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Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-existent, irrelevant or bad then the decision becomes unsustainable on the principle that it is not known to what extent the bad ground influenced the forming of the decisionâ......rovisions and practice. An impression was sought to be given that the selection board was constituted by the GovÂernment and any meeting there of without the repreÂsentative of the Government would amount to a vioÂlation of Government direction. Bui it will be seen (vide Anx. 'C lo affidavit-in-o..Category: Employment/Service Law | Date: | Hits: 89
Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continÂue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......dent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will co......appeal which was admitted for hearing by the High Court Division. He prayed for bail pending disposal of the appeal; the learned Judges granted him bail on the condition that he should pay the entire amount of the fine in four instalments within the time specified in the Border of bail and warned th..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109.......M. Afzal J Abdul Jalil.................Petitioner Vs. Bangladesh House BuilÂding Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC a..Category: Property Law | Date: | Hits: 30
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......not be taken subsequently and certainly not in appeal." 15. Mr. Ranadhir Sen hardly finds anything to disÂpute this proposition of law as to admissibility of a document, but he contends that this principle is not applicable to the case of a document which is per se inadmissible and that in the i......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......ants as prayed for by the plaintiffs. 6. Mr. T.H. Khan has contended that the facts of "Robert Watson & Co. v. Ram Chand Dutta" are quite distinguishable from that of the instant case and that the principle laid down in that case has been misconceived by the learned Single Judge. The learned Coun......tenants-in-common, inter se, to cultivate or to restrain the cultivation of the land. Both the trial Court and the appellate Court, namely the High Court, on a finding that the acts of the defendants amounted to actual ouster of the plainÂtiff, decreed the suit allowing the plaintiff s prayer for j..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into such controversy. (ii) Under rule 70 rea......has been passed in the process of the elecÂtion including the countermanding of the earlier poll". But the court pointed out writ petition challengÂing the cancellation coupled with re-poll "amounts to calling in question a step in 'election' and is therefore barred by Article 329(b)". P.K...Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64...... due for two reasons. Firstly, because a Government servant cannot without the permission of Government serve any other master or engage in any other business and secÂondly, because on general principles too, a perÂson cannot be allowed to reap a double advanÂtage." 8. The appointin......to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after his discharge was found to be illegal but the amount earned by him by way of salary from the employment or as profit from business in which he was..Category: Employment/Service Law | Date: | Hits: 103
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......pends as much upon a well-drafted Constitution as upon the caliber of the judge themselves'. (p-177).
12. While our Constitution recognises the suÂpremacy of the Constitution, it lays fundamental principles of the State policy in Part-II although the principles cannot be judicially enforced. In ......g members of Parliament away from its ambit. Learned Counsel has argued that persons, such as the appellant, seeking election to the lowest tier of the democratic set-up ordinarily take loan in small amounts, whereas persons seeking election to National Parliament lake loans in big amounts upto cror..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......om the ad-hoc promoted post of deputy secretary. Reversion to the original post is not necessarily always penal. A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has be......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......f the decree. 4. Defendants 1 and 2 contested the suit by filÂing a joint written statement denying the allegations of fraud and collusion. They contended that the suit was barred by limitation, principles of waiver, estopÂpel and acquiescence, res judicata and non joinder of parties. It was c......s alleged that this plot was not included in the sale-certificate, no attempt was made by the Bank's officials to ascertain its position by relay and measÂurement. Defendants failed to show that the amount of Rs. 21, 0007/- being premium of the lease though entered in the Register, was in fact cred..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......t be interfered with in second appeal. In explaining the scope of section 100 C.P.C this court in the case of Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 342 observed that in every case the general principle to be followed is that a finding of fact arrived at by the court of first appeal shall not...... of apÂpeal below and this being a basic document of title sought to be used by the defendant a finding arrived at by a non-consideration and misconstruction or misreading of the said document would amount to a question of law which need to be interfered with by this court in its appellate jurisdic..Category: Property Law | Date: | Hits: 46
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ......rrier, defendant No. 4, and Trustees of the Port of Chittagong defendant No. 4. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 47. ...... In the result, the appeal is allowed. Decree of the High Court Division is modified. Both defendant Nos. 1 and 4 that is, Carrier and Trustees of the Port of Chittagong will pay the decretal amount to the plaintiff-appellant in the following terms: Carrier, defendant No. 1, is to ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......ayment. (4) The Arbitrator passed the award on the basis of departmental recommendation and did not take any evidence. (5) The award was passed in violation of the principle of natural justice." 5. Appellant contested the suit claimin......e. Respondent claimed Tk. 94,521.39 from the appellant on account of (a) Demurrage, (b) carrying (c) security deposit and (d) interest on security money. On the refusal of the appellant to pay the amount claimed by the respondent he referred the matter to the sole Arbitrator namely, the Secretar..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur RahÂman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......t is not bound to grant such relief merely because it is lawful to do so. Specific performance of contract is not to be granted as a matter of course". 12. Mr. Khondker urged us to consider these principles for refusing to grant relief to the plaintiff-respondent. Facts of that case show that co...... they would execute and register .the sale deed. It was furÂther agreed that if the plaintiff failed to do so-the earnest money would be forfeited but if the defendants refused to accept the balance amount and failed to execute and register the sale deed within the aforesaid period the plaiÂntiff ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ...... the Bank clearly shows that was the way in which interest was computed and charged in their account with the Bank. The defendants never, until after the 1st August, 1914, raised any objection to the principle of charging compound interest or to compound interest being charged by the Bank on their o......awarding interest is within the complete discretion of the Court…….(64) The Court has been empowered to grant interest from the date of the suit to the date of the decree and then on the full amount which includes the amount claimed on the date of the suit and the interest thereon granted by..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ...... nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of law. So no interference is warranted………………&he......ad recorded such a finding. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 282. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......perty, it shall to be treated as between the parties...as personal or movable and not real or heritable estate." Commenting thereon Lindley in his "PartÂnership" stated as follows: "From the principle that a share of a partner is nothing more than his proporÂtion of the penmanship assets a......uction of a building on the said plot the business was shifted therein and the plaintiff and defendant had been jointly possessing the suit property; that the defendant had been trying to raise a big amount of cash by mortgaging the suit property for his own benefit and on coming to know of the same..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......h would entitle the assessee to exemption under section 15 (c)(1) of the Income Tax Act. Mr. A. M. Mahmudur Rahman, learned Counsel appearing for the Revenue contended that the amount invested in the bonus share is the income of the Company and this is not being a portion of..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......t to a plaintiff. It was held that such a suit could not be said to be not maintainable on the ground that the benefit of section 53A was not available to the plaintiff. 14. The principle laid down in this case is also not available to the plaintiff-appellants as the suit was ......nts entered into an agreement with the owner is the Bepari for selling title suit premises to them at a price of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......nge of the properties of the defendants or in consideration of the compounding of some non-compoundable criminal cases". The learned Judge kept in view the well-settled principle that it is against the public policy to make a trade of felony or compromise an offe...... bear the registration cost. The second party Rostom Ali after keeping 1 Bigha and 2 kathas of land from 7 Bighas of land which he registered from Hazi Mohon and Abdul Huq, will register the total amount of land to Sahajuddin. Sahajuddin will bear the registration cost. It is mentioned th..Category: Property Law | Date: | Hits: 42
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