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Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......committed an error of law in declaring that the impugned Annexure E and F of the Writ Petition were issued without any lawful authority. The learned Advocate lastly submitted that it is a settled principle of law that the High Court Division should be very slow to exercise its extraordinary ......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......ny relief; and (iii) whether the courts below were entitled to extend the time for deposit and save the suit from the mischief of the default clause. 9. To begin with, it is an established principle of law and practice that a party should not be heard on a ground on which leave was not g......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......spondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. ..Category: Property Law | Date: | Hits: 57
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......ded by Parliament each year by either the Finance Act or by any other law. The power to change the rate of duty is an exclusive power and preserve of the Parliament and this is an illustration of the principle that the power of taxation is that of the Parliament. This power under section 18 is not d...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ...... orders of suspension and cancellation of the licence, dated respectively 15-9-93 and 26-2-94 (Annexure-“C” and “H” respectively to the writ petition) mainly on the ground of violation of the principle of natural justice in that there was no show cause at all in the first case and there was ......y the Government under the provision of the Emigration Ordinance, 1982 (Ordinance No. XXIX of 1982), briefly, the Ordinance since 24-12-84. The respondent has deposited with the Government a security amounting to Taka 5 lakh. The respondent recruited 223 workers for Al-Nuri Establishment Company of ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ...... Bank acts in terms of the policy guidelines settled by the Appellate Tribunal whose judgment has been confirmed by the Appellate Division in Atiqullah case. 11. As an exposition of a lofty principle, the argument is attractive but both the Tribunals below and this Division has the duty t...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......ant is found to be a defaulter, his possession cannot e said to be wrongful or that of a trespasser in order to make him liable for mesne profits. Mr. Karim submits that even if it was realizable the amount allowed was not in accordance with law. It is difficult to agree with the first part of Mr. K..Category: Tenancy Law | Date: | Hits: 70
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ...... for, the Artha Rin Adalat Act specifically provides for only two remedies against an ex parte decree. It is either by an application or by an appeal; but in both the cases deposit of 50% of decretal amount is necessary. To avoid this deposit, it appears, the petitioner has sought a short-cut by inv..Category: Civil Law | Date: | Hits: 120
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......romoted to the posts of Appraisers in the years in which the promotion quota was to be filled up because there is provision for both direct recruitment and recruitment by Promotion. The established principle is that the quota of promotion is to be filled up first and then the case of direct recr......own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......A plaintiff is entitled to nominal damages for trespass; even if no damage or loss is caused; if damages or loss is caused, he is entitled to recover in respect of his loss according to general principles.” (Vol. 12, p. 460). 12. Secondly, the plaintiff may claim “real ...... Kheya, but there is no averment to that effect in the plaint itself, although the suit was filed on 5-5-86. 6. The trial Court by judgment and decree dated 20-9-90 decreed the suit for an amount of Taka 88, 78,800.00. The basis for the plaintiff’s claim of compensation @ Taka 22,2..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ering with the findings of fact made by the Court of Settlement as if sitting on a over the same and, as such, the impugned judgment is liable to be set aside. (ii) An important question of principle involved in the case because of the manner in which the High Court Division exercised its...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......rder and grievous hurt passed by a Division Bench of the High Court Division by the impugned judgment and order dated 13 August, 1995 in Criminal Appeal No. 258 of 1992, some important questions of principle relating to disposal of a criminal appeal have been raised on behalf of the State-appell......inions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: 17. ‘A Hand Book of..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......he overdraft was to be released upon performance of certain conditions. But the petitioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged ..Category: Anti-Corruption Laws | Date: | Hits: 75
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......sued at the instance of the respondents.
3. The High Court Division by the impugned judgment and order dated 9 May 1994 observed that the impugned actions of the petitioners were violative of the principle of natural justice inasmuch as the respondents were not given any opportunity to show caus......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
..
Category: Others | Date: | Hits: 128
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......irst Appeal No. 835 of 1991 therefrom to the High Court Division. A Division Bench of the said Court by judgment and decree dated 19 May 1993 allowed the appeal and decreed the suit in part for an amount of Taka 2,34,00.00 (Two lakh thirty four thousand) only and also awarded a compensation @ Ta..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......ing which we ourselves found above. 14. The learned Attorney-General in a bid to supplement the arguments of Mr. Huq, criticized the impugned judgment saying that it lacked proper adherence to the principles as are required to be followed in such matters and further a proper appreciation of the f......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ecree to the officer in whose office the instrument has been so registered; and such officer shall note on the copy of the instrument contained in his books the fact of its cancellation.” 9. The principles underlying the distinction between a void document and a voidable document and their appl...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......vance of the appellants that the High Court Division committed an error of law in reassessing the evidence as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is ......nce made by the courts below to evidence as to subsequent darbar for extension of time was not justified inasmuch as if the demand for reconveyance within the stipulated time was not proved, no amount of darbar could bring back the plaintiffs claim for reconveyance to life. Thus I am of the ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......ct Judge, Tangail under article 27 of the Bangladesh House Building Finance Corporation Order, 1973 (President’s Order No. 7 of 1973) for the reliefs mentioned therein in respect of the amounts due from the borrower-respondents. When the said applications were pending the Artha Rin Ad..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ...... justify an order of remand in the name of ends of justice when the order itself defeats justice. Ends of justice can never be the caprice or sweet will of a court. The court must proceed on sound principles. Benjamin Cardozo’s famous words in The Nature of the Judicial Process, Yale Unive......ed without any order as to cost and the impugned judgment and order of the High Court Division are set aside. The judgment and decree of the trial Court be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in:&nb..Category: Property Law | Date: | Hits: 82
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