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Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....d by the High Court Division under section 426, Cr.P.C. to the accused-appellant making it conditional on payment of his fine is sustainable in law. The impugned order of the High Court Division is dated 5 April 1988 made in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicte......at the court in its discretion may grant or refuse bail and also may stay realisation of the fine. But he contends that attaching any condition to bail is not permitted by law. He has referred to a decision of the Pakistan Supreme Court in an unreported case, Criminal Appeal No. 9-D of 1969, in wh..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....e with him, instructed by Md. Altab Hossain, Advocate-on-Record—For the respondent No. 2. Civil Appeal No. 6 of 1988 Judgement: A.T.M. Afzal J. — This appeal by leave is from an order dated 27 October, 1987 passed by a Division Bench of the High Court Division, Dhaka rejecting th......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..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
..... 66 of 1978-79 is collusive and void has been dismissed on correct appreciation of law and fact involved therein. The order impugned is the order of a learned Single Judge of the High Court Division dated 8 August 1985 in Civil Revision No. 147 of 1984 (Comilla). 2. The suit, T. S. No. No. 301 o......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....e Code of Civil Procedure which was rejected by the Learned Munsif on 9.1.85. This order has been upheld in revision by a single judge of the High Court Division, Sylhet Bench by the impugned order dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the d......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two appeals by special leave, at the instance of the plaintiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decree date......wever, contended that a judgment, whether inter parts or not, may be conclusive evidence against all persons of its own existence, date and legal effect, as distinguished from the accuracy of the decision rendered. In support of this contention he has referred to a number of decisions including ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....nt No. 3). Ahad Ali died without any issue but before his death he had given 96-1/2 decimals of his share to plaintiff No. 1, Maharram Ali, who is son of plaintiff No. 2 Eksad Ali, by a Heba-bil-Ewaz dated 28 January 1966; at the same time Ahad Ali gave his remaining share, 65-1/2 decimals, to defen......tly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the order of the High Court Division be set-aside and of..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......of 1978. Both were disposed of by the same judgment. The only contention that was made before the High Court Division was that the learned Additional District Judge acted illegally in reversing the decision of the learned Munsif without discussing evidence adduced by the respective parties. The Hi..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ent of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers for the conduct of election, and powers and duties of such officers; (b) the nomination of candidates, objections to nominations and scrutiny of nominations; (c) the deposits to be made by ......ther Election Tribunal either of its own motion or on an application made in this behalf by any of the parties (section 28). Section 29 provides the procedure for trial of election petition and the decision of the Election Tribunal on an election petition shall be final. An Appeal has been provide..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by h......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..Category: Employment/Service Law | Date: | Hits: 103
....ocate-on-Record— For Respondent Nos. 1-3.
Not represented. —Respondent Nos. 4-3 & 10-11.
Civil Appeal No. 3 of 1988
Judgement
Badrul Haider Chowdhury J. — Appellant was a candidate for election to the office of Chairman of Borashi Union Parishad in the district of Gopalganj w......bers if they exceed their powers". The author further observed: "there is not much consolation here to a minority which hopes to sec its rights protected by a Constitution." Therefore, the judicial decision becomes unavoidable and the author makes his reservation by saying "the success of judici..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....t moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly approved in a general meeting of the creditors. The Court sanctioned the Scheme of Arrangement by an order dated 4th August, 1950 and allowed the moratorium in terms of the Scheme of Arrangement, but the ban......3 was impleaded; this right which was extinguished could not be revived by subsequent change of law providing for a longer period of limitation. Mr. Chowdhury has placed reliance upon a number of decisions in support of this proposition of law, such as AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad,..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....—For the Respondent No. 1. Ex-Parte—Respondent No. 2. Civil Appeal No. 18 of 1985. Judgement ATM Afzal J. — This is a defendant's appeal following leave and arising out of Judgment dated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second ......Division can interfere under section 100 of the C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is no..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment and order dated 27.10.83 passed by the High Court Division in Criminal Appeal No. 307 of 1983.) ......le under section 36 (3) of the I.R.O. 9. M.L.O.19 may be considered. It was promulgated on 25th May, 1982. Paragraph 2 provides— "Any person aggrieved by any decision other than an award of a Labour Court, delivered before or after the commencement of..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....2, 867 and 869 and half of C.S. No. 797 and whole of other plots appertaining to jama of Rs. 7/- belonged to Ichhamoyee Dashi who sold the same to Abdul Mannan and pro-forma defendant No. 6 by kabala dated 28.2.36 in equal shares. Abdul Mannan sold his entire interest i.e. -/8/- annas share of the j......cree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.) Clause 9 was amended in 1929 following a decision of Privy Council in Hemendra Kumari vs. Middnapur Zamindary, A.I.R. 1919 P.C. 79. After th..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
..... W. Mian, Advocate-on-Record- For the appellant. Shahabuddin Ahmed, Advocate-on-Record— For the respondent. Civil Appeal No. 49 of 1983. (From the Judgment and Order dated 10 August 1981 passed by the High Court Division in F.M.A. No, 142 of 1974). Judgment......r as no court can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was further observed by the learned Judges that "no decision is called for on the other point raised by him (respondent's Counsel) with regard to the ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... Chaklader, Advocate-on-Record—For the appellants. B.N. Chowdhury, Advocate instructed by Kazi Ebadul Hague, Advocate-on-Record. Civil Appeal No. 2 of 1983. (From the Judgment and Order dated March 25, 1982 passed by the High Court Division, Dhaka in F.A. No. 55 of 1978.) Judgment ...... time is made the essence of the contract it must be performed within the time stipulated in the contract failing which the Court will not grant specific performance of the contract, he cited a few decisions. Before considering the decisions, it would be better to have a look at the conditions emb..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....nd by what is provided in the contract itself but the matter of 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 cla......payment of the loan or before proceeding to execute the decree for its repayment the creditor may seek to proceed against the guarantors or execute the decree against them. Reliance was placed on the decision of Indian Supreme Court in the Bank of Hibar Ltd. Vs. Damodar Prasad, AIR 1969 SC 7, 97. Fo..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....r Advocate and M.A. Wahab Miah, Advocates with them) instructed by Sharifuddin Chaklader, Advocate-on-Record- For the Respondent. Civil Appeal No. 112 of 1983. (From the judgment and decree dated 23rd January, 1983 passed by the High Court Division Dhaka 10 First Appeal No. 94 of 1979.) ......vision took the view that registered deed is necessary for conveying the share. We have examined this point and it will be sufficient to mention that the view cannot be upheld. 13. In view of the decision in Narayanappa Vs. Bhaskara Krishnappa AIR 1966 (SC) 1300, which has disapproved the view t..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....llant. S.M. Hossain, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent. Civil Appeal No. 103 of 1983. From the judgment and order dated the 9th December, 1982 passed by the High Court Division, Dhaka Bench in Apportion No. 1......s not being a portion of the total income cannot claim for exemption inasmuch section 15C postulates that the investment must be made by the assessee himself out of his own volition and independent decision whereas the investment in bonus share in question made by the Company is not such as inve..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.... A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate-on-Record —For Respondent Nos. 6-8. Civil Appeal No. 3 of 1983. (Form the Judgment and Decree dated 11 8.82 passed by the High Court Division, in First Appeal No. 32 of 1978.) Judgment ......e law of part performance as contained in section 53A of the Transfer of Property Act. 4. Mr. M. H. Khondker, Counsel for the plaintiff-appellants, while challenging the correctness of the decision of the High Court Division and also that of the trial court concentrated his efforts ..Category: Property Law | Date: | Hits: 36
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