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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ...... Procedure. 12. Part V deals with Miscellaneous provisions. Rule 68 deals with Destruction of papers, ballot papers etc. with the approval of the Election Commission. Then comes Rule 70 by an amendment of 1987 dated 24.11.88 and reads as under:— "70. Powers of Election Commission to i......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. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....nt Nos. 2-5 Civil Appeal No. 8 of 1988. Judgement: M. H. Rahman J.—Respondent No. 1 Mohammad Akkel Ali instituted Title Suit No.266 of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short......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......rt 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 (vide Annexure-B), and that he was still in ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....), 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 preservation of public peace. However he cannot close down......Respondent No.1 the Deputy Commissioner did not file any affidavit-in-opposition. It was, however, filed on behalf of respondent No.2. 6. The High Court Division found that notwithstanding the amendment in the Excise Act, the Deputy Commissioner was still competent to pass the impugned orde...... 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. ..Category: Others | Date: | Hits: 125
....esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......be a defaulter, for, such instalment is recoverable with penalty by way of higher rate of interest. He alleged in his petition that the impugned provision of disqualification recently brought in by amendment of the Union Pari-shad Ordinance is discriminatory in the absence of any corresponding dis......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
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Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....is special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the windin......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......as registered as O.S. No. 28 of 1960. It was transferred to the High Court on 29th March, 1965 under the Banking Companies Ordinance 1962. Defendent No.3 was impleaded on 8th March, 1966. 3. The plaintiff was a Banking Company carrying on banking business with its principal office at Terri Ba..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....he 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 not. High Court's power in second appeal does n......hat they knew about Radha Parasanna's settlement from Nabin Chandra at the time of exchange and they had obtained the Pattani dakhilas at that time. The learned Subordinate Judge viewed the belated amendment of the plaint with shrewd suspicion and upon an intelligent analysis of the evidence and c......n a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding of the l..Category: Property Law | Date: | Hits: 46
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not taking delivery of 3337 bags of cement. The position, of course, would have been d......r jointly, severally or in the alternative, where, if separate suits were brought against such persons, any common question of law or fact would arise. 4. Judgment may be given without any amendment. (a) for such one or more of the plaintiffs as may be found to be entitled to re......espect 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 that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not ..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....rdinance No. XXIII of 1969), sections 36 and 36 (3) The Labour Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions......n 59), penalty for discharging officer or trade union in certain circumstances etc (section 60), penalty for embezzlement of funds (section 61), penalty for other offences (section 62) and then by amendment section 62a is also asserted penalty for non-appearance or non-representation before......hs’ wages since 1982 for supply of one pair of shoes and one set of warm cloths in addition to uniform for introduction of Benevolent Fund etc. and thereby violated the said agreement. The complaint further alleged that the accused appellant were liable for punishment under section 5..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....equire registration……(6) Solenama was given effect to and construction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Re...... 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 the amendment the position appears to be this: If the case of compromise relates to property which is no......hhamoyee 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 jama to the plaintiff by kabala dated 7.9.57. Pro forma defendant No. 6 Jabed Mondal also sold some portion of t..Category: Property Law | Date: | Hits: 49
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ...... 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. ......om First Appeal No. 27 of 1981 affirming the judgment and decree in Money Suit No. 172 of 1974 passed by the Subordinate Judge of 3rd Court, Dhaka on September 30, 1980. 2. Facts as stated in the plaint show that on November 29, 1974 plaintiff-respondent No. 1, Sonali Bank, (which I will call "T..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substance...... 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. ...... January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any substance………..(9) As p..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been prod......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. ......hellip;...........................….Respondent Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
.... allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to ......tried prior to dissolving the firm. Whatever bar was imposed by the provisions of sub-section (1) and (2) cannot stand in the way of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Cour...... to the provisions of sub-section (3) of section 69 such a suit does not seem to be affected by the bar imposed 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 t..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... it is a Criminal offence, the offence can be compounded within the limit of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchan...... 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. ....... Such compromises are allowed by Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....mong other things, that then participation in the incident of arson and rioting being doubtful they should have been given benefit of doubt by the Courts below. This order is now under challenge before us. 3. The prosecution case originated from an incident which took place on 4 March, 1......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......erroneous view of law. 6. The learned Deputy Attorney-General hay next referred to another document which was also illegally taken into consideration by the learned Single Judge. It is the plaint of a Civil Suit M.S. No. 10 of 1972, filed by P.W. 11 Nurul Huda, against the accused person..Category: Criminal Law | Date: | Hits: 66
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ted by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the trial Court and the High Court Division took the correc......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... such person has been expressly admitted to be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, ..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
...................... Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doin...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......nsif, Kishoreganj. The suit was decreed. On appeal by the defendants the appellate Court below set aside the judgment and decree of trial Court and allowed the appeal. While the trial Court found the plaintiffs' possession the appellate Court below found the defendants possession. In Second Appeal t..Category: Civil Law | Date: | Hits: 114
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N......Nanabhai Chunilal Kabrawala, AIR 1964 SC 11. It is true that in India express provisions for making counter-claim have been inserted as rule 6A, Order VIII in the Code of Civil Procedure by way of amendment, which is as follows: "6A. Counter claim by defendant.—(1) A ......, 1983. The Civil Procedure Code, 1908 (V of 1908) Order 8, rule 6 Counter Claim The counter claim arising out of the same transaction even if is in excess of the claim of the plaintiff as per the plaint, such counter claim is maintainable in law………..(10..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ment Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High......less among other things the business is carried on “in the course of the carrying out of a religious or charitable purpose of the institution.”……….(2) As per amendment of 1973 all income from any property whether business or not, if held in trust, is totall......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
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
..... The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respectively conferred and imposed by order under this Code or the Cour......tioned the court granting an injunction can take cognizance of disobedience but a transferee court cannot do so as such power has not been conferred by law. The learned Counsel placed before us the amendment that was made in 1976 in India. Order 39 had been amended by the Code of Civil Procedure ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
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