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Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......r giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principle governing exercise of discretionary jurisdiction under Article 102 of he Constitution. Eve......ailway Division (Building) at the instance of the Ministry of Works, On the basis of the enquiry report a demand notice was issued against the said Waheed Kamal dated 8.7.72 and rental compenÂsation amounting to Tk. 2,280/- was realised from him with effect from 1.1.72 to 30.6.74. SubsequentÂly th..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......their written objection much later. It was contended before the learned Judge that the trial Court did not give the petitioners an opportunity of being heard nor did hold any enquiry as to the actual amount of the consideraÂtion money. The learned Single Judge considered secÂtion 96(3)(b) of the S..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......e, what corresponds to the stage of final disposal in an ordinary litigaÂtion is only a stage in the proceedings. There is no formal, declared termination of the proceedÂings." 15. The directive principles of the State says the State shall adopt effective measures for the purÂpose of; (b) rela......hool Authority and concluded that it is primarily for the Government "to take an exception to this measure" and then proceeded mainly on the question that "when the opposite party has invested a good amount of money and the School authorities have utilised part of the same, we are of the opinion tha..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......manner in which it is to be exercised, but if it is silent then all rules of procedure that apply to its ordinary jurisdiction will be attracted in regard to the special jurisdiction. It is a settled principle of law that if jurisdiction clearly conferred on a Court is to be ousted, the exclusion of......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......t No.1 the learned Judge has not had the occasion to know about the same. It has been held in an earlier decision of this Division that such ex parte final order should not be passed as it violates a principle of natural justice in that the apÂpellants are deprived of any opportunity to represent t......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)
.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......ndent Judgment April 17, 1989. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 426 Before lodging of the FIR, the appellant deposited the amount for which he has been charged for misappropriation. The co-accused is on bail. Under the fact..Category: Criminal Law | Date: | Hits: 34
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...........………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that ...... doubt. In the result, therefore, I would dismiss this apÂpeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......ections 378 and 403 The accused was delivered Tk. 9000 instead of Tk. 1900 by mistake by the complainant, cashier of the bank. The accused without prior knowledge or intention to receive the access amount, received the money and subsequently came to learn about the mistake committed by the cashier..Category: Criminal Law | Date: | Hits: 44
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained maÂjority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......ere could be no necessity for sendÂing the case to the trial court for the purpose of apÂpointing a guardian for the minors there and thereupon to try the suit again. To do so, in my opinion, would amount to piling technicality upon unreason which will defeat rather than promote the cause of justi..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ...... result, therefore, the appeal is alÂlowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......the documents, a certificate dated 14.2.89 from the Manager, Krishi Bank, Habiganj shows that the reÂnewal of the loan had been made on the basis of apÂplication of the appellant dated 20.1.87. The amount of loan extended up to 11.2.90 now stands at Tk. 4, 00,000/— 5. It appears that the High..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......hemently urged that the High Court division committed an error of law in asking the deÂfence to lead oral evidence to prove its plea of innoÂcence and that the impugned decision was contrary to the principle laid down in Safdar Ali Vs. The Crown, 5 DLR (FC) 107 page 109. We find no substance in th......s time to have recourse to the proÂtection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Magistrate’s order and as well as the reason given by the High Court Division makes it clear that the withÂdrawal was allowed in conformity with the true intent of section 494 of the Cede and the principle enunciated in the case of Bakshu Mia. 7. Mr. Khandker Mahbubuddin Ahmed, learned Couns......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133....... CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authori......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......t. 10. The learned Deputy Attorney-General drew our attention to a passage in the case of Parshotam Lal Dhingra Vs. Union of India PLD 1958 SC (India) 217 which runs thus: “Shortly put, the principle is that when a servant has right to a post or to a rank either under the terms of the conÂ......egal effect. 5. Leave was accordingly granted to consider whether the reversion of the respondent from the purely temporary post of Circle Officer (Revenue) to his parent post as District Kanungo amounts to reduction in rank and is violative of Article 135 of the Constitution. 6. The learned..Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. PaÂnama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......tachment under this rule. Movable properties casually broÂught within the Court’s jurisdiction should not ordinarily be attached, unless there are other compelling reasons to do so. Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes withi......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......e Judge dismissing the application for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Code of Civil Procedure acted on correct principle in the exÂercise of jurisdiction in disturbing the appellate court’s finding of fact th...... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123...Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman LabÂour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......n the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciated in the said decision on this question, can be invoked in the prese......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petiÂtion is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disÂposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......e was no omission in mentioning any material point either before the 1/0 or in the committing court and as such it cannot be said that the omissions pointed out by the defence are material omissions, amounting to contraÂdiction. Thus from the above discussion it is clear that although there some di..Category: Criminal Law | Date: | Hits: 39
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......s to only a portion of the land transferred should fail or should it fail in respect of the other lands transferred? In that case, would it not be a partial pre-emption which is conÂtrary to law and principle of pre-empÂtion? On the other hand, if it is held that land contiguous to the land transÂ......e made along with the application for pre-emption or within four months, the order of the learned Judges of the High Court Division allowing pre-preÂempted so pre-empt in full depositing the balance amount of the consideration within the specified time is in accordance with law. 5. For proper a..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ourt is not given nor did ever possess, unrestricted and undefined power to make any order, it might be pleased to consider, was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its expressed powers conferred under the statute. The High Court can ......rt Division interfered in this case purporting to exercise its inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge-sheet was submitted by the police, and amounts so practically quashing the charge-sheet, because step to the proceeding was taken. The High..Category: Criminal Law | Date: | Hits: 95
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