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Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....s. 3(h) to 3(p); and since plaintiff's purchase in 1951 he has been paying the rent. The rent-receipts were excluded from consideration by the lower Appellate Court taking the view that these are provisional receipts and that they carry little weight in that "any person interested in a land......onsidered and re-assessed the entire evidence in second appeal as if it were a first appeal, whereas such re-assessment and reconsideration of evidence on a question on fact is strictly prohibited by law. The learned Counsel has argued that there was no illegality in the decision of the lower Appell..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
.... exercise of the writ jurisdiction of the High Court Division. 7. In deciding the question whether section 82 of the Civil Procedure Code applies to the present case it is necessary to quote the provision of section 141, C.P.C. which reads as follows: "141. Miscellaneous proceedings.-......it under section 9, C.P.C., but more akin to the proceeding under section 115, C.P.C., that only those provisions of the C.P.C. which are procedural and not in the nature of the substantive law may apply and that those provisions laying down penalties for failure to comply with the provisi..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....lars or registers mentioned in the aforesaid Rules and if the employer fails to produce those particulars and registers instantly to the Inspector, then that failure per se does not attract any penal provision. There must be evidence that the employer does not maintain those particulars and register......eing undisputed, Article 31 of P.O. No.26 of 1972 ensures a continuity of the application of the said Act to the new nationalised banks. Article 31 of P.O. No.26 of 1972 is as follows: "All laws relating to banks and banking companies shall, subject to such adaptation and modification as m..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....effect that the suit land where cattle Market sits once in a week is not a hat within the meaning of section 2 of the East Bengal State Acquisition and Tenancy Act as such is not acquitable under the provisions of the said Act. It was further case of plaintiffs that no compensation assessment roll h......sional application and obtained this rule. 6. Mr. Syed Shamsur Rahman, the learned Advocate has appeared on behalf of the petitioners. He submits that both the Courts below committed an error of law dismissing the suit of the plaintiffs in as much as the order of acquisition of the suit land is..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....led. The learned District Judge, vide his order dated 5-4-76, held that if the executor dies before obtaining Probate it cannot be granted to his heirs. The view was taken that substitution under the provision of the Code of Civil Procedure could not be done in view of section 222 read with sections......urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)
.... disposing criminal appeals in the light of the observations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68. ......dinate to the District Magistrates. 5. In the present case, the learned Additional District Magistrate without admitting the appeal passed the following order:- "Heard the learned lawyer. I find no ground for its admission. Hence rejected. This order shows a total non application..Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1
Abdus Salam Master and another Vs. The State, 1982, 11 CLC (HCD)
....0 Cr.P.C. provides that a Magistrate taking cognizance of an offence on complaint shall at once examine the complainant and the witnesses present, if any, upon oath (By Ordinance No.XXIV of 1982 this provision has been slightly amended and it has been provided that the Magistrate shall at once exami......xclusively by the Court of Sessions coming within the ambit of clause (b) of Section 190 Cr.P.C., the Magistrate after the amendment omitting enquiry under Chapter XVIII Cr.P.C. is required under the law to send the case to the Court of Sessions for disposal in accordance with law. In a complaint ca..Category: Criminal Law, Procedural Law | Date: 28 Nov, 1982 | Hits: 1
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ....... The pre-emptor filed an application for pre-emption stating that he is a non-notified co-sharer by inheritance. The pre-emption case was filed within time after proper deposit as required under the law for pre-empting the land sold by kabala, Ext. 1. 3. The pre-emptee contested the proceed&sh..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....cally charge sheeted in our opinion in the particular facts of the present case it must be held that the taking of cognizance by the Additional Sessions Judge has been clearly in contravention of the provisions of section 193 Cr.P.C. It is necessary to consider the effect of the rejection of th......;ceeding against him the Court may discharge the accused or send the 'petition of complaint left undisposed of to the Court of the learned Sub-Divisional Magistrate for disposal according to law as provided under sub-section 2(A) of section 202 Cr.P.C." The next impugned order is dated..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....Powers Act as the case may be, one can always apply for the quashing of such proceeding under section 561A Cr.P.C. Section 29 of the Special Powers Act has clearly provided for the application of the provisions of the Criminal procedure Code so far as they are not inconsistent with the provisions of......be called injurious to public health. 7. In order to consider an offence under section 272 of the Penal Code and 25C(a) of the Special Powers, Act, it may be observed that both the provisions of law have been made in similar language. Section 272 Penal Code says that whoever adulterates any art..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....rd and tenant or merely that of licensor and licensee the decisive consideration is the intent on of the parties. This intention has to be ascertained on a consideration of all the relevant provisions in the agreement. In the absence, however, of a formal document the intention of the part...... the other hand, a ''license" as will appear from its definition in section 52 of the Easement Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only p..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
....lly have the same effect as an order of acquittal although in law there is no legal bar to the revival of fresh proceedings in respect of the same offence. He submits that as long as there is no provision for a review Criminal Proceedings against an accused once ended on merit cannot he re......upport of his submission that an order of discharge which, is passed on the merits and which is upheld by the Sessions Judge will practically have the same effect as an order of acquittal although in law there is no legal bar to the revival of fresh proceedings in respect of the same offence. H..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....order of injunction passed by the Subordinate Judge was not in accordance with law in view of the fact that the Civil court had no jurisdiction to pass an order of injunction in view of the provisions of the East Pakistan Government and Local authority, Land and Building (Recovery of ......s obtained against the Additional Deputy Commissioner (Rev.), as Custodian of vested and non-resident property and that the order of acquisition was for public purpose and made according to law. The learned Subordinate Judge after hearing the parties by his order dated 21-1-1977 found that..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....f limitation/Extension of the Period of limitation- Period of limitation set under Section 7A of the Emergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No s......of procedure, it involves a substantive right. There is no scope for review of an order by which an award is made under subsection (1) of Section 7A of the Act. It is a settled principle of law the review is not a matter of procedure. It involves a substantive right. The right of revi..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
....ation in relation to a period subsequent to 30-11-75; that after the expiry of the agreement of lease the corporation accepted rent upto November 1976 and the lessee became a monthly tenant under the provisions of the Transfer of Property Act as well as under the Premises Rent Control Ordinance; tha......ed with Shah Abu Nayeem and Maleka Parvin, Advocates— For the Respondents.
First Miscellaneous Appeal Nos. 26 and 65 of 1981.
Judgment
MH Rahman J.— As common questions of law are raised in these two matters, they have been heard one after another, and they are now dispos..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....the ambit of section 6 of the Admiralty Court Act. The court also repelled the contention of the plaintiff appellant that alternatively the suit was maintainable in the Admiralty Court under the provisions of the Administration of Justice Act, 1956 enacted by the British Parliament, the reason ......e of action or lack of jurisdiction, the objection as to exercise of jurisdiction by that Court requires solution. 10. Mr. Rafiqul Huq, Counsel for the respondents, mentioned a few provisions of law in support of the proposition that the Admiralty Court had the necessary power of rejection as w..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....d fraudulent. According to the petitioners the register of members now lying with the company conaias correct entries. In such a position the relief prayed for does not come within the purview of the provision for rectification……. (15-16)
Cases Referred To-
Bhagat Singh and a......spondent No. 2 by respondent No.1. The company wrote to respondent No. 2 giving all the facts relating to the transfer of shares and the present state of the company; and, on being asked, the learned lawyer of the company produced all relevant documents before respondent No. 2 but the petitioner did..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....mmission of the offence was considered to be legally admissible as evidence of conduct in the decision in the case of Rameshwar Vs. The State of Rajasthan, 1952 S.C.R. (India) 377 in view of the provisions of section 157 and Illustration (j) to section 8 of the Evidence Act which is as fol......ccused appellants took her to the house of absconding accused Samir Sarkar at Aviram... where from they took her to Bonarpara Railway Station and therefrom they took her to the house of the sister-in-law of Abul Hossain i.e. the house of Serajul Islam in village Behargili. She was kept con..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... Mohendra obtained a probate of the Will in 1926. Thereafter there was a partition amongst the beneficiaries in 1931. The beneficiaries under the Will made various transfers contrary to the provisions made in the Will. On the death of Mohendra the plaintiff, son of Nikunja prayed for a let......nst the trustee as owner of the trust property;" 21. Section 4 speaks about the purpose for which a trust may be created. Section runs as follows:- "A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of suc..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....rmining the status and character of a nationalized company or enterprise, which has been placed under one of the Corporations created under Article 10 of P.O. 27 of 1972 except to judge the statutory provision vis-a-vis the Memorandum and Articles of Association of the company and its working.&rdquo......l shall be a Court of record, and shall have in respect of the territories for the time being included in the Province of East Bengal, all such original appellate and other jurisdiction, as under the law in force immediately before the appointed day, is exercisable in respect of the said territories..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
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