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Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......s Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......y filing a written objection denying all the material allegations made by the respondent. 5. Several witnesses were examined on either side and documents proved in support of respective cases. During the pendency of the election petition as many as three Munsifs came in and acted as ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......is suit for declaration of title and khas possessions. 3. Defendant-1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he t..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......) on 29th April 1984. Afia Khatun transferred the entire plot No. 404 to her daughter Maleka Khatun (appellant No. 1) on 6th March 1975. 3. Abid Ali, respondent No. 1, filed preemption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he g..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......ment from defendant No.1, the Assistant Custodian, who treated the property as enemy property on the basis of a false report of the Tahsildar. 3. This suit was contested by the defendants. Their case was that the suit proÂperty belonged to Surendra Chandra Saha, who let out the same to the pla..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......being the members of the Minority Community, it was decided that they would execute the necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land when the Pakistani A..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......at a false and bogus solenama was created for compromising the suit and the same was filed in the Court The plaintiff challenged this solenama as fictitious and false for which a miscellaneous case was started being Misc, Case No. 71 of 1980. 4. Evidence was led by both the sides and..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: ...... Taxing-officer of the High Court DiviÂsion determined the Court-fee for this appeal at Tk. 17,250/- by adding 15% of Tk. 15,000/- relying upon section 35A which provides for exceeding this limit in cases involving higher valuation of the suit. The appellant paid the excess amount of Tk. 2,250/-wit..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. ......n is to be filed within the period of ninety days, prescribed by law for an appeal, and that the High Court Division may in its discretion entertain an application beyond that period in a suitable case where there is no negligence or laces on the part of the petitioner. This is a long standing p..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....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. ......terms: "The winding-up matter is a serious affair which is evident from the perusal of the entire Part V of the Act and in this connection the anxiety of the Privy Council in the case of unjustified winding-up order may be noticed. " In Halsbury's Laws of Engla..Category: Business or Commercial Law | Date: | Hits: 76
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. ......ming the appellants' 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 ..Category: Criminal Law | Date: | Hits: 62
....
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.
......adsha Miah filed an
objection under section 47 of the Code of Civil Procedure being Miscellaneous
Case No. 36 of 1967 claiming to be in possession of the mortgaged property. The
miscellaneous case, was, however, dismissed on 25th March 1967.
4. Thereafter on 3rd April 1967
respondent..
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. ......warranted in view of the evidence 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 erroneou..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. ......ated 11-9-85 passed by a Single Judge of the High Court Division Dhaka (Sultan Hossain Khan, J) affirming in revision the decree pasÂsed concurrently by the Courts below. 2. Plaintiff-respondents case is that they along with others numbering 42 persons in all were, on the basis of a written test..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. ......d No. 1 and allowed the appeal after setting aside the conÂviction and sentence of both the appellants and acquitted them of the charges under secÂtion 302, 201 and 202 B.P.C. 2. The prosecution case was that on 30th April, 1976 deceased Ashraf Ali married Hafsa Khatun, P.W. 3. She was the wido..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. ......on. 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 support of his contentions..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....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. ......o.1 and 2 got no right to speak or do anything on behalf of the company, 5. The learned Single Judge, as already stated, refused injunction observing, among other things, that no prima facie case was made out for an injunction and that the two names were not similar so as to create any co..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. ......re on the ground that the decree was not executable because neither the award nor the decree did calculate the total outstanding due to the decree-holder. 2. After withdrawing the execution case the appellant filed Miscellaneous cast No. 884 of 1979 for review of the decree. On 4th July, ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....d others Vs. State of Bihar and others, AIR 1977 (SC) 1496 the Court considered whether the breach of contractual obligations can be remedied by writ jurisdicÂtion. In that case the contract was not rooted in any statutory power or obligations. It was a case of revising the rate of royalty payÂabl......pugned order was passed being Annexure— A which has been quoted above. 7. The appellant challenged the impugned order by filing a Writ Petition and the High Court Division while dealing with the case considered number of submissions which would be considered at the appropriate stage and ultimat..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 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. ......ral evidence is inadmisÂsible for the purpose either of construing the terms of a document or of ascertaining the intention of the parties thereto. The Judicial Committee of the Privy Council in the case of Balkrishan Das v. Legge, 27 LA. 58 considered the question whether two deeds of conveyance p..Category: Others | Date: | Hits: 104
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