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AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ict Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appell......Mi Sarker Appellant (In Civil Appeal No. 54 of 1985) Vs. Mohammad Mobarak Ali and others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, ......urt Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appellate Tribunal, the High Court Division can grant any relief to which any aggrieved party is entitled to under the Ordinance…………..(42) ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should be interfered within the interest of justice in exercise of revisional power under section 115 of the Code of Civil Procedure…………….(42) Practice and procedur......rect analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed the suit on the findings that the plaintiff failed to prove that defendant Khorshed Alam was not the son of Amir Ali and that he was the son of prosti......he alleged marriage of Amir Ali with Monowara Begum has been disproved and concluded that the question of acknowledgement by Amir Ali of the defendant No.1 "as his son" is of no avail. Leave was granted on the following terms: "It appears that the decision of the case hinges on the question..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......y cases in which the Court can interfere after the passing and entering of the judgment are (1) where there have bests an accident or slip in the judgment as drawn up, in which case the Court has power to rectify it; and (2) where the Court itself finds the judgment as drawn up does not correc...... Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, the decree is liabl......e with the final decree." In this view of the matter, the appeal was dismissed. 6. In second appeal, the High Court DiÂvision took the same view by observing: "This prayer cannot be granted at this stage unless the preliminary decree is set aside. In the preliminary decree the ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ved: "Amendments of the pleadings are allowed, even when a legal right had accrued to the other party, if special circumstances of the case outweigh such consideration. In exercising this power, the Court would, no doubt, be reluctant to allow such an amendment, which would have the ef......dges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having ......intained in the office of the Revenue authoÂrity were corrected after the dispute regarding the identity of the property was raised by the appellants on this point, it may be mentioned, no leave was granted. Neither has there been any confusion in the mind of the plaintiff regarding the identity of..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ...... do so. It may be argued, as the appellant's Counsel did, that the welfare of the child would be best served if his custody is given to a person who is entitled to such custody. Nevertheless, court's power to determine the entitlement of a party to the Hijanat is not limited to mere observance of ag......Md. Abu Baker Siddique.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference of opinion about ......ntends that the welfare of the petitioner's son cannot be expected at the hand-of the divorcÂed wife who may re-marry at any time. The question raised merits consideration. Leave prayed for is granted," 5. Mr. Fazlul Karim, Counsel for the appellant, submitted that since the boy is ove..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the lan......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......, from before. His tenancy right has matured over the last forty years and such right is exercisable against the ex-land lord against whom the plea of adverse possession has been taken. He is willing to pay rent to the next land lord that is the government. His status is undeniable. His possession i......d they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government. 4. The trial court came to the finding that the plaintiff was in posse..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......nd as such he is not entitled to the protection as provided to a government servant or to an employee of any statutory corporation under article 135 of the Constitution……(15) The Register’s power of supervision of a co-operative society does not alter the character and status of the organi......g under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as s......dismissal taking the ground that he was not given any opportunity to defend himself and prayed for a writ of mandamus from the High Court, and, in fact, obtained such a writ. The High Court, however, granted a certificate of appeal from this order whereupon the matter came up before the Supreme Cour..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......hat the learned Judge over looked the other provisions of this Act, particularly section 6 of the (Criminal Law Amendment) Act, 1958. This section is quoted below; "Procedure in trial of cases and powers of Special Judge.—(1) The proÂvisions of the Code of Criminal ProceÂdure, 1898, except th......The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence fall......dings of the trial Court. 4. Mr. Serajul Huq, learned Advocate appeared for appellant Muslim Khan, (ReveÂnue- Agent) and Mr. Mahbubey Alam, learÂned Advocate for appellant Sonaullah Akhan. Leave granted by us in both these appeals, filed separately, is limited to the question as to whether the ..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......he Act runs as follows: "Appointment of officers.—The GovernÂment may appoint an officer or officers to carryout the purposes of this Act and such officer or officers shall have such duties and powers in respect of the regulation of matters pertaining to prinÂting press, books and papers, pri......e, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court DiviÂsion is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "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 power. A mala fide order ......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ......l Latif Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "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 power. A mala fide..Category: Business or Commercial Law | Date: | Hits: 118
Md. Jashimuddin Vs. The State, 1985, 14 CLC (AD)
....wed, judgment of the High Court Division is set aside and the case is remanded back to the High Court Division for rehearing on merit. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 35. ......of the same. If the appellate court does not dismiss the appeal summarily, then section 422 provides for causing notice to be given to the appellant and to the Government section 423 provides for the powers of the appellate court and Sub-section (b) reads as under: "(b) in an appeal from a convic......nnot be disposed of only in respect of the period of sentence even on consent of the parties without considering propriety of the Conviction. The Appeal is allowed and the case is sent back on remand to the High Court Division for rehearing on merit……….(7) Cases Referred to- Ramzan Ali ......ence is substantially reduced". In this view of the matter sentence of the appellants were reduced to 9 months and the appellants were dismissed with the modification in the sentence. 5. Leave was granted to consider the quesÂtion whether the appellate court could dispose of the appeal only on t..Category: Criminal Law | Date: | Hits: 62
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......nterlinked it will be just and convenient to hear both of them under the same petition. Section 84 provides that after making a winding up order the court shall settle the list of contributories with power to rectify the Register of members and those reliefs incorporate section 38 of the Companies A......2 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were m......t if an application under secÂtion 38 of the Companies Act is disposed of by the Company Judge in which any question of law is decided the appeal will lie to the Appellate Division." 8. Leave was granted to consider the question whether the reliefs claimed under sections 38 and 162 of the Compan..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ............. Respondents Judgment May 2, 1983. Result: The apÂpeal is allowed. The Civil Procedure Code, 1908 (V of 1908), section 100 Adverse Possession. Possession is not adverse to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated ......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......enable a person aggrieved by such decisions the amendment was brought about and this Amendment in its second part, expressly proÂvided for appeal against all these decisions. A Legislature which got power to enact a law also got power to enact retrospectively; in sub section (4), this intention as ......ce, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim C......9 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not authorized to exercise his right of appeal granted under section 4 of the Amending Ordinance (per Fazle Munim CJ)………….(10) In an eje..Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......g the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such receipt containing substantial cause for making decision in the suit shall have to be taken into evidence on appeal as additional evidence. The Appeal is allowed. Case Referred ......y J. - This appeal arises out of an order rejecting the appellÂants' prayer for taking additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civil Procedure. 2. Leave was granted to consider the question whether the High Court Division mis-directed itself in holding that..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......he Committee in the manner provided in rules 12 to 15." 12. Thus it is clear that tax dues can be recovered in the event of default by the owner from the occupier as well. Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) ......2 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff can......peal No. 974 of 1967) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgÂment of the High Court Division in Second Appeal No. 974 of 1967. Leave was granted to consider the question whether the view of the Appellate Court below that the bonafide req..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......lip;……....Appellant. Vs. Sashi Mohan Saha and others…………….....Respondents Judgment April 8, 1975. Cases Referred to: Bharat Singh vs. Bhagirathi AIR 1966 (SC) 405; Firm Malik Das Raj vs. Firm Peary Lal, A......aside the judgment and decree of the trial Court and dismissed the suit. Thereafter the plaintiff filed a petition for special leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ...... urged by the learned Counsel for the appellant are matters relating to facts which cannot be agitated before this Court as the appeal was under section 28 of the Companies Act which deals with the power of the Court to rectify register and it has been provided therein that the decision of the C......lip;..Respondent Judgment March 17 & 18, 1975. Lawyers involved: Syed lshtiaq Ahmed. Additional Attorney General, M. Nurullah, Advocate, instructed by S. M. Haq, Advocate-on-Record-For the Appellan......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ..Category: Business or Commercial Law | Date: | Hits: 113
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ......y. Against the aforesaid judgment the appellants obtained special leave to appeal to have following contention considered: (1) That the impugned Circular having been issued in exercise of the powers conferred on the Bank by the Staff Regulation, 1956 and under President's Order No. 127 o......er…………..ResponÂdents (In C.A. No. 27 of 1974). And Md. Nurul Huq & another……………………....Respondents (In C.A. No. 28 of 1974) Judgment May 2, 1975. Cases Referred to- Md. Aboo Abdullah Vs. The Province of East Pakistan, 12 DLR (SC) 211; Government of West PakÂ......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
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