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Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....d having been transferred by the Election Commission to the Upazila Munsif, Chakaria, the judgment was delivered by the Election Tribunal, Chakaria on 23.12.85. 6. As to the allegation of illegality/ irregularity in the conduct of the election the Tribunal found that they were not pr......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. ..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....restored those of the Trial Court. 5. Leave was granted to consider the submission that the findings of fact arrived at by the lower appellate court on consideration of evidence have been illegally disturbed by the learned Judge of the High Court Division on misconstruction of &...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......atun to her daughter Maleka Khatun on the ground that he became a co-sharer by virtue of the decree which he obtained in his suit for specific performance of contract against Afia Khatun. His status as a co-sharer in respect of this plot would have been established if he obtained a reg..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....simple. Plaintiff is the appellant. He filed the suit being Title Suit No. 264 of 1977 in the Court of Munsif, Chandpur, for a declaration that the proceeding of E. P. Case No. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the......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. ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....ehalf, and en behalf of her minor son defendant No. 4. The plaintiff also purchased the defendants' huts on the suit land and was residing there. He also made new huts there. As there was some legal difficulty in executing the kabala, the vendors being the members of the Minority Community,......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... Court was considering a substitution of a schedule (iv) in the Workmen's Compensation Act, 1923 by the Workmen's Compensation (Amendment) Act, 1957. It has been observed that a substitution of one legal provision by another does, in effect, repeal and re-enact an earlier law with or without modif......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: ..Category: Procedural Law | Date: | Hits: 124
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....offence committed against the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance or any order made thereunder; or (e) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forf...... 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. ..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. ......ess was examined although available and on the other, even the relations of the deceased did not support the alleged occurrence On top of all this there was the evidence of 5 D. Ws. local people of status and standing, neither interested in the accused nor inimical to the deceased, who proved un..Category: Criminal Law | Date: | Hits: 46
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....ruitment of the plaintiffs and others of their group (i.e. Group-IV named Jr. Accounts Supervisor) and published vide Letter No. DACCA/ SENIORITY/PIN/84/38 dated 5th January, 1984 is correct, legal and binding on all concerned and the seniority list now prepared in violation and contrave......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)
.... Penal Code reads as follows: "Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which ma......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. ..Category: Criminal Law | Date: | Hits: 124
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
....5 and tender notices dated 18.6.85 and 29.7.85 inviting tenders from prospective buyers of the aforesaid holding should not be declared to have been made without any lawful authority and of no legal effect and as to why they should not be directed to release the holding in favour of the app...... 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
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... statutory duty of the respondents to deal with this matter. The argument was repelled by this Court observing before the jurisdiction of the Court can be invoked the person must show that he has a legal right to insist upon such performance. It was observed: "In the Instant case apart from the......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. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....ereafter the agency was terminated but the agent continued in possession; in the suit for injunction by the owner it was held that ‘it cannot be assumed that the moment such an agency is terminated legal possession of the property must be deemed to have passed back to the principal’ and that the...... 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. ..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....ellants gave no personal guarantee for the discharge of any liability of appellant No.1, they are not liable to repay the amount in question and the order of attachment of their properties was not legally sustainable. Further, appellant No.1 who had been paid for construction of vessels is ......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
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....has been so registered; and such officer shall note on the copy of the instrument contained in hit books the fact of its cancellation." "42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any per......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. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....omise was not kept. 2. Defendant No. 1, the present appellant contested the suit asserting, inter alia, that the suit was not maintainable and that the alleged management committee was not legally constituted and that plaintiff No. 1 had no locus standi to file the suit, that the deity's......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)
.... and interest by Hedayet Baksha in 6.5 pakhis of land out of the suit land had been subsisting and they had not been extinguished in any manner and consequently the plaintiffs inherited their legal share from Hedayet and they are entitled to get the same. The appellate court below further f......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. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....ity for 9 years and it was renewed from time to time upon 1956. 9. The Bengal Municipal Act 1932 provided the constitution of the Municipality and it provided further that the Municipality is a legal person which could sue and be sued. See section 15(2). It could also own land and dispose of i......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. ..Category: Property Law | Date: | Hits: 34
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....opy of the balance-sheet was sent to the respondents prior to holding the Annual General Meeting and the placing of the balance-sheet in the meeting held on 15th and 22nd May 1985 was, therefore, illegal, Also, in view of Articles 7,9, 82,86 and 87 of the Articles of Association of the Company whi...... 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 ..Category: Business or Commercial Law | Date: | Hits: 111
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....re 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 transfer, there is no legal necessity for sale of the property and if the appellant produced any agreement of sale it is a......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
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