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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. ......mount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C 83; Hendriks vs. Montagu Ch. D (17), 638; National Bank of India vs. The National Bank of Indore, AIR 1923 Bom. 119; Simatul Chemical Industries Ltd. v. Cibat..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. ......e Engineer, Relief and Rehabilitation AIR 1961 Assam 101; Talekhal Fishermen Co-operative Society vs. Bangladesh 1981 BLD (AD) 103; EFO Vs. Ram Sanchi AIR 1973 (S.C) 205; Ramana V.I.A. Authority of India A.I.R 1979 SC. 1628. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Isl..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. ......ib and another, AIR 1944 (Mad) 221; Kandaswami v. Vegheesam Pilial AIR 1941 (Mad) 822; Prabirendra Nath Nandy v Narendro Nath Nandy, AIR 1958 Cat. 179; Delhi Gate Service Private Ltd. v. M/s. Caltex (India) Ltd. AIR 1962 Pan. 370. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advoca..Category: Others | Date: | Hits: 104
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. ......C.I.T Vs. K Rahman Co. Ltd. 1980 B.T D. 242; C.I.T. vs. Vazir Sultan & Sons 36 I.T.R. 174; Kelsall Parsons Co Vs. I. R. 21 TC 608; Barr, Crombie & Co. Ltd., Vs. IR 15 ITR 56; CIT vs. South India Pictures Ltd. 29 ITR 910; Hari Kailash vs. CIT 22 ITR 195, AIR 1953 ALL 170; Kettlewell Bulle..Category: Fiscal/Taxation Law | Date: | Hits: 84
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. ......nd for re-excavation of an old tank. Defendant No. 1's further case is that the akhara was subsequently gutted by fire and the deity was destroyed and that the sebait Krishna Prosanna left for India after appointing Gabinda Das Baisnab as the sebait and that plaintiff No.1 Monindra Lay Roy, ..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. ......of adverse possession. 19. It is not necessary to recapitulate the 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 co..Category: Property Law | Date: | Hits: 50
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....dicate that Additional District Magistrate can lawfully perform the functions of the District Magistrate in authentication of a declaration……………..(14) Cases Referred to- Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129; Vine vs. National Dock Labor Board, (1956) 3 All England Report, 9......rate.” 13. In this connection the learned Additional Attorney-General referred to the case of Ram Pargas Vs. Emperor, AIR 1948 Allahbad 129, Here, an extradition offence was committed in an Indian state by a person who was liable to be arrested in British India on a warrant issued by the P..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......e exercised, by the High Court Division under section 439." This new section was inserted by Ordinance No. XLIX of 1978. It exists curiously enough part paw with section 438 Cr.P.C. while in India after such amendment and conferment of revisional power, section 438 enabling the Sessions..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
...., the learned Additional Sessions Judge rightly found the appellants guilty by application of section 149 of the Penal Code. The Appeal is dismissed…….(12) Cases Referred to- Jiban Molla Vs. Emperor, AIR 1933 Cal. 551(2), Piare Dusadh v. Emperor, AIR 1944, 1(C). Vtnkatachennaya v. Emperor A...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....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. ...... Earl of Dysart, 1916 AC 57; Dr. Nurul lslam vs. Bangladesh, 1981 BLD 140 (AD); Secretary of State vs. Tameside, (1976) 3 All E.R, 665; Batuk vs. Surat Municipality, AIR 1953, Bom. 133 (PLD I956 SC) (India) p. 13; Northumberland All E.R, 152 1 KB 338; Province of East Pakistan vs. Hajee Md. Zaman, P..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... 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. ......sts we may refer to the meaning of the expression 'persona designata'. 12. What is meant by the expression 'persona designata' is available from its definition in Aiyar's Law Lexicon of British India: "Where a person is indicated in a statute or legal instrument not by name, but either ..Category: Election Law | Date: | Hits: 154
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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 ...... the Court has power to rectify it; and (2) where the Court itself finds the judgment as drawn up does not correctly state what the Court actually decided and intended." 19. Coming to the Indian subcontinent in the case of C. K. Mukhopadya vs. S. M. B. Debi reported in AIR 1924 (Cat) 895..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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......ty but an illegality and therefore, the sale held without complying with these provisions was null and void as not being sale under Act XI of 1859, vide Lala Mobaruk Lal vs. The Secretary of State of India ILR 11 Cal. 200 FB. This decision appears have been over-ruled by the Judicial committee of th..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged 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) 106 ......e question of guardianship of minor children leaving scope for difference of opinion, there being no definite rule in the Quran of Sunnah on the matter. 19. It appears that superior Courts m the Indian Sub-continent considered if permissible for Courts to depart, from such rule, that is to say,..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......er of National Insurance, All E. R. 1951 Vol. (1) p. 368. AIR 1963, S.C. 1811 Dr. S. L. Agarwal Vs. The General Manager, Hindustan Steel Ltd, AIR I970 SC 1150, and Ranju Kumar Chatterjee Vs. Union of India, AIR 1969 Cal. 95, Pakistan Vs. Naseem Ahmed, (1962) 14 DLR (SC) 169=PLD 1961 SC 445; State Vs..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....gh Court Division is upheld. Cases Referred to- Surendra Nath Sarkar vs. Kali Pada Das, AIR 1940 Cal. 232; Ma Si. Muthuveeran Chettiar Vs Mottayan Chettiar, AIR 1942 Mad 283; Raghubir Singh vs. Emperor, AIR 1931 Oudh 81. Lawyers Involved: K Z Alam, Advocate instructed by Md. Aftab Hossai......ons 137 138, 141 and 141A refer to offences discovered by a particular procedure. They impose no restriction on the manner in which offences may be taken cognizance of." 18. In the case of All India Anglo Indian Association Vs. R. A. Massey AIR 1956 Punj 210, the Court, in considering as to w..Category: Criminal Law | Date: | Hits: 59
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......sions of this section. In view of the aforesaid provision a duty is cast on the appellate court to dispose of the appeal on merits. In the case of R.G. Jadav vs. State of Bombay AIR 1960(SC) 748, the Indian Supreme Court had considered similar case and observed: ''It seems to us however, having..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......658; O.L. Universal Bank vs. Qureshi AIR 1945 Lah 146; 52 CWN 535; AIR 1920 Cal 789; AIR 920 Mad. 571; AIR 1955 Pat. 486; Sankarlal Agarwala AIR 1965 (SC) 507; Peninsular L.A. Co. 1936 Bom. 24; Union India Sugar Mills Co. ILR 44 All, 151; De-venkumar Mishra AIR 1955(Pat) 486; Ramesh 47 Cal 901; Nena..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......w, the tenant cannot convert his tenancy into a permanent one by doing act adverse to the landlord." The observation of the Patna High Court appears to have been approved by the Supreme Court of India in A.I.R, 1966 at 629 (at page 634). 12. We are in respectful agreement with this propositi..Category: Property Law | Date: | Hits: 63
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......ction 145 does not apply to admissions. An admission is admissible proprio vigore and is given in evidence as substantive evidence and not for contradiction purpose". The Supreme Court of India, in the case of Bharat Singh and others Vs. Mst. Bhagirathi reported in A.I.R. 1966 (S.C.) 4..Category: Property Law | Date: | Hits: 37
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