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Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ...... individual. In that case respondent Farukhi was given an assurance in respect of the service matter but that assurance was not honoured by the Minister. It was, however, accepted by the President of Pakistan on 1.10.59 and the order was endorsed to the Secretary, Railways and Communications. In the......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....n 17 of the "Act" 3. Plaintiff filed T.S. No. 115 of 1978 in the 2nd Court of Munsif, Feni, challenging the order dismissing him from service under the Act. In his plaint he claimed that he was a member of the Management of the Mills designated as "Store-in-Charge," and contended that he was not......rther contended that the suit is not maintainable as the respondent got no "legal character" which can be declared under Section 42. In support of this contention he has referred to a decision of the Pakistan Supreme Court in the case of M/s. Eastern Mercantile Bank Ltd. v. Mohammad Shamsuddin, 21 D...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....of Paresh Chandra Bardhan was acquired on the basis of valid document and a portion of the property standing in the name of Chittotosh Bardhan were debuttor property and the appellant being the elder member of the family managed the said property for the Sheba Puja etc. and the remaining property we......rved till conclusion of peace. Since the Government did not cancel the contract by declaring it against the public interest the contract is alive and the machinery has been provided by the Defence of Pakistan Ordinance namely, the preservation of jurisdiction of Civil Court (section 16). The Civil C......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....pecuniary interest in the affairs of the Kathalia Upazilla Parishad when his bill for payment was pending after his election as chairman of the Upazilla Parishad. The respondent is also an Ex-Officio member of the said Upazilla Parishad. So there cannot be any doubt that he had locus standi to lodge...... Dr. Kamal Hossain v. Mohammad Sirajul Islam, 21 DLR (SC) 23, Darley v. The Queen, 12 Cl & F. 537, King v. Spyer and The King v. Cassel, 1 KB (1916) Vol.1, p. 595, Farzand Ali v. Province of West Pakistan, PLD 1970 SC 98, Laliteshwer Prasad vs. Bateshwar Prashad, AIR 1966 SC 580. Lawyers Invo....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ...... Mia vs. Bangladesh and others 32 DLR (AD) 29. 37. In that case the dispute turned on the question whether the vendors of deceased appellant migrated from the then East PakisÂtan before the Indo Pakistan war in 1965. The disputed property was mortgaged to a Bank by the predecessors of the vendo......H Rahman J. Order of the Court By a majority decision the appeal is dismisÂsed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....tiff also purchased the defendants' huts on the suit land and was residing there. He also made new huts there. As there was some legal difficulty in executing the kabala, the vendors being the members of the Minority Community, it was decided that they would execute the necessary docume......necessary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land when the Pakistani Army started operation in March, 1971 and returned home after liberation of the country o......sary document when that difficulty would be over. After putting the plaintiff in possession of the case land the defendants went to West Bengal. The plaintiff left the suit land when the Pakistani Army started operation in March, 1971 and returned home after liberation of the country on 16th Dec..Category: Property Law | Date: | Hits: 50
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: ......ad valorem court-fees payable on institution of suits. For the purpose of this appeal Schedules of 1960, 1969 and 1981 will be refer red to in this judgment. Schedule I of 1969 was brought in by East Pakistan Ordinance No. I of 1969 and the Schedule 1 of 1981 was brought in by (Bangladesh) Finance A......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: ..Category: Procedural Law | Date: | Hits: 124
....
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.
......usly filed an objection under
section 47 of the Code of Civil Procedure, namely, Miscellaneous Case No. 36 of
1967, which was dismissed for default, that respondent No 6 has all along been
in Pakistan, that the mortgaged property was not declared enemy property nor
did it vest in the custod......
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)
....ases). Allegation against the accused persons was that on the day of occurrence Khijir was charged with theft of four jack fruits, tied with a rope and was dragged from his house to the local member Azizur Mondal and from there to the abandoned Bhiti of Narayan Muchi. This allegation has be......s of justice. Hamoodur Rahman J. - while considering such a case of acquittal (16 D.L.R (SC) 94) reiterated the principles which have been consistently followed by the Supreme Court of Pakistan for justifying interference with orders of acquittal passed by the High Court. His Lord&sh......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
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....town testified that there was a salish which was due to be held in his shop on 2.5.76 at 4 p.m. The deceased was also to attend the Salish. But as he did not come at appointed time other salish members went away. Deceased came to the shop with accused Lalu and Kabir at 7 or 7.30 p.m. Thereafte......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. ......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
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. ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 31
Sharping Matshajibi Samabaya SaÂmity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......Act 1930 repÂealed Fishery Act 1897 and by section 3 the Government was empowered to make rules for protection of fish and the breach of any such rule is to be visited by penalties. In 1959 the East Pakistan Government Fisheries (Protection) Ordinance 1950 was promulgated and by section 3 the Gover......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdicÂtion is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ......espondent assessee on account of termination of the agency was a capital receipt or a revenue receipt. 3. The assessee claimed that the amount of Tk. 1, 50,000/- was compensation paid by the Pakistan River Service Ltd., for premature termination of secretaryship agreement which was execute...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
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. ......ial Development Bank of Pakistan for payment of certain instalments to be paid to the foreign ship-builder was "loan" was raised. Section 39(1) of the Industrial Development Bank of Pakistan Ordinance 1961 provided that 'where an industrial concern fail to repay such loan by ......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. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....this view of Sulaiman, CJ. In a subsequent case Sri Krishna Chandra V. Mahabir Prashad ILR 55. All. 791 another Full Bench of the same High Court consisting, among others, of three Judges who were members of the Full Bench in Babu Lal's case, held that a suit for mere declaration that an instrum......roceedings if the court considers such amendment to be necessary in the interest of justice. The learned Single Judge is found to have rightly relied upon the decisions of the Supreme Court of Pakistan in the case of Keramat Ali V Md. Yunus 15 DLR SC 120 and the Indian Supreme Court in the ......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
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......e Municipality. He took lease of the suit land for residential purpose for a period of 9 years from 1921. Lease was renewed from time to time and Sailendra Nath Basu paid rent upto 1956. Then he left Pakistan leaving the land in suit in the custody of his constituted attorney Mr. Ashutosh Datta Roy,......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
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 disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR (AD) 161; Khondker Ehteshamuddin @ Iqbal 33 DLR (AD) 154; Federation of Pakistan Vs. Saeed Ahmed PLD 1974 (S.C) 151 (168); Secretary of States vs. Mask & Co. 44 CWN 70â......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. 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
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....or why they should feel aggrieved by reason of the land dispute between them and Khursheda who employed Idris as her borgader to cultivate the borga land, or why one of the assailants (Kamini) who is member of the minority community should come along with the other appellants having some dispute ove......In these circumsÂtances, the defence case of false implication appears to be quite probable. We, therefore, respectfully agree, as a correct exposition of law, with the following observations of the Pakistan Federal Court in the case of Safdar Ali Vs. Crown, 5 DLR (FC) 107 and feel no hesitation to......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. ..Category: Criminal Law | Date: | Hits: 56
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....l Meeting reliance was first placed in sections 76(3) and 79 (3) of the Companies Act. These sections are: "76 (3). If default is made as aforesaid, the Court may, on the application of any member of the company, call or direct the calling of a general meeting of the company." "79 (...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ...... of the learned Company Judge are modified acÂcordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..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 ......he case, so far necessary for disposal of this appeal, are given below: The appellant's father Aminuddin took lease of a piece of land in Dhaka Cantonment Area for 99 years from the then President of Pakistan in 1966 and constructed a house thereon which was numbered as Premises No. 40. Mohakhali (N...... 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
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