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....��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
......presence of the appellant. At the very least he ought to have been given a show cause notice against the enquiry report before the order was passed. "No one should be condemned unheard," is a settled principle of law which is embodied in the maxim audi alteram partem. the authorities in the present ......��B’ to the writ petition) has been passed without lawful authority and is of no legal effect. There will be no order as to costs
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 170.
..
Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......of them were entitled to notices before supersession. Finally it was observed: "In this view of the matter as no notice was served upon the elected Commissioners it is clear violation of the principle of natural justice, as such it is not in accordance with law and it is passed without ...... through the elected commissioners and the Chairman is also an elected commissioner under section 6(4). On facts, ground was not laid for the exercise of power under section 135 and such exercise tantamount to colourable exercise of power. The High Court Division has correctly declared the impugned ..Category: Election Law | Date: | Hits: 118
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
....re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ......the Partition Act which is to preserve the integrity of the family dwelling house and to enable the members of the family to keep it for themselves as far as possible." 9. This is a well settled principle of law which has been grounded on the decision given in Nilkamal. V. Kamakshya Charan A. I......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a 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) 116. ......n formed the law takes effect from 28.2.72 the day President's Order No. 16 of 1972 was promulgated. The Government is to form its opinion on the events as they stood on 28.2.72." 16. Applying the principles it should have been enough to dispose of the appeal by affirming the High Court Division'......xpressing her surprise how "Lismore Court," the property of her son, a British national, who had been residing in U.K. since 1952, could be taken over as an abandoned property. She asked for the full amount of rent that was deposited with the Government. On 15th December, 1977 Mr. Rizvi, the res..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......s something in writing, which is not the case here. Moreover, defendant-appellants tried to establish the so called contract by referring to the practice of the parties of payment of rent in lump-sum amount and the acceptance of the one by the landlord at a time. It has been pointed by the responden..Category: Tenancy Law | Date: | Hits: 112
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 ......en made to two decisions of this Court, namely, Ramjan Ali Mistry V. Md. Hedayetullh,(1979) 31 DLR 183 AD Profulla Kumar Chakraborty V. Anil Proshad Chowdhury, (1981) 33 DLR 55 AD which laid down the principle that the default made by a tenant in paying rent within time mentioned in section 18 canno......18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount to waiver so as to entitle him to the protection against the consequence of default, that is,..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
....e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......aintiffs date of dispossession by the appellate court and the latter's finding that the defendants dispossessed the plaintiff from the suit land later, at the end of 30th Chaitra, 1359 B.S. would not amount to making out a new case by the appellate court. 13. In the facts and circumstances of the..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149.......fter the execution of the bainapatra dated 30.12.1972. Whereas the plaintiff claimed by a document dated 8.7.1974 and the suit was brought in 1976. Incidentally the question was raised whether on the principle of section 53A of the Transfer of Property Act the defendant is protected. 6. Dr. Kamal......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......k Ahmed vs. Abdul Kader 38 DLR (AD) 18 this Court took the view that the quashing of the proceeding by the High Court Division was wrong and it was observed: "Keeping in view the well-settled principle we have no hesitation in saying that the quashing of the proceeding in this case was ill......in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......ht to purchase the vessel. This right is, in legal terminology, called "inchoate right" which may be protected by an injunction. In support of this contention the learned advocate has referred to the principle of law enunciated by this Court in the cases of M/s. H. Ahmed Vs. M/s. H.D. H. Bros, 32 DL......urs of 18 December 1986. It was further stated in the letter that in case the cash offer "becomes higher than the earlier credit offer" the required earnest money at the rate of 2.50% for the 'excess amount' shall also have to be submitted along with the cash offer.
4. The appellant by letter dat..
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 ......d been served with such notice on 28.3.85. The learned Counsel contended that the impugned order modifying the order of de-requisition was illegal, inasmuch as the same was issued in violation of the principle of natural justice. 7. The learned Counsel placed before the court the notice in "Form ......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 ..Category: Property Law | Date: | Hits: 49
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......arak. 12. We regret to say that the learned Judges of the High Court Division accepted the evidence of P.Ws. 1,2 and 4 just as they have narrated a story without scrutinizing at all upon a correct principle of assessment of evidence in a criminal case whether the testimony of the said witnesses w......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ame form as the opening words of section 7 of the Act of 1939. In Re Munster, Russel J. explained the expression and said (1920) Ch. 278: "In my judgment the Act of 1914 does not depart from these principles or involve confiscation. Under its provisions, the enemy is deprived of beneficial owners......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
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. ......as otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it refers to an interest independent of any contract. The principle of 'ejusdem generis,' origin from or belonging to same class, learned Counsel contends is ......work is false and the letter, Annexure-D, is antedated, for if the work had been completed by 25.4.85, why no bill was submitted then but was submitted after one month, on 23.5.85 (Annexure-H) for an amount of Tk.76,000/- and odd that is, after the election itself was held. Learned Additional Attorn..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......t and to vacate the premises. The defendant received the notice on 12.3.77 but did not vacate. Hence the suit. 4. Defendant contested the suit on many grounds and challenge was given mainly on the principles of estoppel, waiver and acquiescence, the sum and substance of the defendant's case was t......ting receipt for the rent took care in giving such receipt month-wise. It was contended that though there has been lump sum payments and receipts the plaintiff-respondent never accepted such lump sum amounts by granting one receipt. Receipts issued by the landlord show that they were issued month wi..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......nterfered with in second appeal. In explaining the scope of section 100 C.P.C. this court in the case of Erfan Ali Vs. Joynal Abedin 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 n......of appeal 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 jurisdi..Category: Property Law | Date: | Hits: 44
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: ...... is not inconsistent with Schedule I of 1981. As such it must be acted upon unless it is found that it has been repealed by necessary implication. Mr. Asrarul Hossain has not specifically invoked the principle of repeal by implication, but when he contends that section 35A has been rendered inoper......n of Schedule I of 1981 for Schedule I of 1960 of the said Act. In other words, whether the High Court Division has correctly construed the statute holding that section 35A, which provides for higher amount of Court-fee than the maximum limit fixed in the Schedule, is very much in force and has not ..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. ...... be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Civil Procedure Code. It merely laid emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time lim......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. ..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. ......e contention as to bonafide dispute. The learned Counsel has also pointed out that the appellants filed the Title Suit after receiving the notice of the winding-up application. 7. The principle of law as to admission of a winding-up application is that mere filing of an application ......wo cheques to make out a false claim of loan; no money was received from the respondent in respect of these two cheques. The company and the managing director further explained that Receipt of the amount of Tk. 35 lacs (Ext. C.) was typed by the bank manager on the letter-pad containing the mana..Category: Business or Commercial Law | Date: | Hits: 76
The State Vs. Fazal and others, 1987, 16 CLC (AD)
....rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ......w In the instant case contention of the appellant is that the acquittal has resulted from perverse finding of fact in utter disregard to the evidence on record. I am also quite aware of the general principle enunciated by the Privy Council in the case reported in AIR 1917 PC 25, as referred......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
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