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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. ......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......s well as against the rest of the world, that is, it is a judgment in rem as distinguished from a judgment in personam. Under section 42 a judgment is relevant if it relates to any matter of public nature but it is not a conclusive proof of the fact it states. None of these sections, 40, 41 and 42..Category: Procedural Law | Date: | Hits: 146
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 ......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous lands and taking advantage of such recording the principal defendants are trying to change the nature of the pathway and also to interfere with the plaintiffs' right of way. The defendants cont..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......tion of Rule 70 of the Union Parishad (Election) Rules, 1983. 2. A brief survey of the Local Government (Union Parishads) Ordinance, 1983 and aforesaid Rules will be convenient for considering the nature of the question that has been raised for interpretation. The Ordinance was promulgated in 1..Category: Election Law | Date: | Hits: 165
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. ......ere will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......ssary for the preservation of the public peace. It is apparent that maintenance of the public peace being of prime concern the local administration has been vested with such a power. But in the nature of things and in view of the provisions of subsection (1) a District Magistrate cannot clos..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
......
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......he Court shall not strike down legislation unless it becomes palpable that the legislation is discriminatory on the face of it.
7. My learned brother S. Ahmed, J. has exhaustively dealt with the nature of classification and found that the reasonable classification exists. Though a lengthy debat..
Category: Election Law | Date: | Hits: 212
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......s allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......oad proposition but the question in every case will be whether in the facts of that particular case a relief of temporary injunction ought to be given. It is elementary that to claim a relief of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other wor..Category: Employment/Service Law | Date: | Hits: 89
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 ......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 ......ions 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim after eleven days of causing such injury and considering the circumstances of the case and the nature of injury, the appellant cannot be held guilty of murder but he must bear the consequences of..Category: Criminal Law | Date: | Hits: 53
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. ......Reported in: 37 DLR (AD) (1985) 27. ......he following observations: "It should be clearly understood that mere consent of the parties cannot override the express provisions of a statute which is mandatory in nature in the same manner as no court can by consent of the parties, assume jurisdiction which is ..Category: Civil Law | Date: | Hits: 111
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. ......to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......ake reasonable care and skill obtain the best price reasonably obtainable. 24. Dr. Hossain then referred to the letters of guarantee furnished by respondents 2—6 for determining the independent nature of the liability irrespective of whether liability against the appellant company, which is th..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. ......) (1984) 282. ...... Vs. Bangladesh Jute Mills Corporation............................................Respondents Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the app..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......id until 1975 and she has not enchased either; that the plaintiff and the defendant started a partnership firm in 1962 and continued up to 1967 is not in controversy. The controversy arises as to the nature of the agreement that was concluded on 16th April, 1967 between the parties. The agreement is..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ...... Reported in: 36 DLR (AD) (1984) 261. ......ssession by an order of a Court, whether or not such, order was rightly made”. Further, it was observed: ''The correct test to be applied in a case of this nature is, whether the claimant exercised such dominion over the property as to justify the i..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ed by sub-section (1) so as not be maintainable……………….(20) Amendment in the plaint is not restricted at any stage of the proceeding, if the amendment sought for does not tend to change nature and character of the suit. Cases Referred to- Kasinath Das Vs. Sadasiv Patnaik (1893)..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......s also Reported in: 36 DLR (AD) (1984) 240. ......at the intervention of the village elders and they have settled up all their differences. Such compromises are allowed by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaint..Category: Property Law | Date: | Hits: 42
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......t the defendant in the instant case having Ken in possession on the basis of an oral contract of sale, he has not acquired any interest in the premises. Thereafter the learned Judge considered the nature of the occupation of the defendant and came to the view that the defendant was a licensee un..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... expenses were incurred curing the period 1976 to 1980. 12. Mr. Khondker Mahbubuddin Ahmed argued that some of these expenses were not only unauthorised but shocking as it appears from the nature of transactions. Mr. S.R. Pal appearing for the respondent attempted to argue that those exp..Category: Property Law | Date: | Hits: 39
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......Reported in: 36 DLR (AD) (1984) 188. ......s have got no document of title. This was noticed by the appellate Court below as well. The defendants relied on an Amalnama Ext. C and C (1) and even the appellate Court below compared the signature of Aswin Sannayal on Ext. C series with dakhilas Ext. D series and found that Ext. C series..Category: Property Law | Date: | Hits: 27
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......d in: 36 DLR (AD) (1984) 163. ...... the statement of claim is an independent action irrespective of the plaintiff's claim. It need not relate to or be connected with the plaintiff’s claim. It need not be an action of the same nature as the original action. 8. Dr. Zahir, Counsel for respondent Nos. 3 and 4 submitted..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpted from taxation, and it is this business which might be termed a business for the carrying out of the main purpose of the trust. 8. Mr. Rafiq-ul-Huq has mainly concentrated on the nature of business carried on by or on behalf of the Trust and has argued that this proviso does no..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......d in: 36 DLR (AD) (1984) 156. ......m lies the entire responsibility for proving that the will was duly executed by the testator as his last will. Due execution of a will means not only that the testator executed it by putting his signature or affixing his mark, that is thumb impression, but also requires that the testator execu&sh..Category: Property Law | Date: | Hits: 118
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