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Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
.... remand with permission to examine witnesses in support of the document already proved. However the Heba-Bil-Ewaj having been disbelieved by the courts below concurrently shall not be reopened in the fresh trial…………………..(11 & 12) Lawyers Involved: T. H. Khan, Senior Advocate, inst......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
The State Vs. Madhu Mirdha, 1988, 17 CLC (AD)
....er of the High Court Division is set aside and it is directed that the trial be held according to the amended provision of Criminal P.C. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 99 ...... the Sessions Judge on 3 November 1983. The case was eventually transferred to the file of the Additional Sessions Judge at Barisal for trial. Accused-respondent moved the High Court Division with an application under section 561A, Cr.P.C. on 22 June 1984 for quashment of the proceedings and releasi..Category: Criminal Law | Date: | Hits: 60
Abul Kashem and another Vs. The State, 1988, 17 CLC (AD)
....referred to is found to have been rightly excluded from the working days so far as this case is concerned. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 97 ...... of 1986.) Judgment: Shahabuddin Ahmed J. - The accused-petitioners are seeking special leave to appeal from an order of the High Court Division dated 2 February 1986 summarily rejecting their application under section 561 A, Crl.P.C.for quashing the proceedings in Sessions Trial Case No.29 o..Category: Criminal Law | Date: | Hits: 52
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 ...... 1982, September 1983, September 1984, November 1984 and February 1985. All these informations were derived from the records of H.R.C. Case No.436 of 1974 in the 1st Court of Munsif, Chittagong on an application for information made by the plaintiff-respondent. Such non-payment of rent and irregular..Category: Tenancy Law | Date: | Hits: 109
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
.... waiting registration by ensuring that he is not deprived of the property in case of his vendor turns round to take advantage of the fact that the said instrument is still unregistered and executes a fresh kabala and gets it registered as well purporting to convey the self-same property in favour of......possession was delivered in pursuance of the agreement. 11. Mr. Md. Nurul Huq further argued that equitable principle as can be found in section 53A of the Transfer of Property Act cannot have any application, in view of the fact that it is the Registration Act that determines the issue when ther..Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....t Division refused to quash the proceeding and this Court came to the conclusion that there was nothing illegal. In that case the accused was discharged after final report but a Naraji petition and a fresh complaint was filed before the Magistrate whereupon the cognizance of the offence was taken. I......t of Sessions to stand their trial there and since then the case - Sessions Case No. 43 of 1983 has been pending. 10. The appellants challenged the proceedings before the High Court Division by an application under section 561A Crl. P.C. but the flamed Judges rejected it as mentioned above. Leave..Category: Criminal Law | Date: | Hits: 46
..... While he was expecting an order of acceptance of his tender he received a letter dated 12-12-86 (Annexure 'H' of paper book of respondent Nos. 1 to 3) from respondent No. 1 indicating invitation of fresh tenders. It was stated in the letter that though the Corporation had invited tenders on "both ......ar Doot, as the highest bidder” and further that the defendant Corporation and its officers "are bound to implement the sale of the vesel to him" in terms of their Tender Notice. Appellant filed an application under Order XXXIX, rules 1 and 2, read with section 151, Civil P.C., for an injunction r..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......case No. 64 of 1963-64 for the establishment of a Fire Brigade Head Quarter Station at Khulna Town. It is stated that the petitioner challenged the requisition unsuccessfully. Thereafter, he filed an application under section 4A (2) of the Emergency requisition of Property Act, 1948. After hearing t..Category: Property Law | Date: | Hits: 49
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 ......The suit was contested by the defendant, Senior Manager of the Mills, by filing a written statement. His case was that the suit was not maintainable as the plaintiff was a worker and had remedy by an application before the Labour Court under section 25 of the Act;" that the plaintiff was never an em..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... pending its disposition by Order in Council after the determination of the war, the property is removed from the control and from the beneficial ownership of the enemy. At the termination of the war fresh consideration will arise; and whether the enemy will recover, and to what extent he will recov......t, 19-70. The suit property became enemy property and the Custodian had leased out to several persons on monthly rent and they were in possession. 4. In the meantime on 12.7.72 one Sova Rani filed application stating that she is one of the two daughters of Hemnalini Basu as such she, as an heir, ..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 ......tain suit properties without issuing any show cause notice upon the defendent-appellants. 2. Respondent No. 1 instituted a suit for partition on 30th March, 1986. On the following day he filed two applications, one for appointment of a receiver, and another for appointment of a Commissioner for m..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. ......e of Ordinance No. LIX of 1982 in section 6(2) (f) in the background of the facts and circumstances of the case. 8. It may be mentioned here that before the hearing of this appeal was taken up, an application was filed jointly by the appellant and respondent No.1 to the effect that they have sett..Category: Election Law | Date: | Hits: 132
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. ......tion has been taken. 12. It may he pointed out at the outset that it is not correct to say that the recounting went on for over a year. As a matter of fact the recounting began following the application by the respondent on 29 8. 84 and concluded by Mr. Humayun Rashid, Munsif who left his ..Category: Election Law | Date: | Hits: 110
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. ......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. ..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....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. ...... execution of the baina-patra; that after the death of his wife the plaintiff took lease of the suit land in his own name; that he played hide and seek by not disclosing the baina-patra in the applications for lease (Ext. C and C(1)) nor about the lease fn the plaint; that the Refugee Regis..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... appeal by special leave is directed against the judgment and order passed by a single judge of the High Court Division, Dhaka, in Civil Revision No. 234 of 1983 summarily dismissing the application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Ti..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....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: ......r repeal and replacement of the Schedule as specifically referred to in section 35A. The expression ''as amended before the promulgation of the Court Fees Act (Amendment) Ordinance, 1962," in its application to East Pakistan as it was then, means and refers to the Schedule which was brought in..Category: Procedural Law | Date: | Hits: 124
Bangladesh Vs. Md. Kobad Ali and others, 1987, 16 CLC (AD)
....ot to have summarily rejected the application. We condone the delay, allow the appeal and remand the matter to the High Court Division for hearing in accordance with law. No costs Ed. ......sp; M. H. Rahman J.-This appeal, at the instance of defendant No. 1, is directed against a summary rejection of an application under section 115(1) of the Code of Civil Procedure. 2. Plaintiff-respondents' T..Category: Procedural Law | Date: | Hits: 102
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......by a private limited company against whom a proceeding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Judge of the High Court Division. 2. An application for winding-up on the ground of non-payment of debt was filed by the respondent-petitio..Category: Business or Commercial Law | Date: | Hits: 76
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. ......cle 8 of the East Pakistan Enemy Property (Lands and Buildings) Administration and Disposal Order, 1966 ceased to be in force, the reason being that these provisions could, no longer, have any application after the parent legislation, namely, Ordinance of 1966, ceased to exist. The learned ..Category: Property Law | Date: | Hits: 70
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