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....respondent No. 4 till disposal of the suit.
3. Case of the appellant-plaintiff as set out in his plaint is that respondent No.1, General Manager of the Shipping Corporation (respondent No.3), by a public advertisement issued in newspapers invited sealed quotations from interested parties for sale...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
.... M.H.Rahman J A.T.M. Afzal J Amirul Islam......................................Appellants Vs. The Secretary, Ministry of Land Administration & Land Reforms, Government of the People's Republic of Bangladesh & ors………………….Respondents. Judgment August 25th 1987. Th......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
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....e property and nothing was left for making the settlement that such property was to be preserved 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......ment. In Ordinance No. 93 of 1976 power was given to the Government to dispose of the property and nothing was left for making the settlement that such property was to be preserved till conclusion of peace. Since the Government did not cancel the contract by declaring it against the public interest ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....2, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding the office...... an application was filed jointly by the appellant and respondent No.1 to the effect that they have settled their disputes amicably on the advice of their common well-wishers and that for the sake of peaceful relationship they pray for allowing the appeal on compromise by setting aside the impugned ..Category: Election Law | Date: | Hits: 132
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....nder Article 30 of the then Constitution of Pakistan. Section 3 of the Defence of Pakistan Ordinance conferred powers upon the Government to make rules for ensuring the security, the public safety and for the defence of the country. In pursuance of this Ordinance the Defence of Pak...... 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
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... accused, recording of a confession by a Magistrate, and identification of the accused before a test identification parade by a witness not previously known to the accused—are based on grounds of public policy and on sound principles of jurisprudence which need not be jettisoned for lightening......suspicious nature. When this kind of prosecution case involving a heinous crime fails for the investigator's lack of care, intelligence and basic functional knowledge of criminal law men, looking for peace, law and order in the society, may get impatient and frustrated with the supposedly annoying c..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....hs temporary injunction to restrains the respondents from using the Trade name, "Ciproco Computers" which is so similar to the company's name “Ciproco Computers Ltd.” that the public, particularly the customers, are being deceived and misled causing great damage to the comp......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....e. 20. The learned Attorney General, how, ever, raised the point whether in the nature of these contracts a contracting party can retort to the extraordinary jurisdiction and the question being of public importance should merit consideration of this Court. We allowed both the parties to argue ......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. ..Category: Property Law | Date: | Hits: 87
Siraj Miah & another Vs. State & another, 1987, 16 CLC (AD)
....nd allow the appeal. The appellants are acquitted of the charge leveled against them. Let them be set at liberty forthwith, if not wanted in connection with any other case. Ed. ......used in G.K. Case No. 221 of 1980 under section 436 of the Penal Code and that the accused Mosharaf brought a case against him in 1975 and he gave an undertaking that he would not disturb the peace. In this case the two eye-witnesses, PWs. 1 and 2 were inimically disposed towards the..Category: Criminal Law | Date: | Hits: 57
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....defendant paid rent to the plaintiff as landlord. Therefore the defendant is estopped denying the title of the plaintiff. Section 116 Evidence Act. Section 2A provides that the Government may, in public interest, exempt by general or special order the interests of any local authority i......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. 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)
....terest in the property. Extension of the Madrasah is part of an approved plan for vocational training and the land under acquisition is necessary for implementation of the plan which is undoubtedly a public purpose…………………….(29) Cases Referred to- Ali Jan Vs. Bangladesh 37 DLR ......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. ..Category: Property Law | Date: | Hits: 48
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
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. ......estion of recounting of the ballot-papers only, all other allegations brought by the appellant having fallen through. It was found by the Tribunal, and we find correctly, that the election was held peacefully in a very congenial atmosphere and that the counting of votes by the Presiding Officer ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
.... do so vide Rule 39 (4) (5). However, after counting by the Presiding Officer which he was authorized to do, he gave out that the appellant got the highest vote this became widely known by the voting public. Two days later the recounting was done and the Returning Officer declared the respondent t...... Alambiditor Union Parishad No. XI of Kishoreganj Upazilla in the District of Nilphamari. 2. The appellant and respondents 2 and 3 contested the election, which was he on 10.1.84. The election was peaceful. On the basis of counting of ballots the appellant was declared elected by the Presiding Of..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
.... The order which was passed in exercise of authority conferred by sections 22 and 23 of the Printing Presses and Publication (Declaration and Registration) Act, 1973 alleged that the printing and publication of the weekly ‘Ispat’ was unauthorized in as much as authentication of the declarati......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ed by an order of any Bench of this Division may seek his relief before the Appellate Division which is open to him. The manner in which the question has been mooted before us as one of general public importance; it is all the more necessary that the forum of the Appellate Division should be ......of the police station. On 17.11.84 the learned Magistrate recorded the following under: "Record is put up today. Seen the report of O/C. I am satisfied that there is apprehension of breach of peace. D/O u/s 145 Cr.P.C. restraining both the parties from entering into the D/L. Land is attache..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....er locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at Salimabad mouza and also the old established hat at Tebaria mouza and talked to the members of public of both the parties. It appears to me that the new bazar established at Salimabad mouza is at......ely-hampers the old one and the question of extension of old hat could have been solved amicably by both parties taking surrounding lands of the old hat At the moment though apprehension of breach of peace is not there but it may crop up in future. This is for his kind perusal and necessary actio..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....t if permitted it would defeat the provisions of any law; or is fraudulent or Involves or implies injury to the persons or property of another, or the Court regards it as immoral, or opposed to public policy." The High Court Division took exception to the agreement by holding that sinc......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ..Category: Tenancy Law | Date: | Hits: 65
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....s to how cases are filed, how depositions are taken, under what sections depositions are recorded, etc. These utterances were made in the presence of Advocates, Court Sub-Inspector and the litigant public who were inside the Court room, 3. On 26th December 1983 appellant summoned respondent N......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....on is to be preferred. Differences of opinion among the several Benches of the High Court Division, as it would appear from the judgments in these appeals, have led to confusion among the litigant public which required uniform interpretation of law on this point. 2. Before the amendment of t...... 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. ..Category: Election Law | Date: | Hits: 154
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