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Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....he admission made in the previous plaint the admission was binding on the plaintiff. In this case it has been urged by the appellants that as the previous suit was withdrawn only on the ground of defect in the frame of the suit the plaintiffs should be bound by their statements in the previous......k Khan being dead his heirs Shazu Bia & Ors..... ............................Respondents Judgment July 26, 1987. The Evidence Act, 1872 (I of 1872), section 17 An admission made by a party in a plaint is admissible as evidence against him in other actions but such admission cannot b..Category: Property Law | Date: | Hits: 36
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 ......t the High Court can interfere on this ground in the second appeal. 33. In the case of Jahandar Baksh Mallik V. Ram Lal Hazrah reported in 37 Cal 449 it was observed: "If, therefore a party deliberately waives a legal right to which he is entitled, and no question of contravention ..Category: Tenancy Law | Date: | Hits: 109
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ...... charge sheet under the aforesaid section. 3. At the trial 11 witnesses were examined in support of the prosecution case. In cross-examination of the P.Ws. the defence suggested that the informant party were the aggressors and there was a free-fight between the parties in which it could not be as..Category: Criminal Law | Date: | Hits: 52
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 ......ction by a special law namely, the Customs Act, was considered. It was held there that "where a right is created by a statute which also prescribes the manner in which that right may be enforced, the party complaining of any infringement of such right can only seek such remedy as is provided by that..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......resaid Musa Sarkar was alleged to be the prime mover, the main man among the accused. He hails from Char Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two oth..Category: Criminal Law | Date: | Hits: 55
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. ...... also as defendant No. 4 upon promulgation of P.O. 142 of 1972 which stipulated that no suit for specific performance of contract could be instituted without impleading the Govt. which is a necessary party. 19. The Enemy Property (Continuance of Emergency Provisions) (Repeal) Ordinance 1974, Ordi..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......re us the decisions that seem to support his contention and the decisions that are against him. 5. In Narasimha V. Sengodi AIR 1955 Mysore 79 it is held that ordinarily a notice should be given to party against whom the order under rule 7 of Order 39 of the Code is sought to be enforced. 6. Th..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......espondent No.1 filed the Writ petition asking for an information as to under what authority the appellant claims to hold the office of chairman which is a public office alleging that the appellant is party to a contract for some work to be done for the same Upazilla Parishad and has otherwise pecuni..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...... where it should be raised as an issue." The majority view has been quoted above and the minority view was that the waiver had been established as a fact in that case. It was focussed that where a party has two rights, the mere exercise of one right does not amount to waiver of the other, but if ..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ...... and that some of the valid ballot papers were excluded from counting in favour of the respondent-petitioner and some invalid ballot papers were counted in favour of the appellant opposite party. In the above circumstances, it has been clearly established that there were sufficient..Category: Election Law | Date: | Hits: 110
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a 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)(1987) 223. ......tified copies. The plaintiff has given explanation that the original was burnt. 14. Section 65 (c) provides for secondary evidence “when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own defaul..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....not in this country the trial Court erred in holding that defendant Nos. 1, 3 and 6 virtually admitted the plaintiff s claim by not appearing and contesting the case ; and that the suit was bad for defect of parties as admittedly the interest of defendant Nos. 1 and 6 was declared as an enem......nd come to its own finding where the appellate Court reversed the trial Court's finding of fact without taking any notice of a material document on record. 9. In the instant case defect of party was not made an issue. The appellate Court does not appear to have dismissed the suit on that..Category: Property Law | Date: | Hits: 50
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. ...... 1 of section 3 containing the 'savings' says that' in spite of the Ordinance all enemy properties which have vested in the custodian of enemy property shall vest in the Government'. Once such pro-party stands vested in the Government under this clause it cannot, in my opinion, be divested ..Category: Property Law | Date: | Hits: 70
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......interfere to prevent miscarriage of justice caused by wholly unwarranted acquittal. In the case of Siraj Din v. Kala, 16 DLR, SC 95, also referred to, Cornelius CJ., though his Lordship was party to the majority judgment in favour of maintaining the acquittal by the High Court, gave ..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ondents were new entrants since the respondents joined service in June 1978. In short he submitted that respondents were not new entrants as contemplated in Regulation 18(a). Also the suit is bad for defect of parties as the judgment will affect others who are not made parties to the suit. 9. I......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
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. ......he Evidence Act, and marks a departure from the Common Law of England. It will be noticed that the section applies to confessions, and not to statements which do not admit the guilt of the confessing party....But a confession of a co-accused is obviously evidence of a very weak type. It does not i..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. ......6. In Makhan Lal Chakraborty vs. S. K. Chatterjee, AIR 1954 Cal 208, the Calcutta High Court had an occasion to consider the principles for determining the question as to who should be made a party to an application praying for a writ of mandamus under Article 226 of the Indian Con&sh..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. ...... any right to do private business of similar nature. No paper regarding the formation of the company, such as Memorandum of Articles of Association have been produced before us by either party. Section 11 of the Companies Act provides that a company shall not be registered by a na..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. ......lled into side issues to come to the conclusion that the writ is not available. 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 shoul..Category: Property Law | Date: | Hits: 87
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
.... of the insurance, guarantee suitably so as to fulfill the above conditions. ARTICLE 7. - Guarantee : i)The Builder shall remedy by repair of replacement of any defect due to bad workmanship of use of defective materials which become apparent during a pe......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. ..Category: Business or Commercial Law | Date: | Hits: 100
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