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Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....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......, Sadar, Sylhet. They prayed for stay of execution of the decree by filing an application under section 151 of the 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 ......id terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......mudul Islam, learned Advocate, does not dispute this proposition and, therefore, prays that some more time may be allowed to the appellants so that they can try and get their suit disposed of. 6. None appeared on behalf of the respondents to oppose this appeal. They did not appear, it seems, ever..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, 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. ......dgment which is before us for consideration whether it is admissible under sections 13 and 43 of the Evidence Act and may be considered as evidence of the alleged amicable partition. 7. Judgments, orders or decrees are relevant under ss. 40,41,42,43 and 44 of the Evidence Act. "Relevant" means an......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......aider Chowdhury J Shahabuddin Ahmed J MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others..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 ......e 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 the trial court and the Appellate court be rest......rt is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......possession. This question was rightly 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 ..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 ......it is liable to be dismissed for such reason. Precisely that was done by the High 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 ......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......s not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyment of the pathway claimi..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......ion controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalled……….(5) Lawyers Invol......is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......e question whether the High Court Division was correct in making the Rule absolute in the writ petition, when on its own showing certain disputed question of fact has been raised. 2. The petitioner and respondent No. 10, along with others, contested the election which was held on 10th Februar..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ited having regard to the territorial unity and, so far as practicable, to distribution of population and administrative convenience. Then after hearing objection the delimitation Officer shall publish the final list of wards which will be published in the Official Gazette by the Sub-Divisiona......cretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of resul...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......……….Appellant (In Civil Appeal No. 2 of 1989) Vs. Md. Shamsuddin & others..................Respondents (In Civil Appeal No. 2 of 1989) Md. Shamsuddin..........................Petitioner (In Civil Petition No. 23 of 1989) Vs. The Election Commission of Bangladesh & othe..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division 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......ngineer, 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 his office order dated 16th May, 1977 discharged the plaintiff from service with effect from 21st June, 1975 (v......s order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......1.58. At the relevant time he was working under defendant No.4, the Sub divisional Engineer (Assistant Engineer), P.H.E. Barisal Sadar (North). He filed an application for leave on medical ground for one month with effect from 21st June, 1975. The leave was sanctioned by the Assistant Engineer and t..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......n 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preserva......ere will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......imes or for such period as he think necessary for preservation of public peace. However he cannot close down such a shop for indefinite period. It should not only be the concern of the Deputy Commissioner but of the appellant as well to see that a liquor shop is run at such a place which may not be ..Category: Others | Date: | Hits: 125
....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
......ion 7(2) (g) of the Union Parishad Ordinance which was inserted by Act 33 of 1987. His appeal was dismissed by the Upazilla Nirbahi-Officer. Then he moved Writ Petition No. 26 of 1988 challenging the order of the Returning Officer. The High Court dismissed the writ petition.
2. Leave was granted ......
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... a statute gives rise to an absurd and unjust situation, the judges can and should use their good sense to remedy it by reading words in, if necessary- so as to do what parliament would have done, had they had the situation in mind." (The discipline of Law P. 16).
11. In U.S.A. it is th..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... 58 of 1979 I was decreed by the S.C.C. Judge (Sub-Judge, 3rd Court) Dhaka and on revision by the appellant a Single Bench of the High Court Division, Dhaka confirmed the said decree by judgement and order dated 17 March 1987 in Civil Revision No. 568 of 1985. 3. At the time of granting leave se......, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......he time of granting leave several question were raised on behalf of the appellant but at the 1 hearing of the appeal Mr.T.H. Khan, learned counsel for the appellant, confined his submission to 1 only one point i.e. whether the trial court and the High Court Division were correct in holding that ther..Category: Others | Date: | Hits: 96
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......te-on-Record—For the Respondent No. 1. Ex-parte— Respondent No. 2 Civil Appeal No. 8 of 1987. Judgement A.T.M. Afzal J. — This is a defendant's appeal, by leave, from judgment and order dated September 25, 1986 passed by a Single Judge of the High Court Division, (Rangpur Sessi......s allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......r of injunction on the ground, inter alia, that the balance of convenience and inconvenience is in favour of the appellant, namely, the Sericulture Board and that the plaintiff can be compensated by money in the event of his success in the suit. In the impugned judgment the learned Judge of the High..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...... sought 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 t......g void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......tors the bank closed its business and sought 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 term..Category: Banking Law | Date: | Hits: 103
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......enced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentenced to one year's rigorous imprisonment. The High Court Division upheld the order of conviction and sentence with regard to the present appellant under section 302 but acquitte......This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentenced to one year's rigorous imprisonment. The High Court Division upheld the order of conviction and sente..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 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. ......ition of P.W. 1 "on hearing from defendant No. 3 of removal Shed No. 5 we enquired about the removal charges and......” We deposited the removal charges and again obtained delivery order for the alleged quantity of 14867 bags and out of it we were delivered 9300 and the remaining......e is also Reported in: 37 DLR (AD) (1985) 47. ......rt landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Port Authority mentioned about the storage of 3337 bags of cement in shed No. 5, nor is there any evidence to prove th..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....t, therefore, this appeal is allowed and it "is remanded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......ocate 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.) ......ded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ...... dated 17.3.81 being clauses 1 (chha) 2 (gha), 3 (Kha), 4 (Gha), 5 (Kha) and 7 (Ka) of the said agreement for payment of Eid Ex-gratia equivalent to two months’ wages since 1982 for supply of one pair of shoes and one set of warm cloths in addition to uniform for introduction of Benevolent ..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......ate-on-Record—For the Respondent No. 1. Civil Appeal No. 147 of 1983. Judgment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e......ther.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of comp......o 1/3rd and 2/3rd between the parties and the plaintiff will gel 1/3rd and defendant will get 2/3rd of the dags in the suit. The learned Single Judge on the other hand held that the Solenama mentioned the expression “নালিশী জমি” (land in the suit) which means the lands were..Category: Property Law | Date: | Hits: 49
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. ...... suit claiming that the award is not liable to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Division challenging the judgment and order of the trial Court. The learned Judges of the High Court Division allowed the appeal holding ......Reported in: 37 DLR (AD) (1985) 27. ......on agreement, particularly the respondent, it appears that no objection was raised by either of the parties to the arbitration proceeding that the award could not be passed as the period mentioned in Article (3) had already expired, nor did the respondent inform the Arbitrator that he would..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & 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. ......of the Limitation Act, the delay caused a material alteration in the value of the property because it led the tenants to hope that the lease would never be given and to agree to pay enhanced rent in order to prevent it from ever being given. Facts here are distinguishable from those in the case ......cific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary to find whose failure to carry out his obligations...... of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary to find whose failure to carry out his obligations within the time mentioned in the contract the same could not be performed……….(13) In a suit for specific perform..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 suit to the date of judgment, the High Court Division held that as the award of interest fell within the discretion of the Court which was duly exercised by it, no interference was called for The order of interest at the rate of 12% during the pendency of the suit and until realisation did not s......to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......y by somebody by force or it had parted with its possession under compulsion……(53) The guarantor is not only responsible for repayment of the loan his liability to repay need not even be postponed till the principal debtor fails to repay the loan. From the priority point of view in repaying ..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. ......ussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. Civil Appeal No. 75 of 1983. (From the judgment and order dated 24-8-1982 passed by the High Court Division Dhaka in Civil Revision No. 682 of 1982.) ......) (1984) 282. ......Nurullah is whether the High Court Division was itself right in saying so and in holding that the principle laid down by the case of the New Dhaka Industries Ltd. applied incase of the petitioner without any finding as to whether the company concerned retained its independent and corpor..Category: Employment/Service Law | Date: | Hits: 92
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