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Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......manner in which it is to be exercised, but if it is silent then all rules of procedure that apply to its ordinary jurisdiction will be attracted in regard to the special jurisdiction. It is a settled principle of law that if jurisdiction clearly conferred on a Court is to be ousted, the exclusion of......her. In both the appeals the appellant was elected as the Chairman of a Union Parishad. His opponent's election petition being allowed by the Election Tribunal, the appellant preferred appeal before the District Judge. By different orders the District Judge transferred each of the appeals to t......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ated 3 March, 1987 passed by the High Court Division, Dhaka in Civil Revision No. 470 of 1984). Judgment ATM Afzal J.- In this appeal by leave, at the instance of the defendant, the short point for consideration is whether the learned Judge of the High Court Division was justified in setting a......ction 151 & Order IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther determination of question of service upon the appellants. The order of the learned assistant judge h..Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......t No.1 the learned Judge has not had the occasion to know about the same. It has been held in an earlier decision of this Division that such ex parte final order should not be passed as it violates a principle of natural justice in that the appellants are deprived of any opportunity to represent t......endant Respondent Judgment April 16, 1989. The Code of Civil Procedure, 1908 (v of 1908), Order XXXIX, rule 7 Local Inspection The matter of possession can be determined on evidence before the court but not on local inspection. "Local inspection' connotes only visual perception and n......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...........………………..Respondent Judgment March 20, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 417, 418 & 423 The High Court Division made no departure from the principles enunciated by the Privy Council, Indian and Pakistan Supreme Courts in pointing out that ......utable to the trial court judgment and the order of acquittal was liable to be interfered with………………(41) The Evidence Act, 1872 (I of 1872), section 8 Where there is direct evidence for implicating an accused in an offence absence of proof of motive is not material. In the present ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......have transferred their interest to defendant No. 3. On the other hand, their own case is that since May, 1972 they have taken defendant No. 3 as partner in their commercial venture. If the foundation for taking advantage of the deeming is not lied then section 18 (3) has no application. No interest ......uch commercial undertaking together with the premises to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be d..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......f property is not entitled to be protected against the lawful owner by an order of injunction and then a trespasser also is not entitled to perpetual injunction against the owner of properly. These principles arc not in dispute but in a case of cancellation of settlement it cannot be said that the...... Temporary injunction In a case of cancellation of settlement it cannot be said that the lessee is a trespasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he ha......appeal. 6. Mr. Shaukat Ali Khan, learned counsel for the appellant, submitted that whether the settlement with the appellant had been legally cancelled was to be decided in the suit and until such determination it could not be said that the plaintiff was a trespasser upon the suit land merely bec..Category: Property Law | Date: | Hits: 29
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......hemently urged that the High Court division committed an error of law in asking the defence to lead oral evidence to prove its plea of innocence and that the impugned decision was contrary to the principle laid down in Safdar Ali Vs. The Crown, 5 DLR (FC) 107 page 109. We find no substance in th......as any common intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing hi......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ...... Magistrate’s order and as well as the reason given by the High Court Division makes it clear that the withdrawal was allowed in conformity with the true intent of section 494 of the Cede and the principle enunciated in the case of Bakshu Mia. 7. Mr. Khandker Mahbubuddin Ahmed, learned Couns......ukdar and others Vs. The State (Criminal Appeals No.4 and 5 of 1977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son......n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ..Category: Criminal Law | Date: | Hits: 43
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133....... CJ.- Leave was granted at the instance of Defendant- Appellants to consider whether the amendment of the plaint of the suit pending in the Court of Munsif, 5th Court, Chittagong, was done on correct principle as provided in Order 6, rule 17 of the Code of Civil Procedure and on the judicial authori......principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanent injunction against the defendants from raising structures and disturbing or affecting ......avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133...
Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......t. 10. The learned Deputy Attorney-General drew our attention to a passage in the case of Parshotam Lal Dhingra Vs. Union of India PLD 1958 SC (India) 217 which runs thus: “Shortly put, the principle is that when a servant has right to a post or to a rank either under the terms of the con......dent under Article 102(2) of the Constitution of the Peoples Republic of Bangladesh (Petition No.254 of 1973). 2. The respondent was appointed District Kanungo on 5.12.56 and since then he worked for about 10 years discharging his duties with efficiency. It appears from Annexure ‘A’ to the p......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......tachment under this rule. Movable properties casually brought within the Court’s jurisdiction should not ordinarily be attached, unless there are other compelling reasons to do so. Tested on this principle a foreign ship which is calling at international ports on her usual voyage, if comes withi......th C.R. No. 639 (FM) of 1977). Judgment Kemaluddin Hossain J.- This appeal arises out of an interlocutory order under Order 38, rule 5 of the Code of Civil Procedure. Facts briefly stated for the disposal of the appeal are that Bangladesh, the Respondent has instituted a suit for recover......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......e Judge dismissing the application for pre-emption. Leave was granted to consider whether the High Court in the exercise of its power under section 115 of the Code of Civil Procedure acted on correct principle in the exercise of jurisdiction in disturbing the appellate court’s finding of fact th......of the State Acquisition and Tenancy Act, 1951, seeking pre-emption of certain land sold by Khan Brothers, by a registered kabala dated 3rd December, 1966 to Muhammad Khalilur Rahman, respondent No.4 for a consideration of Taka 6,000.00. This application at the instance of the appellant was subseq......her the appellant is a co-sharer tenant or not is a question of fact. 9. The case of Joy Chand Lal Babu v. Kamalaksha Chaudhwry and others, 53 CWN (PC) 562 deal with a loan and question arose for determination as to whether it was a commercial loan within the meaning of the Bengal Money-Lenders ..Category: Property Law | Date: | Hits: 33
P.W.V. Rowe Vs. Chairman Labour Court, Chittagong, 1977, 6 CLC (AD)
....oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ......n the aforesaid case interfered with a finding of fact recorded by the Labour Court, on the view that such finding having lacked in proper corroboration was perverse. We have great doubts whether the principle, as has been enunciated in the said decision on this question, can be invoked in the prese...... Senior Advocate, with A.Y. Salehuzzaman, Advocate, instruct by M. R. Khan, Advocate-on-Record - For the petitioner. Aminul Huq, Advocate-on-Record - For the Respondent No. 2. Civil Petition for Special Leave to Appeal No. 143 of 1976 (From Petition No. 460 of 1976) Judgment Debes......oing reasons we do not find any substance in any of the two contentions urged by the learned Counsel and the petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 119. ..Category: Labour and Industrial Law | Date: | Hits: 77
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......s to only a portion of the land transferred should fail or should it fail in respect of the other lands transferred? In that case, would it not be a partial pre-emption which is contrary to law and principle of pre-emption? On the other hand, if it is held that land contiguous to the land trans......ent Ruhul Islam J.- This appeal by special leave arise out of the Judgment dated 5th April, 1976 of the High Court Davison in First Miscellaneous Appeal No.96 of 1974. Facts in short relevant for disposal of the appeal are like this. Respondent nos. 1 and 2 filed an application under section......cy Act, 1950. From the construction of the whole section this cannot be inferred, until and unless we read something which is not in the section.” The case was remanded to the trial court for determination of the question raised therein and disposal of the case. The question we are conside..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ourt is not given nor did ever possess, unrestricted and undefined power to make any order, it might be pleased to consider, was in the interest of justice. Its inherent powers are much controlled by principle and precedent as are its expressed powers conferred under the statute. The High Court can ......he learned Judges were justified in quashing the proceedings in exercise of the inherent power under section 561A of the Code of Criminal Procedure at the stage when only charge sheet was submitted before the Sub-Divisional Magistrate, who is not competent to try this case under section 156(8) and 1......eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ..Category: Criminal Law | Date: | Hits: 95
....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 64.
......oried building at Dhanmandi Residential Area worth about 5 lacs though his monthly salary did not exceed Tk. 500-/. He was directed to show cause why the Board would not recommend to the Government for taking action under Article 6 of the Presidential Order No.67 of 1972. On 1-10-74 the petitioner......himself and in so doing he can call evidence in his support, cross-examine the witnesses, and give evidence of rebuttal as well. After the conclusion of this procedure, the Board is to make its final determination as to the charge framed against the officer and then make one of the recommendations c..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......ticipated in various illegal activities. Further, it is mentioned that the detenu being the General Secretary of Serajgonj Sub-divisional Jatio Samajtantric Dal, vehemently criticised the fundamental principles of the Government of Bangladesh established by law. 2. After the prescribed period un......hallenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec...... the Constitution should not be considered to be synonymous with a statute law but should be deemed to include also the principles and rules which are regarded to be binding in a Court of law for the determination of a cause, although such principles and rules are not made specifically apart of a po..Category: Constitutional Law | Date: | Hits: 408
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ......ppeal was adequately explained, but the learned Judges without properly appreciating the fact and circumstances stated in the petition for condonation of delay and without properly appreciating the principle enunciated in the case of Superintendent of Central Excise, Lyallpur Vs. Ch, Fakir Muh......slam J.- This appeal by special leave is from the judgment dated July 20, 1970 passed by a Division Bench of the High Court of East Pakistan is Civil Rule No.729 (f) of 1970 rejecting the application for condonation of delay in filing the appeal from the award dated September 10, 1969 given by the A......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..Category: Procedural Law | Date: | Hits: 101
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......onspiracy by some interested quarters and both the order of dismissal of the petitioner from service as well as the order of rejection of the review petition were illegal, malafide and against the principle of natural justice; both the Tribunals erred in not giving any importance to the failure ...... 214. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- the Respondents Civil Petition for Leave to Appeal No. 1360 of 2002. (From the judgment and order dated 1st June 2002 pass......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......x parte decree, whereof the suit was filed. 12. Leave was granted to consider the contention that the High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view ......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
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