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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......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. ..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......usal 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 England (Vol. 6, 538), as has already been referred to by Syed Ishtiaq Ahmed, it bus been stated that..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 ...... 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. ......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......h March 1984. Facts are: One Umesh Chandra Chowdhury, predecessor-in-interest of respondents Nos. 2-6 borrowed Tk. 10,000/- from the appellant on 1st October 1952 by mortgaging his landed property in P.S. Hathajari. Appellant was put in possession of the mortgaged property. ..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......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. ......ated 11-9-85 passed by a Single Judge of the High Court Division Dhaka (Sultan Hossain Khan, J) affirming in revision the decree passed 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......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. ..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 conviction and sentence of both the appellants and acquitted them of the charges under section 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...... he divorced her after 2 years when deceased Ashraf Ali married her just 3 days before his murder. Lalu lives just adjacent to Hafsa Khatun P.W. 3. Evidence was led that Hafsa Khatun had considerable land property 'তিন হাল জমি আছে।' She stated in cross "জায়গ..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...... 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. ..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......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. ..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, ......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)
....hen the government violates the terms of the contract with a mala fide intention or acts arbitrarily or in a discriminatory manner. Again, when it is alleged, as in the present case that rent for the lease-hold property has not been paid but the allegation Is denied by the lessee who produces undisp......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......reign function "performing function in connection with affairs of the republic or the local authority”. Such function can best be appreciated if matters of settlement of hat, bazar, fisheries, khas land, etc. are kept in view. The Government acts in these affairs in pursuance of some statutory p..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. ......ral evidence is inadmissible 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......iff-respondent's suit for permanent injunction against the defendants-appellants is maintainable. 2. Plaintiff-respondent it the Jiban Bima Corporation. It is the Successor of the erstwhile Homeland Insurance Company in that under the President's Order No. 95 of 1972-Bangladesh Insurance Natio..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. ...... No. 218 of 1984.) Judgment 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......urchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground that the pre-emptors had no subsisting interest in the case land: that pre-emptor No.1 got his jama separated in Miscellaneous Case No. 57 of 1963-64 and pre-..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. ......for partition. 2. The appellants' predecessor Debendra Chandra Mondal instituted Title Suit No. 171 of 1969 in the Second Court of Munsif, Narayanganj for partition of the suit property. His case is that Gour Majhi, the owner of the partible property, had two sons defendant No. 1 Jagadish......ondal predeceased his father Gour Majhi leaving behind this plaintiff (since dead) as his sole heir. After the death of Goar Majhi defendant No. 1 and the plaintiff Debendra inherited the partible land in equal shares and jointly possessed the same in ejmali. The plaintiffs' request for partitio..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. ...... 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 receipts of Tk. 1, 50,000/-as compensa......yment 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 of a plot of land may ordinarily he capital receipt but if the business of the recipient is to buy and sell land..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. ...... balance Tk. 25.75, 000/-only will be paid by them through a crossed cheque on a scheduled bank. The builder shall never increase the price of the coasters from the quoted amount in any case. ARTICLE 3: Payment will be made both by BSRS and Purchaser as per following......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)
....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. ......ts only under section 436 of the Penal Code and acquitted the seven others. On appeal the High Court Division upheld the order of conviction but reduced the sentence. 2. The prosecution case, at told by the complainant, P.W.1 Shah Alam, is that at about 7/8 P.M. on 14th December 1982......the fire. On 15th December, 1982 P.W.1 lodged a complaint, written 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..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. ......din in Ahmed J M. H. Rahman J A.T.M. Afzal J Sufia Khanam Chowdhury………………………….Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both ......dent, Faizun Nessa Chowdhury, an old widow, alleged that the husband of defendant-appellant, Sufia Khanam, came to her house accompanied by a relation, Dabiruddin and requested her to sell the suit land to Sufia Khanam whereupon an agreement was reached for sale of the land for a consideration of..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. ...... 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there was no sebait at the akhara of the deity. At that time Jahnabi Bais......s, on behalf of the deity Nrisingha Jue, filed Title Suit No. 115 of 1959 in the First Court of Munsif Habiganj, against the appellant and some other defendants for declaration of title to the suit land, recovery of khas possession and for mesne profit. The plaint-case is that in 1362 B.S. there ..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. ......Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the suit lands. 2. Plaintiffs' case, in short, may be stated that Jobeda Khatun and Md. Hedayet Baksha took raiyati settlement of ......, in Second Appeal No. 368 of 1974. Respondents filed Title Suit No. 163 of 1968 in the Court of Subordinate Judge, 2nd Court, Dhaka, against the defendants praying for partition of the suit lands on declaration of the plaintiffs' title la certain share of the suit lands. 2. Plainti..Category: Property Law | Date: | Hits: 50
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