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Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....irst appellate court and such error has affected the merit of the decision, otherwise a finding of fact, however wrong it might appear, canÂnot be interfered with in second appeal. In explaining the scope of section 100 C.P.C this court in the case of Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 3...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
....en
ousted and in not entertaining the appeal.
8. Mr.
Khalilur Rahman, the learned Counsel appearing for the appellants submitted
that the learned Single Judge failed to appreciate the scope and applicability
of M.L.O.19 of 1982 and further failed to consider that the order passed in......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.
..
Category: Labour and Industrial Law | Date: | Hits: 98
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....ct, the Secretary of the department being the sole arbitrator, the Additional Secretary of the Food Department was not entitled to pass the award. (3) The Arbitrator acted beyond the scope of reference inasmuch as the respondent's claim for money was the only subject matter of ref......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. ..Category: Civil Law | Date: | Hits: 111
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....as fraudulently obtained and, therefore, void." 13. In Mrs. June Ferguson Vs. Ameenur Rasheed Chaudhury (1973) 25 DLR 1, the learned Judges of the Dhaka High Court had to consider the scope of the provisions of section 53 A of the Transfer of Property Act in a suit for possession o......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. ..Category: Property Law | Date: | Hits: 36
Golam Ather ChowÂdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....of Official Mutawallis is not contemplated in section 44 of the Waqfs Ordinance since the duly appointed mutawalli has been in office and unless this existing, mutawalli is removed there is no scope for appointing an official mutawalli. Secondly, Mr. Hussain argues, section 44 empowers the ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ction 19. The transfer was made under a registered sale-deed by the undisputed owner of the premises, and nobody questioned the appellants' purchase of the suit premises either. As such, there was no scope for the respondents to entertain any doubt about the transfer or as to whether the transfereeâ......owed. The impugned order of the High Court DiviÂsion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....e decision of the Labour Court, Rajshahi was final unless it was revised by the Zonal Martial Law Administration upon a petition for revision and since no revision was filed "it is beyond our scope to look into the legality of the said decision of the Labour Court." As for the Criminal......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....t to such business as was itself held under trust, or was conducted by or on behalf of such charitable or religious institutions as were held, under trust. If it was intended to narrow down the scope of clause (i) so as to destroy the exemption enjoyed by a business held in trust or conducte......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ointment of receiver for better management and presentation of the disputed property. 7. Leave to appeal from their judgment was granted by the Court to consider whether there was any scope or necessity for appointment of a receiver when they have already been restrained by an ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....nts has, on the other hand, submitted that the approved plan is in respect of the entire premises and that according to the plan the entire premises is meant for residential purposes only, leaving no scope for using any room or part of the premises to be used as a shop or for any other commerÂcial ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without howÂever any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
BD Inland Water Transport CorÂpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....the face of the statement made in the plaint explaining the delay in bringing an action in Court, a party is required to file any application for extension of time within the scope of section 8 of the Maritime Contention Act, 1911, and whether the case involves the inter&sh......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. CustoÂdian, Enemy ProÂperty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....er section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for consideration.....(9) Within the scope of section 143 A, there is hardly any ground for the appellant to challenge the title of the ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Bangladesh AgriculÂtural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....njunction of which the object would be defeated by giving of the notice or the postponement of the commencement of the suit proceeding.” 9. Before commenting upon the scope of this section providing for notice to be given of any suit against the Corporation or any o......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam MasÂter alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....aining the second complaint. 8. S. K. Das, J. who gave the dissenting judgment, however, found that the Presidency Magistrate who had dismissed the first comÂplaint misdirected himself as to the scope and an effect of an enquiry under section 202 Cr. P.C. and misunderstood the provision, "suffi......a report calling it a Final Report under section 173 of the Criminal Procedure Code recommending that the accused persons shown therein should be 'discharged' or reÂleased from custody or from their bail bonds, as the case may be. But, in fact, there is no term like "Final report" or for that matte..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....nation is whether the instant proceedings is liable to be quashed. In the case of Abdul Quader Chowdhury Vs. the State, 28 DLR (AD) 39, the Appellate Division of the Supreme Court duly considered the scope of section 561A Cr.P.C. and categories of cases for quashing before the trial. So was held:&nb......aint petition was filed and the learned Sub-Divisional MagisÂtrate sent the petition for treating it as a F.I.R. for investigation and on 10.8.76 the learned Magistrate granted the accused perÂsons bail. 6. The accused petitioners moved the High Court Division under section 561A Cr.P.C. f..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ing Court becomes functus officio after execution of a decree, but argues that it may be reopened under section 47 on the ground that the question of excitability of a decree falls within the scope of this section. He has referred to the cases of Emad Ali Vs Jagan Lal, 17 ILR All. 78; Nil ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....e for the appellant, contends that the view taken by the learned Single Judge of the High Court Division is not correct and argues that the question of benami nature of a transaction falls within the scope of an enquiry under section 96. In support of this contention he has relied upon a decision of...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ..Category: Property Law | Date: | Hits: 122
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....se observations has any rational validity to the case. 18. The propositions laid down are wide and speculative. If at all the learned Judge could have sought guidance as to the scope of section 25 from a decision of this Court in Abdus Sattar Vs. Suresh Chandra, 32 DLR (AD) ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rent finding by the courts below as to the plaintiffs' possession, and the lower appellate 'Court's other findings of fact were based upon consideration of evidence, the High Court Division had no scope to interfere with the same in revision tinder section 115(1) of the Code of Civil Procedure. ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......3.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to the Warrant of arrest issued against him and been granted bail by the Sessions Judge, Dhaka. 2. He filed an application under section 561A of the Code..Category: Criminal Law | Date: | Hits: 57
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