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Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....the ballot papers. 12. It appears that all election matters were dispatched in sealed packets by the presiding Officer on the same night following December 1983 immediately after the counting was completed, and that from that time the recounting was held, after about 9 month the respondent or th...... Recounting of the ballot papers by a Tribunal long after the election should ordinarily be resorted to simply on mere asking by an interested party. Ballot papers have special sanctify of their own and their secrecy should not be infringed by reopening the sealed packet unless the recounting becoÂ......ecounting by the Tribunal after a time gap of about 9 months, then the returned candidÂate could not be saddled with its responsibility and the rejection of these votes would be wholly illegal and improper Bui if those double marks were there from before, that is. Those markings had been made by th......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....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 .......A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. RahÂman J A. T. M Afzal J Md. Badrul Alam Chowdhury……………………….Appellants Vs. Md. Abdul Mannan and others……………………..Respondents Judgment January 19, 1984. The Union Paris......of votes has casts and since there was no tie the rest of the provision of sub rule (5) need not be considered. 6. It is distressing to note that the Courts bellow have not considered the rules in proper perspective in this case. In the case of member the Presiding Officer after counting will dec...... got power to reopen the ballot boxes and recounting the ballot papers provided sufficient fouÂndation has been laid to come to the finding that the recounting is indispensÂably necessary for adjudication of the election petition." 8. Bat in the facto of this case, collusion has been f..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265...... Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J A. T. M. Afzal J Abdul Hadi Bepari ................................Appellant Vs. Safaruddin Mondal and others.........Respondents Judgment March 12, 1986. The Code Civil Procure, 1908 (V of ......ecision in case of Shah Wall V. Ghulam Din, (1967) 19 DLR (SC) 143 and also Invoked section 148, Civil Procedure Code, in support of his argument that refusal of extÂension of time was illegal and improper in the circumstances of the case. 6. The contention of the learned Advocate that operation......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed withÂout, 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)
....Âcluding 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..............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The PrinÂting Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......sation from the District Magistrate Whether there had been any authorisation or not would be known only to the District Magistrate and the Additional District Magistrate. Furthermore, it would not be proper to expect that the public it large would raise the question of authorisation before the Addit......Âcluding 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
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ent and the Subordinate Judge has found that the evidence does not estabÂlish that is existed and that the hat was in existence in 1793, the case of Rakhal Das Addy vs. Durga Sundari Dasi would be a complete answer to the plaintiff's claim. In this part of India, there appeÂars to be no such thing......DLR (AD) (1986) 201. ......ation dated 11th April 1978 published in the Bangladesh Gazette on 20th April 1978, no right in relation to Salimabad hat can any longer be claimed by the appellants. These conÂsiderations apart, on proper inquiries GovernÂment arrived at the decision whose validity his been challenged before the ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
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. ......unim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J AKM Ruhul Amin.................Appellant (In Civil Appeal No. 51 of 1985 with Civil Petition No. 140 of 1985) Vs. District Judge and Appellate Election Tribunal, Bhola and others ...Respondents Abul Kalam Azad ……………â...... pending. Two voters invoked the writ jurisdiction of the High Court chalÂlenging the validity of the election. Question-arose whether in the presence of an equally efficacious remedy it would be proper for the High Court to entertain a writ petition. While observing that under the writ jurisd......iction of the High Court. Courts may also be subordinate to the High Court even qua matter which is not subject to the High Court's appellate power if these matters have been entrusÂted for adjudication to an admittedly subordinate Court as a Court and not to the presiding officer of su..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... is the question of Status of an individual. When that status is assailed by a posiÂtive case much higher decree of proof was necessary and the courts below unfortunately had overlooked this point completely. The trial court ought not to have allowed such evidence to be led in when mere verbal ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T......iff’s first cousin (Khalato sister) and Amir Ali was himself one of the witnesses of this marriÂage. Rent Receipt Ext. E series between 1953 to 1957 show that Khorshed rented a part of the wakf property from his father Amir Ali and he was shown as first son of Amir Ali. The most important doc...... 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)
....er preliminary of find. “The explanation adds; "A decree is preliminary when further proceedings have 10 be taken before the suit can be comÂpletely disposed of, It is final when such adjudication completely disposes of the suit. II may be partly preliminary and partly final." 11. Order 20 dea......te Division (Civil) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. RahÂman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others………………………â€......ion 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 liable to be amended by excluding the......question of law has been raised we allowed the learned AdÂvocate to address the Court folly as it was a case of first impression. 10. Section 2(2) defines decree means the formal expression of an adjudication which, so far as regards the Court exÂpressing it, conclusively determines the rights ..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...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......al Laud Revenue Sales Act (Act XI of 1859) upon the plaintiff and the recorded owners of the jute or even in the locality and kutchery of the Malgujar in the manner required by law, result being that properties worth Tk. 40.000/- were sold at a shockingly low price of Tk. 400/- DefÂendant-responden......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)
....stated in Mullah's Principles of Mohammadan Laws are: “352. Right of mother to custody of infant children. The mother is entitled to the custody (Hijanat) of her male child until he has completed the age of seven years and of her female child until she has attained puberty. The right......D 1954 Lah 704, Ali Akbar Vs. Most. Kaniz Maryam, (1956) 8 DLR Lah 43, Most. Sultana Begum Vs. Muhammad Shafi, (19,65) 17 DLR Kar 119 Mst. Munawar Jan Vs. Master Muhammad Afsar Khan, PLD 1962 Lah 142 and Rahimullah Chowdhury Vs. Mrs. Sayeda Helali Begum, (1968) 20 DLR 1 SC. Lawyers Involved: ...... medical and other expenses there. FurÂther, the boy being stricken with a critical disease as mentioned above is very much deÂpendent on her mother who alone can give him tender affection and take proper care, both medically, and otherwise. It was never true that the boy was ever maltreated by he......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
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......tion 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 landlord. Once a......it is shown that it has ceased…………….(10) If the heirs of the late tenant continue to stay on, but do not pay rent they shall not be permitted to say that the landlord has no title on the property and in case such heirs claiming title must first restore possession to the landlord. These ......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
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....operty 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 the Appellant and Respondent and su......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......resh agreement was executed by respondent No. 1 in favour of the firm on 2nd September 1968. During November 1971 the Managing Partner of tae appellant firm went on pilgriÂmage in Mecca after making proper arrangeÂment; for managing and operating the petrol pump; a special Power of Attorney as exe......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. ..Category: Business or Commercial Law | Date: | Hits: 118
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....of the share-holders who died on 1.10.73. His uncle Md. Yusufuddin Mia who was also share-holder in the company died on 17.11.73. The respondent alleged that since then the petitioner No. 2 has taken complete control of the management of the company and no dividend was paid to the heirs of late M. A......st 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under section 38, simultaneously in the same peti......n misrepresentation of the prospectus; where shares of company have issued at a discount; where there is no valid allotment of shares; where allotment is irregular; where transfer of share has been improperly regisÂteired or registration has been refused. WheÂre the Company put in the register mat...... 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. ..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....andidates namely, those who had participated in the election which have been maintained by the Tribunal. As in the instant case, election in Ward No. 3 shall be held as a matter of course in order to complete the process of election started on 28-12-83. In such an election a candidate, who already p......car, Advocate instructed by Wahidullah, Advocate-on-Record— For the Respondent No. 3. Not represented—For the Respondent Nos. 1-2 & 4. Civil Appeal No. 34 of 1985. From the Judgment and Order dated 4.3.85 passed by the High Court Division, Dhaka in writ petition No. 20 of 1985. ......hich has not been so implemenÂted. What I find in the language of sub-section (4) of section 29 is that under the unamended law, all decisions of the Tribunal, even if they were illegal or grossly improper, remained immune from any challenge and that in order to enable a person aggrieved by such de......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...Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
.... the property and if any taxes have been paid that must be adjustable against the arrears of rent to the previous owner. The argument is fallacious. Section 109 of the Transfer of Property Act is the complete answer. 16. Section 109 provides for the rights of the lessor's transferee and it says "......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and......d rules 12 - 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 plai....... 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. ..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. ......rder as to costs. Ed. ......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 permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on th......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. ..Category: Property Law | Date: | Hits: 37
Commissioner of InÂcome tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......with out any order as to costs. Ed. ......t to the respondent’s contention, touching the question of validity of the order, except that he remanded the case to the income-tax Officer directing issuance of a fresh order "showing correct and proper calculation of the additional tax due from the assessee." Thereafter, upon fresh calculation ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
.... done against the plaintiff. The Supreme Court of India came to the conÂclusion that there was no breach of any Rule in regard to the plaintiff and that since the High Court, having been vested with complete conÂtrol over the Subordinate Courts under Article 235 of the Indian Constitution, had sol......esent: A. M. Sayem CJ A. B. Mahmud Husain J M. A. Jabir J Ahsanuddin Choudhury J Governor, Bangladesh Bank & others…......Appellant (In all the Appeals). Vs. Shamsul Huda Khan and another……………..ResponÂdents (In C.A. No. 26 of 1974). And Mozammel Huq Khan and ......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: ......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
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....uction is possible; See in this connection the observation of Wynes in his "Legislative, Executive and JuÂdicial Powers in Australia", Fourth Edition, page 28. This observation, with which we are in complete agreement is based on Cooley pp. 154-155, Black's "Interpretation", pp. 21-22 Halsbury’s ......t Appellate Division (Civil) Present: AM Sayem CJ ABM Husain J MA Jabir J Ahsanuddin Choudhury J Osman Gani Mondal……………….....Petitioner Vs. Mainuddin Ahmed and others…......Respondents Judgment April 26, 1974. Result: The petition is dismiss......orates the Transitional and Temporary Provisions) but the litigant's right thereto beÂcame extinct on the expiry of the period of ninety days from the commencement of the ConstiÂtution. 5. For a proper appreciation of the subÂmissions of the learned Additional Attorney-General, it will be nece......d by the learned Additional Attorney-General thus sucÂceeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....sion Bench of the High Court of East Pakistan in Ratish Chandra Vs. Kara Krishna Goldar (15 D.L.R. 634) in support of the proposition that if the agreement for reconveyance was a completed contract, then in the absence of anything contained in the agreement indicating a persona...... ...... respect of the self-same land purporting to be of sale in favour of Shahar Ali, who also died during the pendency of the second appeal, for a consideration of Rs. 2000/- reciting therein that the property had already been transferred to the defendant Haji Abdur Rahman for a sum of Rs. 700/- sub......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
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