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The State Vs. Fazal and others, 1987, 16 CLC (AD)
....ittal with conviction in the following words: "Reversal of the acquittal by the High Court and its replacement by a conviction is possible only if the Supreme Court be satisfied independently that evidence in the case wag in quality and quantity adequate to support the convic......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. ......currently 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 examination and interview, selected for appointment as Senior Account Assistants. In the list prepared in order of merit respondent Nos. 1..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....hal the evidence against the accused excluding the confession altogether from consideration and see whether, if it is believed a conviction safely could be based on it. If it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. B......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
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....duciary relationship between the principal and agent, no question of adverse possession could arise. As to defendant No 1, finding of both the courts was that she got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men in the erection of a ...... 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. ..Category: Others | Date: | Hits: 104
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....e Absence of a prayer for consequential relief; (ii) whether the cancellation of a document is a consequential relief or further relief under section 42 of the Specific Relief Act or it is an independent relief which cannot be available to the plaintiff except by a separate suit under ......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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....arred by any law. It seems that the High Court Division rejected the plaint on clause (a), in other words, that the plaintiffs have no cause of action since the plaint does not disclose of action independently of the requisition order. So, the plaint' is required to be rejected. 37. With res......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. ..Category: Property Law | Date: | Hits: 48
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....management of the internal affairs of the Company either as a share-holder or director of the company. If necessary the Court may, in exercise of the powers conferred by section 79(3), appoint an independent person to preside over such meeting. This may not be viewed as interference with the int...... the Company which delegated the power to make the balance-sheet and profit and loss account ready for submission to the Directors, the respondents appointed M/S. S. F. Ahmed & Co. as auditors, which appointment was, therefore, legal but the appellant who is the Managing Director of the Company ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....Officer as rent of the premises 8. Be that as it may, in a suit for ejectment of a monthly tenant it is the tenant who is the only person acquainted with the facts of the case to contest the suit, independent of any other question. In this suit the Military Estate Officer in view of the statuto...... 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 ..Category: Tenancy Law | Date: | Hits: 108
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
.... held that the 4M Form was not submitted to the Returning Officer by the Presiding Officer who thereby contravened the mandatory provision in rule 40 of the Election Rules, 1983, and concluded that independent of any other questions, contravention of the mandatory provision as to Form 'M’ vitiat......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ould only enquire whether the order of the Joint Secretary was male fide or arbitrary or was based on sufficient materials and it did not fall within the domain of the Civil Court to embark upon an independent enquiry to determine which hat was older; that Civil Court should not have, therefore, d......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
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....pt. It is generally known to our people, used as they are in the functioning of an independent judiciary for upwards of a century, that the Munsif is the lowest-level representative of an independent organ of the State. Our people have not seen and are not used to seeing a pliable or a......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
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. ...... 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)
.... the offspring of Amir Ali through any of his wives is not a legitimate son of Amir Ali and, on this finding, decreed the suit. On appeal, the learned Additional District Judge also arrived at his independent finding that Amir Ali had only three wives that he had no wife named Monowara Begum wh......entage other than that of Md. Amir Ali Mia cannot be granted in view of the proposition of law mentioned above, the second prayer does not come for consideration in as much as the conditions for appointment of Mutwalli are mentioned in the Wakf deed itself and it is for the statutory functio..Category: Family Law | Date: | Hits: 239
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....ifferent age limits for boys and girls with respect to their hizanat. In Hedaya, it is stated: "The right of hizanat with respect to a male child, appertains to the mother, until he becomes independent of it himself, that is to say, he becomes capable of shifting, eating, drinking and pe...... Welfare of the child is to be considered while appointing guardian of the minor consistent with personal law to which the minor is subject to. Deviation from Hanafi School of Law is permissible for appointment of guardian, on the paramount consideration of the Child’s welfare. The Appeal is dism..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....irs (including defendant No.1) continued to possess the premises. This is "holding over", for without Kala Mia’s tenancy they could not have entered upon possession particularly when the claim of independent title by purchase has fallen through. They say that they did not pay any rent to the app......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
.... The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operat...... 135 of the Constitution……(15) The Register’s power of supervision of a co-operative society does not alter the character and status of the organisation namely the bank to whose service the appointment was made…..(16) Principle of natural justice was duly applied with the respondent e..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......ing six months, or with both." 10. In support, of his argument that no private complaint is permissible, appellants' Advocate referred to the provisions of section 37 of the Act which provides for appointment of officers to carry out the purposes of the Act. Section 37 of the Act runs as follows:..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......n in the said notice. From the aforesaid it may be concluded that the petroleum company, M/s. Burmah Eastern Limited acted arbitrarily in cancelling the agency of M/s. Mohammad Ali & Sons and appointment of M/S. Idris Alam & Co. as agent in place of M/s. Hajee Mohammad Ali & Sons of ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....………..(14) The Petition containing the prayer for winding up of the company and the rectification of the share registrar being not entertainable, two separate petitions with prayer aforesaid independently may be filed before the Company Judge and both the Petition may be heard and disposed ...... 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. ..Category: Company Law | Date: | Hits: 195
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......d circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists who have already been transferred to the general side as clerks Grade-II should count from the date of their appointment as coin/note examiners and typists as the case may be for the purpose of promotion to th..Category: Employment/Service Law | Date: | Hits: 87
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