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Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ...... we shall concentrate on the finding as to defect of party. In the partition suit five of the appellants, namely, plainintiffs Nos.1-5 were not impleaded. In a partition suit, the established principle of Law is that all co-sharers shall be impleaded and that failure to implead any co-share......ion confirming that of the lower Appellate Court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 216. ..Category: Property Law | Date: | Hits: 40
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ...... shall also be governed in accordance with the provisions of the said order, namely, President's Order No.50 of 1972, as, if the said order has not been repealed by the repealing Act. 7. The principle laid down in the aforesaid case is fully applicable to the present case. It is, the......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......ccupancy right and as such it is not attracted in the instant case. But the “Explanation” to this section is of fundamental importance in that it operates as an exception to the general principle of merger in sub-sections (1) and (2). It provides that if an occupancy raiyat acquires a......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......rt of the property actually charged and intended to be charged in fact exists is a fraud on the registration law, and no registration obtained by means thereof is valid. To hold otherwise would amount to saying that mortgages relating solely to land in other parts of the Presidency coul..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ......sit of the decretal dues or furnishing of a bond, along with the filing of the application, was not, complied with. After the expiry of 8 months of this objection the defendant deposited the decretal amount. But the Court rejected the deposit holding that the deposit could have been made at the time..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ......es not re-open evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not be......s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ..Category: Criminal Law | Date: | Hits: 64
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......e learned Counsel mentioned that there is a kind of review which enables the Supreme Court to overrule its earlier decision on a point of law while hearing another case involving the same point. What principles are followed in so reviewing its earlier decision is not, however, the subject-matter of ......on certificated bills. In case of refusal of plaintiff No.1 to subscribe his signature on the cheques in respect of such disbursements/ withdrawals, defendant No.1 will have the power to withdraw the amounts under certificated bills under his signature." The Court further ordered as follows: ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ......provides that the court may take the confession into consideration and thereby, no doubt, makes it evidence on which the court may act; but the section does not say that the confession is to amount to proof. Clearly there must be other evidence. The confession is only one element in the c..Category: Criminal Law | Date: | Hits: 63
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......ctor of the Plaintiff Bank and the statement by him before Court of Law about liability of the company towards the Plaintiff Bank and admission of such liability burdens the defendant to the agreed amount of money. In the manner aforesaid if defendant no. 2 committed fraud on the defendant Compa..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ......lification to participate in the aforesaid tender, respondent Nos. 2 and 3 were right in accepting the tender, the same being in violation of the terms of the tender. Further, since in view of the principle stated in 32 DLR 223 AD appellant had the legal right to challenge the acceptance of the ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... the Company and in pursuance of the said object Buxly Paints (Bangladesh) Ltd. entered into an agreement with Buxly Paints (Pakistan) Ltd. on October 20, 1971 for consideration to be paid in several installments, out which a part was paid. In accordance with the said agreement the appellant was p...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371....... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......erfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separation of the powers of Executive, Legislature and Judiciary, that the respon......e said Rule would interfere with the functions, powers, privilege and remuneration of the Parliament as well as of the members, that prayer made in the writ petition if allowed that would tantamount to destroy the principle of separation of the powers of Executive, Legislature and Judiciary..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......the assessee cannot properly be deducted." 18. According to the Tribunal case of Sarupchand vs. Commissioner of Income-tax, Bom (1936) IV ITR 420 did not support the principle justifying maintenance of one method of accounting for appellant's own purpose and submit......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ...... sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure&hellip..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......ow the defendants to take advantage of such an accidental slip of the plaintiff on a mere technical ground for that would be riding technicalities to death." 8. Keeping this principle in view there is no hesitation in saying that the order was bad and as the appellate cour...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......liance from "Colonial Sugar Mills Company Vs. Irving" (1905) AC 369 and “Delhi Cloth & General Mills Company vs. Income-tax Commissioner", AIR 1927 PC 242. The principle of law enunciated in the first mentioned case has been followed in the last mentioned one......sed the properties described in schedule 1 to the plaint for Tk. 4,500/- on September 20, 1959, and in pursuance of the auction sale took delivery of possession on February 2, 1960. As the decretal amount was not fully satisfied by the first sale, property described in Schedule 2 of the pla..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ...... favour of such a party. The discretionary power cannot be exercised to nullify the effect of the abatement of the appeal safer as the deceased appellant is concerned''. This principle is based on law and there is no question about its soundness inasmuch as exercise of suc......so 91½ decimals of land out of Schedule Ka; that the plaintiffs are not entitled to get the lands as claimed by them. 4. The trial Court decreed the suit giving the plaintiff a share amounting to 2.82 acres. On appeal by the plaintiff the said Schedule was reduced to 2.01 acre by t..Category: Property Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ...... Miah are closely related. On 12.10.2001 accused Chan Miah asked the Sohel (since deceased) to go to his father-in-law's house at Akhaura in the district of Brahmanbaria where he will be paid some amount due to him and also aluminium cutting machine, belonging to him. Ultimately Sohel (now decea..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......t they have been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judg..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......fficers and employees serving under respondent No.2 were absorbed in the service of newly established River Research Institute: The Respondent No.2, Water Development Board, decided to transfer all amounts deposited by the petitioner and other ex-employees of respondent No.2 to respondent No..Category: Employment/Service Law | Date: | Hits: 92
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