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M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......itation Act. In support of this contention reliance is placed on Md. Chand Miah Sowdagar Vs SMH Rahman 1985 BLD 337 and Kalu Vs. Sowaria 27 1C 703. The first case has no relevance. The Court's power to admit an appeal under section 5 of the Limitation Act after the expiry of a period, p...... Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Foo......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....distinction unfortunately had not been noticed by the learned Judges of the High Court Division. 44. This Court in the case of Lutfu Mia. Vs Bangladesh 1981 BLD (AD) 105 considered the question of discretionary power of an authority when it cancelled the lease of the fishery. It was observed: ......har and others, AIR 1977 (SC) 1496 the Court considered whether the breach of contractual obligations can be remedied by writ jurisdiction. In that case the contract was not rooted in any statutory power or obligations. It was a case of revising the rate of royalty payable by the lessee that was......d.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarw...... directed against the judgment and order of the High Court Division in Writ Petition No. 179 of 1985. 2. Facts in a nutshell are as follows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced ra..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......TM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referred to- Balkrishan Das v. Legge, 27 LA. 58; Abdul Nabi Vs. Bajan Sahib and another, AIR 1944 (Mad) 2......es including the Vendor is not admissible so far as it aims at contradicting or varying the terms of the document. Section 91 of the Evidence Act provides that when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, no evid..Category: Others | Date: | Hits: 104
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. ...... 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. ......peal by special leave is directed against tae judgment and order passed by the Division Bench of the High Court Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account of term......-This appeal by special leave is directed against tae judgment and order passed by the Division Bench of the High Court Division, Dhaka, in Application No. 24 of 1983. 2. Leave was granted to consider the question whether the amount received by the respondent assessee on account ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....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. ......e in the absence of a prayer for farther or consequential relief. This argument does not appear to be tenable, for even if the prayer for further relief was not included in the plaint the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the pro......ip;.Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965......yer for cancellation of the document failing which, it was further directed, her suit would stand dismissed and that of the defendant Sufia Khanam would stand decreed. 3. Leave has been granted to consider: (i) whether the learned Single Judge is well-founded in law in directing amen..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......e of decisions. 6. In Hunooman Persaud Panday V. Nissunat Babooee Humraj Knonworee (1956) 6 Moo Ind. App. 393 (PC) at page 423 Lord Justice Knight Bruce observed: "The power of the manager for an infant heir to charge an estate not his own Is. under the Hindu Law, a......hellip;………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 1...... settled the suit land with defendant No.1 on receipt of a salami of Tk 500/- at an annual rent of Tk. 15/- after receiving a kabuliyat, executed by defendant No. 1 on 4th Ashar 1360 B.S. and granting a patta to him on the following day. It was asserted that the settlement was for lega..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......hellip;……Appellants Vs. Roushan Ara Begum and others……………Respondents Judgment March 16, 1980. Cases Referred to- Haroon Mia (1952) 4 DLR 114 ; Bindhu Bala (1952) 4 DLR 293; Maharaja B. Singh (1953) 5 D...... in the schedule. Defendants preferred Second Appeal No. 368 of 1974. The learned Single Judge affirmed the order of the appellate court below and dismissed the appeal. Leave was granted to consider the question whether the suit was hit by law of limitation. 7. It i..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....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. ......roperty of the Government. The General Notification reads as follows: "For acquisition of rent-receiving interest. Notification No. 4835-L.R. dated the 2nd April 1956:- "In exercise of the power conferred by sub-section (1) of section 3 of the East Bengal State Acquisition and Tenancy Act......………Appellants Vs. Municipal Committee, Mymensingh................................Respondents Judgment April 2, 1986. Result: The appeal is dismissed. Cases Referred to- 18 DLR 618 (622); Sk. Abdul Latif vs. Malek 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Barod......ng aside the judgment and decree of the appellate court below. The High Court Division found that the defendants did not acquire tenancy right in the suit land under the Government. 7. Leave was granted to consider the question whether after the wholesale acquisition of the rent receiving int..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 dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......reme Court observed: "There is in this case an attack on the proceeding on the ground of mala fide too. A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala-fide exercise of statute. It may be expl......ult: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 14A The Civil Procedure Code, 1908 (V of 1908) section 9 Suits which a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Jus......of rejection being a decree under section 2 of the Code of Civil Procedure, the plaintiff-petitioners have a right of appeal but as no right of appeal to the Appellate Division in such cases has been granted by Constitution of Bangladesh the petitioners have preferred this application for special ..Category: Property Law | Date: | Hits: 48
Muslimuddin & others Vs. The State, 1986, 15 CLC (AD)
....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. ......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. ......iminal Procedure, 1898 (V of 1898), section 154 Criminal Trial The fundamental principle of a criminal trial is that the accused shall be presumed innocent and that he is not required to prove his innocence. The entire burden of proof of his guilt lies on the prosecution alone……......he seven accused guilty of murder rejecting the defence plea of innocence. The findings arrived at by the trial Court were maintained by the High Court Division in appeal as stated above. Leave was granted to consider the question whether the conviction of the appellants based as it is on the evid..Category: Criminal Law | Date: | Hits: 56
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......il Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to creation of interest in favour of the lease and this gives him the right of being impleded. If su......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. 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 ......Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only......Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the compa......ding of Annual General Meeting of the Company. Their grievances which are alleged to have definite factual basis are stated in paragraphs 13 to 17. 9. Respondents, in their application, prayed for granting necessary directions for advertisement and notices, condoning the delay, if any, in holding..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 ......ten statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify, plaint or written statement on behalf ...... A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Cantonment, Ministry of Defense & others………………………Respondent Judgment Aug...... 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
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......ity is not property represented as his widow Sreemati Anna Purna and his other heirs were not made parties, there is no development committee known as Chatteswari Development Committee having the power to transfer the property of the deity, respondent Nos. 1 (a) and 1(b) have no power of transfe......………………………….Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... case, the Presiding Officer after counting gave a sheet, which showed that the appellant was elected and two days later on 12.1.84 there was re-counting at the behest of the Returning Officer. The power of re-counting is given in Rule 38(4) which says that the Presiding Officer may recount the vo......d others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to......hat there should be a fresh counting of the ballots with notice to the parties and in that view of the matter set aside the judgment of both the District Judge and she Election Tribunal. Leave was granted to consider the correctness of the decision of the High Court Division. 5. It was an el..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......s filed much beyond the period of two mouths from the High Court Division's order within which the deposit was to be made 7. Coming to section 148, C.P.C., as invoked by the learned Advocate, it empowers a Court to enlarge period of time granted earlier to do certain act. The section reads thus: ......96(1) (4), clause (b) of section 96(6). The Court may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1,......peared before the trial Court with an application for accepting his deposit but the trial Court by an order dated 10 April 1983 rejected the application taking the ground that two months' time as granted in its order dated 30 March, 1981 for the deposit had long expired and that the direction fo..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....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......., printing and editing the said weekly 'Ispat' from Mukul Mudrayan. Masompur, Kushtia in violation of the aforesaid Act, I, A.K.M. Fazlul Hoque Miah, District Magistrate, Kushtia in exercise of powers conferred upon me under sections 22 and 23 of the Printing, Presses and Publications (Dec...... The Code of Civil Procedure, 1908 (V of 1908), section 10 The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District M......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)
.... after giving their careful consideration observed: "In whatever jurisdiction (both under Article 102 of the Constitution and section 561A of the Cr.P.C. the exercise of jurisdiction being discretionary) since the matter has been considered and for whatever reasons interference was not m......nch. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first p......……………..Appellants (In both the appeals) Vs. Sessions Judge, Pirojpur and others……………….Respondents (In both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai ......t Division in Criminal Revision No. 22 of 1985 and in Writ Petition No. 253 of 1985. The criminal revision was heard by the Barisal Bench and the Writ petition was heard by the Dhaka Bench. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 14..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ognised by or under any law in force in this country, appellants cannot get such declaration from the Court. Attorney-General Bakr next submitted that it is the Government alone which possesses the power to grant franchise of a hat as provided in the State Acquisition and Tenancy Act and Ordinance......1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particula......gs. The Court has no authority to interfere with the discretion exercised by the Government………………….(60) On the failure of the appellants to establish the right of francise, either by grant or by prescription, in respect of Salimabad hat sitting on Tuesdays and Fridays of the week, t..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....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 ......h intimation to the contemner because he is a second class Magistrate. The feeling that flows underneath is that the contemner is a first class Magistrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the con...... another …………Respondent Judgment February 9, 1986. Contempt of Court “Acceptance of an apology tendered not at the earliest opportunity showing sincere regret, would amount to opening and not closing the door of scandalizing the Courts”……..(22) Action of the......ively quoted above, this has been so because, appellant's Counsel, instead of advancing lengthy submissions, briefly mentioned the background of the case and took time. Adjournment of the appeal was granted for a day. Next day, an application tendering unqualified apology was filed on behalf of the..Category: Criminal Law | Date: | Hits: 49
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