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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. ......ong with jackfruits towards the west to the house of Azizor Member. P.W. 1 along with the wife and son of Khijir (P.Ws. 2 and 5) and others followed them. Azizor Member refused to intervene in the dispute whereupon the accused took away Khijir towards the abandoned house of Narayan Muchi and ass..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. ......other things, lay down the terms and conditions of service including seniority of the Corporation's employees. The Ordinance did not itself lay down the terms and conditions of service. There is no dispute that if the respondents are 'new entrants', as referred to in rule 18(a) of the Regulation..Category: Employment/Service Law | Date: | Hits: 97
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ...... Khaleque Bains vs. Government of Bangladesh, in Civil Appeal No. 21 of 1986 wherein it was held that in a suit for declaration of title filed against the Government which have taken over the disputed property as abandoned property, defendant-respondent No.3 to whom the Government was tryin..Category: Property Law | Date: | Hits: 31
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......p; M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a dispute arose between the parties and the matter was referred to arbitration. An award was passed ..Category: Civil Law | Date: | Hits: 84
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. ......gations. It was a case of revising the rate of royalty payable by the lessee that was challenged by the lessee. The Court took the view that when facts are to be investigated and if those facts are disputed the relief under article 226 is not appropriate. In the Divisional Forest Officer Vs. Bi..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. ......cers of the Corporation, have deposed that after execution of the sale-deed possession of the land was delivered by appellant No. 2 to the Company which then erected boundary pillars. There is no dispute that appellant No. 2, a Director of the Company, had his residential building to the adj..Category: Others | Date: | Hits: 104
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ...... High Court Division erred in affirming the finding of the appellate court as to the parentage of the plaintiff ignoring totally the oral evidence adduced by the parties. 6. There is no dispute that in a suit for partition which the plaintiff claims share as a successor-in-interest o..Category: Property Law | Date: | Hits: 37
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......December 1981 using new steel plates and fitted with new Kalvin marine diesel engines neither such completion nor delivery was made. As a result of the violations of the contract by appellant No. 1 dispute arose between it and the Sangstha. Respondent No.1 served a notice under Article 32 of the..Category: Business or Commercial Law | Date: | Hits: 100
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. ......liyat 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 Sale Deeds in favour of Alfazuddin. On consideration of these mate..Category: Property Law | Date: | Hits: 50
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. ......o the background against which the incident took place, may; however, be made so as to fully understand the significance of some past events leading to the occurrence. It appears that there was a dispute over a piece of land just about 30 cubits to the east of the hut of Idris. Parties to the qu..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....cipate in the meeting. According to respondents no meeting could, therefore, beheld that day. On the next day, that is, 3rd September 1984, the Board meeting called by respondents was held in which resolutions were passed curbing the powers of the Managing Director and appointing M/S. S.F. Ahmed &...... the essence of the controversy appears to be whether the Annual General Meeting of the Company ordered by the Company Judge imposing certain conditions as mentioned above is permissible. There is no dispute that powers conferred under sections 79 (3) read with section 76 (3) of the Companies Act to..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... 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 ......ment Act, such as Rule 10 in Appendix-C of the Military Land Manual and sections 2(XXa) 280 and 281 of the Cantonment Act. 5. Mr. Abdul Wadud Bhuiyan, learned Additional Attorney General, does not dispute the Notification of the Government dated 14 December 1955, but he has made two submissions..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....cation for making such a claim or resisting this consequences arising from the agreement……(12) Doctrine of estoppel applies to respondent nos. 1 (c) and 1 (e), who having endorsed in the resolution of selling the property, did not come forward to file written statement for contesting th......ich regulate such devolution. The question raised in this appeal does not, however, relate to such devolution, either directly or indirectly. Principles stated either in Mulla's Hindu Law is not in dispute. 18. The point for determination in the present case is whether the failure to implead a..Category: Criminal Law | Date: | Hits: 88
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....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. ......rty. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becomes indispensably necessary to determine the dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Off..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 ......nt January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to be decided on its own merit. The order that election o..Category: Election Law | Date: | Hits: 126
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of materials if the Magistrate had come to the conclusion of breach of peace or likelihood of breach of peace. The reason is sound because sections 145 and 146 together constitute a scheme for the resolution of a situation where there is likelihood of breach of peace over immovable property. ......possession in the disputed property. The learned Sessions Judge considered that the first party failed to produce their basic document by which they have claimed their title and possession in the disputed property. On the other hand, the documents filed by the opposite parties show that they hav..Category: Criminal Law | Date: | Hits: 42
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. ......d. Title Suit No. 197 of 1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....reciated that his get was-within the mischief of contempt; (ii) Whether he regretted it; (iii) Whether his regret was sincere; (iv) Whether it was accompanied-with expression of the resolution never to repeat again; and (v) Whether he made humble submission to the authorit......uld not be punished, for repeating the offence of contempt of Court, the Rule being numbered as Criminal Miscellaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any conte..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. ......grieved by a decision of the Election Tribunal may, within thirty days of the announcement of the decision, prefer an appeal to the District Judge within whose jurisdiction the election in dispute was held, and the decision of the District Judge on such appeal shall be final: Provid..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... 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. ...... Wakif was the first Mutwalli. After his death Amir Ali Mia, the brother's son of the Wakif became the Mutwalli in 1933 and continued as such till his death on 5.4.1967. After the death of Amir Ali a dispute arose with regard to the Mutwalliship of the Wakf Estate. The plaintiff claimed that he is ..Category: Family Law | Date: | Hits: 239
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