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Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....har and others, AIR 1977 (SC) 1496 the Court considered whether the breach of contractual obligations can be remedied by writ jurisdiction. In that case the contract was not rooted in any statutory power or obligations. It was a case of revising the rate of royalty payable by the lessee that was......d.....................Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarw......f promissory estoppel should be attracted in the facts of the case. 19. A decision is to be given on the facts litigated upon and any other observations are to be avoided which do not strictly call for adjudication. It is unfortunate that the High Court Division widely travelled into side is......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
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. ......ed: S.R. Pal, Senior Advocate instructed by Kazi Abdul Hoque, Advocate-on-Record—For the Petitioners. Not represented- The Respondents. Civil Petition for special leave to Appeal No. 301 of 1985. (From the Judgment and Order dated 24.7.85 passed by the Hi...... and hence it was held that the mutation order was hit by the doctrine of lis pendens as contained in section 51 of the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reporte......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
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....e in the absence of a prayer for farther or consequential relief. This argument does not appear to be tenable, for even if the prayer for further relief was not included in the plaint the Court go power to direct amendment of the plaint so as to include such a prayer at any stage of the pro......ip;.Appellant (in both the cases) Vs. Faizun Nesa Chowdhury...........................Respondent (in both the cases) Judgment July 23, 1986. Cases Referred to- Kalu Ram AIR 1932 All. 485 (F-B); Sri Krishna Chanda ILR 55 All. 791; Daibaki Lal. (1965......nt Be that as it may, the main question now is whether tae relief of cancellation is a consequential relief or an independent relief. Section 42 of the Specific Relief Act does not specifically provide for cancellation of a document but it is section 39 of the Act which specifically pr......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)
....e of decisions. 6. In Hunooman Persaud Panday V. Nissunat Babooee Humraj Knonworee (1956) 6 Moo Ind. App. 393 (PC) at page 423 Lord Justice Knight Bruce observed: "The power of the manager for an infant heir to charge an estate not his own Is. under the Hindu Law, a......hellip;………………Appellant Vs. Monindra Lal Roy & others……Respondents Judgment June 29, 1986. Cases Referred to- Hunoomanpersaud Panday (1856) 6 M.I.A. 393 (PC) Prosunno Kumari Debya (1874-75) 2 I.A. 1......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. ......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
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....roperty of the Government. The General Notification reads as follows: "For acquisition of rent-receiving interest. Notification No. 4835-L.R. dated the 2nd April 1956:- "In exercise of the power conferred by sub-section (1) of section 3 of the East Bengal State Acquisition and Tenancy Act......………Appellants Vs. Municipal Committee, Mymensingh................................Respondents Judgment April 2, 1986. Result: The appeal is dismissed. Cases Referred to- 18 DLR 618 (622); Sk. Abdul Latif vs. Malek 38 DLR (AD) 22; Raishaeb Pandit vs. Bombay, Barod......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. ......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
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....reme Court observed: "There is in this case an attack on the proceeding on the ground of mala fide too. 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 statute. It may be expl......ult: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 14A The Civil Procedure Code, 1908 (V of 1908) section 9 Suits which a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Jus......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. ......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. ..Category: Property Law | Date: | Hits: 48
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
....Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only......Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the compa......e company only under the conditions provided under those provisions. Before exercising the powers conferred under section 79 (3), the Court must be satisfied that it has been impracticable to call a meeting in a manner in which such a meeting is ordinarily to be called………………..(18...... Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only under the conditions provided under those provisions. Before exe..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ten statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify, plaint or written statement on behalf ...... A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Cantonment, Ministry of Defense & others………………………Respondent Judgment Aug...... Service", the authorised person is "any Military Estate Officer". The ejectment suit in question relating to a premise in the Cantonment Area. The Military Estate Officer is the person is the specifically appointed by the Government to sign and verify a plaint or written statement on behalf of the ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....ity is not property represented as his widow Sreemati Anna Purna and his other heirs were not made parties, there 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 transfe......………………………….Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, ......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. ......se the same. On 8th May 1977 the aforesaid Committee unanimously passed resolution of the sale of land surrounding the temple for its development and preservation. In all eight persons attended the meeting. Respondent Nos. 1 (a) to 1(e) are parties to the resolution. On 16th July, 1977 the Committ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
.... case, the Presiding Officer after counting gave a sheet, which showed that the appellant was elected and two days later on 12.1.84 there was re-counting at the behest of the Returning Officer. The power of re-counting is given in Rule 38(4) which says that the Presiding Officer may recount the vo......d others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....s filed much beyond the period of two mouths from the High Court Division's order within which the deposit was to be made 7. Coming to section 148, C.P.C., as invoked by the learned Advocate, it empowers a Court to enlarge period of time granted earlier to do certain act. The section reads thus: ......96(1) (4), clause (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,...... (From the judgment and order dated 30 October, 1983 passed by the High Court Division, Dhaka, to Civil Revision No. 242 of 1983.) Judgment: Shahabuddin Ahmed J.- This appeal by a pre-emptee calls in question an order of the High Court Division in revision dated 30 October, 1983 maintaini......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
...., printing and editing the said weekly 'Ispat' from Mukul Mudrayan. Masompur, Kushtia in violation of the aforesaid Act, I, A.K.M. Fazlul Hoque Miah, District Magistrate, Kushtia in exercise of powers conferred upon me under sections 22 and 23 of the Printing, Presses and Publications (Dec...... The Code of Civil Procedure, 1908 (V of 1908), section 10 The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District M......e Criminal Procedure Code, which provide: “10.—(1) In every district 5[outside 2[a] Metropolitan Area] the 3[Government] shall appoint a Magistrate of the first class, who shall be" called the District Magistrate. (2) The 1[Government] may appoint any Magistrate of the fi......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
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....nch. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first p......……………..Appellants (In both the appeals) Vs. Sessions Judge, Pirojpur and others……………….Respondents (In both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai ......n in exercise of his powers under section 439A. 7. The points need investigation. Section 439A (1) is in the following terms:- "In the case of any proceeding the record of which has bee n called for by himself or which otherwise comes to his knowledge, the Sessions Judge may exercise ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ognised by or under any law in force in this country, appellants cannot get such declaration from the Court. Attorney-General Bakr next submitted that it is the Government alone which possesses the power to grant franchise of a hat as provided in the State Acquisition and Tenancy Act and Ordinance......1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particula......int Deputy Commissioner, Tangail. Sub: Petition of Md. Baher Ali Khan of Tebaria, P.S. Nagarpur. Ref: His Memo No. 523-SA dated 1.3.71 This is to report that I enquired into the matter locally on 25.4.71 after notice fiction of both the parties. I visited the new established bazar at Sa...... hat day. Even our political life is influenced by the deliberation on the hat day. The legislative definition carefully considered this aspect and, therefore, emphasis was given on the date of meeting than of anything else As. far back in 1850 A.D, Salimabad was found to exist as a hat 'which..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....h intimation to the contemner because he is a second class Magistrate. The feeling that flows underneath is that the contemner is a first class Magistrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the con...... 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 of the......ourt and we find the contemner guilty of contempt of Court on this allegation as well. We are not taking into account the statement of Rajkumar, the sweeper, as the contempt Rule did not specifically draw the attention of the contemner in the matter." "With regard to the further a......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 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....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, ......nance, 1983 (Ordinance No. LI of 1983) the hearing of an election petition was governed under the following provisions: "26. Election petitions.- (1) No election under this Ordinance shall be called in question except by an election petition under sub-section (2). (2) Any candidate ma...... 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. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....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......ing their infancy. His second wife was a tribal lady from Siliguri named Zohura Khatun who had no issue and as such she with the permission of her husband Amir Ali Mia adopted a son of a prostitute called Baramoni of Natore. The plaintiff stated that this adopted son is defendant Khorshed Alam ...... 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. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....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......ce of the Appellant, so as to affect his interests. In that case the question was whether the respondents are entitled to recover possession from the appellant for four annas share in a village called Chipabad. The Privy Council considered that the appellant was no party to the proceeding as h......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 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....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 ......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......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... 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 ...... Respondent No. 1 and his wife respondent No. 2 filed a written objection denying allegations made in the aforesaid application. It was stated that the boy has been suffering from severe ailments called ‘Hirshtring'. Steps were taken to take the boy to U.K. where he might require operation. We......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 ..Category: Family Law | Date: | Hits: 152
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