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Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....yer for declaration that the Nirupannama dated 14.3.37 was illegal, null and void and not binding on the plaintiff. Plaintiff is the son of Tripura. The land originally belonged to one Lakshmi Charan Bartia who died leaving behind a widow Kumari Barua and two daughters namely Tripura and Promilla. O......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. 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: 40 DLR (AD) (1988) 89 ......h authority for the proposition as to what amounts to waiver. See. A.I.R. 1939 (P.C.) 159 and the distinction between the waiver and the acquiescence can be appreciated from the decision of the Privy Council in 26 I.A.56. 28. This Court in 33 DLR (A.D) 55 also took the view that waiver is a quest..Category: Tenancy Law | Date: | Hits: 109
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....epped into the shoes of the original owner e.g. Hemnalini has power to transfer this property by way of executing kabala. ………………….(40, 42 & 44) Cases Referred to- Benoy Bhusan Bardhan Vs. The Sub-Divisional Officer, Brahmanbaria & another 30 DLR SC 139, RJ. Reuter Co. Ltd...... And the Custodian after the termination of the war is bound to deal with it in such manner as his Majesty (keeping no doubt, in view the arrangements made at the conclusion of peace) may by Order in Council direct...The phraseology used in the preamble and in section 5 establishes in my judgment th..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....was held to be a bar to remedy by a proceeding in the nature of quo-warranto. In that case the petitioner was found to be a person set up by some defeated candidates in an election to the Provincial. Bar Council and was all along aware of the matter. In those circumstances, it was observed by the co......held to be a bar to remedy by a proceeding in the nature of quo-warranto. In that case the petitioner was found to be a person set up by some defeated candidates in an election to the Provincial. Bar Council and was all along aware of the matter. In those circumstances, it was observed by the court ..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....nking and its process. There is always the danger in a case like the present that conjecture or suspicion may take the place of legal proof. I will contend myself to recall the warning addressed by Baron Alderson to the jury in Reg V. Hodges (1838) where he said: "the mind was apt to take a ......tion is whether the deed of gift is genuine or not the simple answer it, it being a registered 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..Category: Procedural Law | Date: | Hits: 115
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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: ......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 ..Category: Procedural Law | Date: | Hits: 124
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. ...... 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'..Category: Business or Commercial Law | Date: | Hits: 76
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. ...... 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. ..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. ......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 ..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. ......se employees 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 Kumar vs. Radhashyam. AIR 1931 (PC) 229 and another decision of the Fe..Category: Employment/Service Law | Date: | Hits: 97
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....eld by the Supreme Court in view of the facts and circumstances of that case which are briefly stated here for better appreciation of the point involved; From a first class railway compartment of the Barawni Express a dead body of a person with multiple stab-injuries was recovered when the train r...... 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..Category: Criminal Law | Date: | Hits: 124
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....োনো স্বীয় ও এই কার্যালয়ে নাই." 17. Mr. Ahmed argued that it was rivalry between the two sets of officers of two Upazilla. The lessee was granted of Baralekha Upazilla while the Kulaura Upazilla started claiming that part of the fishery falling with......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..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. ......evidence that oral 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 ..Category: Others | Date: | Hits: 104
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....s. P. Ltd. vs. C.I.T. 80 ITR. (SC) 167 A.I.R. 1932 138 (P.C.) 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 ......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 ..Category: Fiscal/Taxation Law | Date: | Hits: 84
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. ...... 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..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....esses but adduced no documentary evidence except the admitted kabuliyat dated 2 June 1920 (Ext 1).Defendants examined 4 witnesses and produced a number of documents including seven registered Barga-kabuliyat, 18 Rent receipts and some khatians besides the undisputed Mortgage Deeds and ......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..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....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. ......lature 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..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ...... 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..Category: Criminal Law | Date: | Hits: 56
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ingle Judge relied on P.L.D. 1960 Karachi 908. In that case certain tracts of land became available for disposal in terms of section 37 of the Sind Land Revenue Code, after the construction of Lloyds Barrage. Respondent's offer to purchase a piece of land was accepted and a document embodying the ......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..Category: Property Law | Date: | Hits: 202
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