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Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
.... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ......aintiff that the suit land was acquired by the Government under the provisions of the Emergency Requisition of Property Act, 1948 in favour of the plaintiff to whom delivery of possession was made in terms of a bilateral agreement between the Government and plaintiff. Government received the full am...... K. M. A. Munim CJ Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Bangladesh……………………………………………Appellant Vs. M/s. Zeenath Textile Mills Limited and others..............Respondents Judgment June 25, 1986. The State Acquisition and Tena..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......ay either confirm or modify or set aside the order." Section 132 enables the Prescribed Authority to give direction to the Paurashava to take a particular action. Section 133 is in the following terms: "Inquiry into the affairs of Paurashavas.- (1) The Government may, either suo motu or ......on (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M Afzal J Bangladesh, through the Secretary, Ministry of Local Government, Rural Development and Co-operatives, Govt. of Bangladesh............................Appellant. Vs. Md. Afzal &am..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......rt of the dwelling house because on evidence it was found that plot No. 1596 was a part of the dwelling house. As to the meaning of dwelling house for the purpose of section 4 it was noticed: "The terms 'house' or 'dwelling house' are ambiguous terms and for the purpose of S.4 of the Partition Ac......e the purpose of the law is to keep away the transferee purchaser from entering into the dwelling house of undivided Hindu family……………………(8 & 11) Cases Referred to- Subal Chandra Modak V. Gostha Behari Das, 60 CWN 829; Boto Krishna Gose v. Akshoy Kumar ghose (54 C.W.N 660)..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......viction and sentence, as already noticed, proved unsuccessful whereupon the appellants moved this Division and obtained leave to appeal. 6. Although the leave was granted in rather liberal terms to examine the legality and propriety of the entire order of conviction, Mr. Serajul Huq, lear................Appellant vs. The State............................................Respondents Judgment June 24, 1987. The Penal Code (XLV of 1860) Sections 302/34, Section 34 Sections 34 and 109 In the absence of proper and clear evidence given by P.Ws. 9 and 11, it is difficult to i..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......h. 534 certain fishermen claimed a right to spread their nets and to dry them on the beach of a private owner at all times reasonable for fishing. In an action for a declaration of their right in terms of the custom and for in-junction it was urged by the defendant that the customs was unreaso......an & ors.....................................................Respondents Judgment: July 7, 1987. Custom There is no dispute that reasonableness is. an essential clement of a valid custom and the period for ascertaining the reasonableness of a valid custom is the time of its possible inc..Category: Civil Law | Date: | Hits: 113
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......ties to the effect that the respondent would collect rents for several months at a time according to his convenience the defendant-appellants must be held to be defaulters within the meaning of the terms used in sub-section (5) of section 18 of the Ordinance. 9. According to him, the deposit of......is Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
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 ...... make the compliance with the enactment beyond the control of the tenant. However, it will depend on the facts of a particular case to see whether there has been default in the payment of rent in terms of the statute but once the fact is established in terms of the Ordinance, legal consequence......dgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amou..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......he period of limitation of twelve years. This leave was granted considering Ground No. 1 in the petition for special leave to appeal. 7. The learned Counsel for the appellant having found that the terms in which leave was granted would be of no avail to the appellant submitted at the very outset ......fzal J Afroz Rashid Chowdhury alias Afrozur Rashid Chowdhury…...............Appellant Vs. Fazlul Karim Tarafder, being dead his heirs: 1(a) Jahanara Begum, wife. 1(b) Rupa (Minor) Daughter and others........................................Respondents Judgment February 17, 1988. R..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149....... the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the earnest money as per terms of the agreement for sale. Dr. Kamal Hossain argued that it was not the question of competitio......n Act, 1908 (XVI of 1908) Section 47 The Transfer of Property Act, 1882 (IV of 1882) Section 53A Though the plaintiff's document is earlier in point of time as because it was registered in 1974 and the defendant's document was registered later in 1975, but the defendant's document relates back..Category: Property Law | Date: | Hits: 118
.... 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.
......ssel of the Shipping Corporation named M.V. Banglar Doot, as the highest bidder” and further that the defendant Corporation and its officers "are bound to implement the sale of the vesel to him" in terms of their Tender Notice. Appellant filed an application under Order XXXIX, rules 1 and 2, read ......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inchoate right..
Category: Business or Commercial Law | Date: | Hits: 95
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 ......eated in favour of any individual, such order cannot be withdrawn or rescinded to the detriment of those rights. In that case Article 178 of the constitution contained a protective provision that the terms and condition of the service "shall not be varied to his disadvantage”. In that case the e...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J 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………..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)
.... 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 ......employed in any shop , commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person- (i) who is ......t Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Senior Manager, M/s. Dosta Textile Mills Ltd., Ranirhat, Feni and others. .......Appellants Vs. Sudhansu Bikash Nath ...............................Respond..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....was not believed by the trial court the High Court Division should have immediately looked upon the prosecution case with great suspicion. 14. There were other facts also which did not require any extraordinary perception which made the prosecution case utterly naive. For example, it is the prose......witness whose own escape raises grave doubt about the whole occurrence) when the defence contended that the whole story was false and admittedly the accused and the complainant party were on inimical terms and there were criminal cases pending between them. Unfortunately there has not been any effor......d. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ...... 5. The present appellants who are the heirs of the plaintiff Abdul Aziz Bepari moved this Court against the judgment of the High Court Division and obtained special leave to appeal in the following terms: "Mr. Kamrul Islam, the learned Advocate appearing on behalf of the petitioner submits...... Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....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. ......being carried on by any person or Board authorised under the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance shall vest in the Government. Explanation. (i) The terms "Enemy Property" and "Enemy firms" used in this section shall be deemed to have the same meani......d 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)
....holding the office and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upaz......omination paper was submitted on 23.4.85. In that letter, Annexure-D, the appellant gave an explanation for using Pazar Haat instead of Batari Haat-which was to be used for this work according to the terms of the contract. In this letter the appellant requested the Engineer for taking steps so that ......ion (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Md. Mostafa Hossain ............................Appellant Vs. Sikder Md. Faruque and another........... Respondents Judgment June 29, 1987. Result: The appeal is dismiss..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......parties to the effect that the respondent would collect rents for several months at a time according to his convenience the defendant-appellants must be held to be defaulter within the meaning of the terms used in sub-section 5 of section 18 of the Ordinance." 9. Mr. H. Khondkar learned Counsel a......Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this c..Category: Property Law | Date: | Hits: 52
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: ......We were referred to (1941) 2 KB 89 for the proposition that an amendment does not amount to a repeal. But we think (here is a clear distinction between an amendment which goes so far as to provide in terms for the substitution of one rule for another. In the latter case we think that it is mere jugg......1963 SC 1561; State of Punjab vs. Sukdev Sarup Gupta, AIR 1970 SC 1641; Emperor v. Rayangouda Lingangouda Patil (AIR (31) 1944 Bombay 259); Messrs. Kohinoor Mercantile Corporation vs. Hazera Khatun and another (14 DLR 47); 14 DLR 47= PLD 1963 Dhaka 238; AIR 1955 All, 353; (1941) 2 K.B. 89. Law..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. ......nds of all creditors of the company, divert its customers away and to paralyse its business. This Court made a similar observation in Ellal Textile Mills Ltd., 38 DLR (AD) 26 in the following terms: "The winding-up matter is a serious affair which is evident from the perus...... Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T. M. Afzal J. Amin Scales Limited and another……………………..Appellants (In both th..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. ......hall be construed as preventing the Central Government from amending, varying, rescinding or superseding such order at any tine by a like order so as to impose conditions on, vary the terms of, or otherwise regulate such vesting or to vest such property in another Custodian; b......hman J A.T.M. Afzal J Priyatosh Talukdar…………………………..Appellant Vs Assistant Custodian, Vested and Non-Resident Property, Chittagong and others .............................Respondents ..Category: Property Law | Date: | Hits: 70
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