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State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....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. ......tely emphasising certain points, particularly the question of law relating to acceptance of inculpatory part of a confessional statement by rejecting its exculpatory part, keeping in view the general principle that a confession should be either rejected or accepted as a whole. 40. Facts of the ca......however, 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 element in the consideration of all the facts proved in..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. ......the writ petition, the addition of the aforesaid respondents was neither necessary nor proper. The discretion it is submitted has been wrongly exercised, not in keeping with the well-settled principles as to addition of parties." 4. Mr.T.H. Khan, Counsel for the appe...... 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
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....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. ......tion is that nobody is entitled to represent his goods of somebody else. Foundation of a passing-off action is always deception or possibility of deception, Beaumont, C. J. has elucidated the principle of pasting-off in his decision in the case of K.M. Multani vs. Paramount Talkies AIR 1942......lip;….....Appellants. Vs. M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Ma..Category: Intellectual Property Law | Date: | Hits: 239
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....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. ......e is a breach of any statute or rule the same can be remedied by Invoking writ jurisdiction. Even if any discretion is left la the statute such discretion must be exercised In accordance with settled principles and not arbitrarily. 30. Mr. Ishtiaq Ahmed traced the historical background of the nat...... the rent of the fishery is revised & fixed at Tk. 1,08,000/00 (72.000/- + 36.000/-) annually instead of Tk. 1,20,000/00 (80,000/- + 40,000/-) for the period from 1389 to 1394 B.S. The excess amount of Tk. 12,000/00 already deposited by you for the year 1389 B.S, is adjusted towards the rent..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. ......quired to purchase in order to become a Director: but, as he had no money he had executed the Deed as 'Mortgage-deed' on condition that the land would be reconveyed to him whenever he paid this amount. Defendant No. 2 in his letter requested the Minister to accept the mortgage-money of Tk. 30,..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ...... reliance is placed on Mohammad Abdur Rouf vs. Ahamuda Khatun 33 DLR (AD) 323. 6. We do not find any substance in these contentions. In this facts and circumstances of the case the principle laid down in Md. Jebed Ali and others V. Rakhal Chandra Mondal and others 33 DLR (AD) 30......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
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. ......inst 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 termination of the agency was a capital re..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. ......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. ......;cations and approved plan/design is Tk. 47, 87,500/- (Taka forty seven lies eighty seven thousand and five hundred) only. The total price of the 2 (two) coasters is Tk. 95, 75,000/-. Out of this amount BSRS will pay Tk. 70, 00, 000/- only by establishment of an irrevocable letter of cred..Category: Business or Commercial Law | Date: | Hits: 100
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. ......sperately urged that there is no requirement of law that the settlement of a deity's land by a sebait can only be made for legal necessity for the deity. A bold attempt, indeed, to unsettle a principle of Hindu law settled by a long line of decisions. 6. In Hunooman Persaud Pand......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. ..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. ......hen viewed in the light of relationship. Mere non-payment of rents and even non-sharing of profit would not justify a case of adverse possession. 19. It is not necessary to recapitulate the principle that has been laid down on the law of adverse possession by the highest authority. I......ear language by the Privy Council in the case of Siddik Mohammad Sha Vs. Nt. Faran, AIR 1930 PC 57 as quoted below: "Where a claim has been never made in the defence presented no amount of evidence can be looked into upon a plea which was never put forward before." ..Category: Property Law | Date: | Hits: 50
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. ......orts of complexities and confusion. Whatever the legislature says, unless it is contrary to the Constitution, its mandate, either express or implied, has been obeyed by Court. We are aware of the principle stated by the Judicial Committee of the Privy Council in the well-known case of Secretary ......ner except as allowed under section 14A quoted above. In other words, in order to prosecute an independent suit, it must be shown that the impugned order cannot be passed or that the order does not amount to an order under the Act, that is to say, the order itself is incompetent. There is, however..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. ......…….Respondent Judgment Feb 20, 1986. Result: The Appeal is allsowed. The Code of Criminal 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 requ......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)
.... 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 ......section 76 (3) of the Companies Act to call such a meeting, are exercisable by the Court in the circumstances stated therein. 17. Decisions cited by the learned Counsels have considered a few principles as to the extent of such powers which may be referred to. In exercising such powers the C......eral meeting made upto a date not more than six months before such meeting. The balance sheet shall be accompanied by a report of the Directors as to the state of the Company's affairs, and the amount which they recommend to be paid by way of dividend, and the amount (if any) which they pr..Category: Business or Commercial Law | Date: | Hits: 111
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. ......it, (the number of Shebaits being eleven). He referred to Mulla's Hindu Law, Article 419, 8th edition. This Article, namely, Article 419, deals with devolution of office of Shebait. Quite a number of principles are stated therein which regulate such devolution. The question raised in this appeal doe......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. 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. ......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. ......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. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....he date the suit for pre-emption ''shall stand dismissed.'' The respondent challenged this enhancement in second appeal which however, was dismissed in limine. He then deposited the amount in several installments and proceeded to have his decree executed. The appellant by an application to the trial...... it is susceptible of being avoided for a technical fault"—Cornelius CJ. "This section, (148) it is now well set lied, does not apply where the period is fixed by a decree, ....The principle upon which it has been so held is that since a decree formally puts an end to a suit the......use (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, if a prayer t..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.......under Section 12 of the aforesaid Act. Lastly, he mentioned that the impugned order was also liable to be struck down for want of show-cause notice, that is, for the violation of the long established principles of natural justice. 8. So far as the fact of declaration and authentication of the wee......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
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. ...... context of the right of franchise legally recognised and cognizable by a Civil Court and further, whether the right of franchise could be interfered with by any executive order without following the principles of natural justice and also whether the concurrent finding of facts could be interfered w......g by the side of Tebaria stands. According to the trial Court as well as the First Appellate Court, the tick mark in red ink appearing by the side of Tebaria market shows some interpolation which amounted to forgery. The learned Attorney-General as well as the Counsel for respondent No. 2 submit..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....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 ......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 ......n respect of any premises, is payable by the tenant and the land-lord agrees, under the terms of the tenancy, to pay such rate, tax, told or fee or such share of such rate tax, toll or fee, the amount so agreed to be paid by the landlord shall be payable by the tenant to the landlord in ad..Category: Tenancy Law | Date: | Hits: 65
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 ......Asharam M. Jain vs. A. T. Gupta, AIR 1983 SC 1151 the Indian Supreme Court has, while, considering whether unqualified apology tendered by the contemner should be accepted or not, referred to a few principles for guidance of the Court. While it is necessary to remember that in dealing with a conte......ate and 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..Category: Criminal Law | Date: | Hits: 49
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