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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 ...... of grudge. The trial court observed: "P.W.1 the plaintiff No. 1 has clearly stared in cross-examination that the defend­ants alleged first schedule land of W. S. does not appertain to the disputed lands." Accordingly it excluded the first schedule land by observing: "Thus ..

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......ic possession of the plain­tiff since he purchased it. Next, no notice under sections 5 and 6 of Act No. XI of 1859 was Issued or served upon the recor­ded owners of jute No. 5 Rajab Ali. After the dispute arose it was revealed that notice under section 5 of the aforesaid Act was show to have been..

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 ......f a particular school of law, such as Hanafi, one of the four major schools of law governing Sunnis in Bangladesh. Needless to mention that so far as personal laws of Muslims are concerned when legal dispute arises between Muslims, rules enuncia­ted in the Hanafi School of law are applied. 18. O..

Category: Family Law | Date: | Hits: 152

Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)

....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......ll be estopped from questioning the landlord's title unless he restores possession to the landlord who had put him into poss­ession. 7. Mr. T.H. Khan, learned Advocate for the respondent does not dispute this proposi­tion of law particularly when the question has finally been decided by the Pri..

Category: Property Law | Date: | Hits: 37

Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)

....-operative Bank, 1966 PLD (SC), 445, the Pakistan Supreme Court considered a similar question. The appellant in that case was an Accountant of the Multan Co-operative Bank. The Bank authorities, by a resolution, adopted the Punjab Civil Service Rules for the purpose of dealing with the establishment......y "shall be audited" by the Registrar who also got power of inspection of all other paper and documents of the society. He may also hold inquiry into the affairs of a society at any time. Besides any dispute touching the business or affairs of a society shall be referred to the Registrar before it i..

Category: Employment/Service Law | Date: | Hits: 124

Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)

.... conviction is set aside and they 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) 75. ...... no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prove its case is on ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, how­ever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ...... of Directors of the respondent Company hav­ing signed the petition and having sworn an affidavit annexed to the petition neither his authority nor its authenticity can be ques­tioned. Further, all disputes relating to and arising from any loan transaction entered between the appellant and respond..

Category: Banking Law | Date: | Hits: 121

Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)

.... result, both the appeals are dis­missed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60....... set out at the very begin­ning, the first question is whether the provi­sion of sub-section (1)(c) of section 195 of the Code has been dispensed with by the Criminal Law Amendment Act. There is no dispute that if an offence falls within the meaning of sub-section (1) (c) of section 195 Criminal P..

Category: Criminal Law | Date: | Hits: 69

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. ......en some delay in filing the declaration regarding the Press for the second time by the appellants. 13. From the arguments advanced by the learned Attorney-General, it would appear that there is no dispute regarding the com­mission of an offence by the appellants. It appears that appellants bad r..

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. ...... respondent No. 1 show that termination of the licence has not been in accordance with the terms of the agreement. Thus the revocation of the licence has been wrongful and illegal. 23. There is no dispute that Haji Mohammad Ali, Managing Partner of the appellant firm, went on pilgrimage to Mecca ..

Category: Business or Commercial Law | Date: | Hits: 118

Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)

....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......Code, 1860 (XLV of 1860) Section 379 The case being under Section 379 of the Penal Code is compoundable by the owner of the property stolen under section 345(5), Cr.P.C. and as compounding of such disputes is encouraged, the Court disposes the Appeal on compromise and acquits the accused……..(..

Category: Criminal Law | Date: | Hits: 53

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

....de of Civil Procedure, which means a right of appeal is limited as it is in second appeal, to a point of law. But such application cannot be allowed where there are serious disputes as to whether the resolution of the Company is void and ultra vires and whether there can be a valid transfer of those......ed by section 100 of the Code of Civil Procedure, which means a right of appeal is limited as it is in second appeal, to a point of law. But such application cannot be allowed where there are serious disputes as to whether the resolution of the Company is void and ultra vires and whether there can b..

Category: Company Law | Date: | Hits: 195

Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)

....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......person aggrieved 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: Provided t..

Category: Election Law | Date: | Hits: 152

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. ......special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and struc­ture standing thereon and for recovery of pos­session..

Category: Property Law | Date: | Hits: 37

Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)

....question of fact and since this has been decided by the Courts below, we find no subs­tance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... 18-9-69. The courts below, on examination of the original Annexure 'B' filed in Court, found that the signature appearing on the back of the said stamp papers bears sig­nature of K. Rahman. No dispute was raised as to whether 'K’ stands for 'Khalil'. There is no assertion by the appell..

Category: Business or Commercial Law | Date: | Hits: 113

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....ement Act which deals with an improvement scheme as defined in clause (f) of section 2 of that Act. According to clause (e)(i) of section 38 of the Town Improvement Act the Board of D.I.T. may pass a resolution to provide for, among others, "housing accommodation" and may then proceed to frame an im......as prepared by the Board under Section 38, or that it was submitted to the Government under Section 49 or that the Go­vernment sanctioned it under Section 50 of the Town Improvement Act. There is no dispute that the plots in question were requisitioned in accordance with the provisions of the Requi..

Category: Property Law | Date: | Hits: 48

Bangladesh Enemy Property Manage­ment Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)

....ttempt to get re­lease of the same did rot succeed. Subse­quently Mr. M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid ......property, which could be treated as an enemy property, was available notwith­standing the cessation of the effect of the De­fence of Pakistan Ordinance. Mr. Khandakar Mahbubuddin Ahmed also did not dispute that such power was available under Ordinance No, 1 of 1969 but he contended that only such ..

Category: Property Law | Date: | Hits: 125

Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)

....              A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......er which he attached certain land under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case has a chequered history which is as follows:- 2. The land in dispute was subject matter of a proceeding under section 145 of the Code of Criminal Procedure. Mr...

Category: Criminal Law | Date: | Hits: 49

Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)

....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......and in the circumstances the learned Magistrate clearly committed a gross error in recording a positive finding on a mixed question of fact and law, which was outside his jurisdiction. There is no dispute with regard to the principles laid down in the aforesaid cases. Both the cases were founded..

Category: Criminal Law | Date: | Hits: 60

Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)

....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ......oll. With a view to emphasis the requirement of poll reference was made also to Article 10(2) of Order No. 22 which provides that Chairman shall be elected by the voters of entire Union. There is no dispute that Chairman is to be elected by the voters of the entire Union provided the election is a ..

Category: Election Law | Date: | Hits: 133