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Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....tion is whether the deed of gift is genuine or not the simple answer it, it being a reÂgistered document under section 60 of the Registration Act a strong presumption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution befo......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. ..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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 Sarup Gupta, AIR 1970 ......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: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
.... the following 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'......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. ..Category: Business or Commercial Law | Date: | Hits: 76
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....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 case reported in AIR 1917 PC 25, as referred to regarding the court's reluctance to ......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)
....se emploÂyees whose seniority will be affected in case the suit is decreed, were not impleaded in the suit. In support of this contention the learned Advocate has referred to a decision of the Privy Council in the case of Nava KuÂmar vs. Radhashyam. AIR 1931 (PC) 229 and another decision of the Fe......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)
.... This view was approved in the AIR 1952 (S.C.) 354 and in 1963 (3) (SCR) 678. 24. In the case of Lutfun Nahar Begum Vs. The state 27 DLR (AD) 29 this Court quoted the observation of the Privy Council in Bhuboni Shahu Vs. The King, 76 Indian Appeals 147. ‘Section 30, however, provides......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. ..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....Transfer of Property Act provides relief against forfeiture for non-payment of rent and divergent views were takes ii to whether discretion should be used in favour of a habitual defaulter. The Privy Council in Dulli Chand V. Meter Chand (1874) 12 B.L.R. 239 P.C. took the view that such relief can b......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion 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 CorpoÂration, 1987, 16 CLC (AD)
....evidence that oral 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 ......ny. He contended that the land along with the adjacent southern part had been purchased by him in 1953 with the dower money of his wife, defendant No.1, with a view to establish a Vocational Training Centre and an Educational Institute in memory of his wife's late father, a renowned poet of Banglade..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....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 decision pointedly referred "once it is admitted that they were sums received ...... 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. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
.... 11. The next question is in which case the court must insist on cancellation of the instrument after it is declared void or voidable. Consistent views of superior courts including the Privy Council are that a void document need not be cancelled. Cancellation of an instrument declared void......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
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....principle that has been laid down on the law of adverse possession by the highest authority. In Secretary of State for India V. Devendra Lal Khan reported in 61 IA 78=38 C.W.N. 285, the Privy Council laid down what constitutes adverse possession and observed: "As to what con......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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....Âlature says, unless it is contrary to the Constitution, its mandate, either express or implied, has been obeyed by Court. We are aware of the principle stated by the Judicial Committee of the Privy Council in the well-known case of Secretary of State vs. Mask, AIR 1940 PC 105. The principle as sta......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. 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
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
.... prosecution witnesses the defence case appears to be that the accused have been falsely implicated in the case at the instance of Abdul Hai and one Abdul Rashid. Both of them had contested the Union Council election, against the accused Muslim who succeeded in defeating them. 7. It was also sugg......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. ..Category: Criminal Law | Date: | Hits: 56
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......ance, 1983, before the Munsif-cum-Election Tribunal, Daganbhuian, bringing a number of allegations which related to the election held in one of the three Polling Stations, namely Dudmukha High School Centre, the election held in the other two Polling Stations remaining unchallenged. The allegations ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ections 100 and 115. 76. Section 100 Civil Procedure Code provided for second appeal. As far back as 1890 AD in the case of Durga Choudhrain v. Jawahir Singh, 17 Indian Appeal, 122(PC.), the Privy Council emphatically declared under section 584 of the earlier Code which corresponds to section 100......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....do not, however, appear to exist in the present case as will appear from our discussions. 23. In K. K. Shrivastava Vs. Bhupendra Kumar Jain, AIR 1977 SC 1703 the validity of an election to the Bar Council of Madhya Pradesh was under challenge before an elecÂtion tribunal (set up by rules framed...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....e logic therefore upholds the conÂtention of the defendant for the doctrine of acknowledgement to come into play. Mahmud, J. in his celebrated judgment in 10 All 289 (which was upheld by the Privy Council In the case of Habibur Rahman Chowdhury Vs Altaf Ali Chowdhury and others, 48 I.A. 114) poi...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....case the decree was corrected, "because that mistake ought to have been corrected as a matter of course." 17. In Seth Manakchand. Vs. Chaube Manoharlal and another reported in 48 CWN 435 the Privy Council considered the question and observed: "The question was what the decree meÂant and ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....unsel for him vigorously asserted its correctness, particularly of the following paragraph in that judgment which rum as follows: "7. Mr. Roy contends that the fact that long after this Privy Council decision the Legislature introduced the provision for issuing of notices of sale by regi......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
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