases the rigidity may be relaxed and amendment may be allowed eve alter 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 muc...... 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..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. ......No submission was advanced before the High Court Division with regard to defendant's settlement from the out-going sebait. 5. Being confronted with the concurrent finding that the questioned settlement was not for any legal necessity of the deity, the learned counsel for the app......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. ..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. ....... 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 given on that point. The question of equity does not come, it is contended, since it is the law that should be applied. Mr. ...... 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..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. ......the High Court Division by saying "the plaintiff is very much the owner of the suit land and cannot be denied any relief in the suit on the ground that it has lost its title," Mr. Pal argued that the question was not answered in the judgments of the courts below as to how this suit land vested in ...... 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..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. ......n possession of Madrasah was only .60 sataks. In reality the Madrasah has been in actual khas possession of .94 sataks and defendant No.1 in possession of .37½ sataks of land. Further, property in question was requisitioned before the same was actually approved by the Government. Also, the requir......uence and by using it managed to obtain a letter of recommendation from the Ministry of Education for requisitioning the suit and without making any enquiry whatsoever and ascertaining the real facts the Ministry had issued the letter of recommendation Defendant Nos. 2 and 5, the requisiti..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. ......ing his signature. It is also not denied that accused Kamini had made allegation against a police officer, S. I. Sekander Ali and also brought a suit against him which is still pending. As to the question of recognition, P.W.1 is the only witness. Of course her statement that she told abou......nd about 4/5 months before, according to P.W. 5, a close neighbor and cousin of the deceased. 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 neighbour..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 ......ccording to law, the prosecution ought to have moved the Court for securing the attendance of the witnesses of the prosecution by issuance of necessary process. Leave was granted to consider the question whether the order of acquittal was correct. 5. Mr. Rafiqur Rahman, learned Counsel appea......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 ..Category: Criminal Law | Date: | Hits: 38
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 ...... 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 ......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 appellant attempted to controvert the facts stated by the respondents as contained in their application. 10. The position as emerged fr..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... 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 ......petence to do it. In respect of the Ministry of Defence, under sub-head "Military Lands and Cantonment Service", the authorised person is "any Military Estate Officer". The ejectment suit in question relating to a premise in the Cantonment Area. The Military Estate Officer is the person is ......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..Category: Tenancy Law | Date: | Hits: 108
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