Search Options
Judgment Advanced Search
Displaying 2481-2500 of 2921 results.
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
.... Ramjan Ali. Hence they are acquitted of the charges under section 302/149. Participation of appellant Budhi is well established. It is he who had first Harled Halanga at the victim’s abdomen and also shouted putting him to death. Thus conviction under section 302 of the Penal Code against this ac......cluding one, 2" x 2"x abdomiÂnal cavity. As to the nature of the halanga, P.Ws. have said that its blade was a pointed iron fixed on a bamboo split and in that locality this kind of weapÂon is also called 'halanga'. The cumulative effect of these eleven injuries, which are antemortem and homicidal......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....y contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked ......of seÂcuring the payment of money advanced or to be adÂvanced by way of loan an existing or future debt or the payment of an engagement which may give rise to pecuniary liability. The transferor is called a mortÂgagor, the transferee a mortgagee; the principal monÂey and interest of which paymen......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....romulgation of P.O. 135 of 1972 by which section 86 of the Act was substituted is not wrong. However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......ntained in any other law for the time being in force, the right, title and interest of the tenant or his successors-in-interest shall be extinguished in such lands or portion thereof, whether the loss of such lands or portion by diluvion took or takes place before or after the commencement of ..Category: Property Law | Date: | Hits: 42
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
.... was abruptly and secretly promoted to the next higher post without complying with the proceÂdure of interview and selection by the Board which was malafide and illegal. His promotion was malafide also because he was given the same even though in 1983 he was charged for misconduct and corrupÂtion.......s against him were not established and he was exonerated by the competent authority. 5. In the affidavit-in-reply the appellant alleged that the Chief Engineer (Countersigning Officer) made some uncalled for remarks in his A.C.R withÂout any basis and foundation but his reporting officer (Execut......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
...., 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in the office when the office is vacant but he is not the holder of the office as Chairman. The holder of the office is the person who is directly elected and it cannot vest in the office of the person who is indirectly elected......pazila Parishad on the basis of no-confidence motion passed in a special meeting as per Rule 4 of the Upazila Parishad Chairman and Members (Resignation, Removal and Vacation of ofÂfice) Rules, 1986 called hereinafter Upazila Parishad Rules. 2. Facts are as follows:- Chandina Upazila comprises o......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....thway 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 plainÂtiffs' right of way. The defendants contended that it is a ridge (à¦......o in his well known treatÂise on the law relating to Easements in British India (page 203) pointed out the real distinction between the two rights. It says: "Customary easements, as they are called in S.I8 of the Indian Easements Act, should be distinguished from the customary rights refe......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 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....n power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a ......irman and elected members of the Union Parishad shall be published in the Official Gazette by the Election Commission (section 25). Section 26 provides that no election under the OrdiÂnance shall be called in question except by an elecÂtion petition. The Election Commission shall by notÂification......rting with these cases, we would like to put on record our appreciation for the valuable asÂsistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
....y of the impugned legislation and if the Court takes the view that the purpose of the legislation, though justified, falls short to the expectation of the public, necessary recommendation can be made so that the legislation can give shape to the aspirations of the people.
6. Mr. M. Nurullah learn...... down the functions of the Election Commission. The funcÂtions are preparation of Electoral Rolls for all elecÂtions to the office of President and to Parliament, deÂlimitation of electoral areas, called constituencies, in respect of election to Parliament and conduct of such elections. Under Art......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
..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....ith its principal office at Terri Bazar, Chittagong. But on account of its failure to transact the Banking business and inability to meet the demands of its creditors the bank closed its business and sought moratorium from the High Court and for that purpose submitted a Scheme of Arrangement duly ap...... binding upon the Bank and are legally enforceaÂble. Reliance has been sought from 9 DLR 1, in which it was held: "Persons dealing with Directors or ManagÂing Directors of a Company arc not called upon to enquire whether the Directors have been validly appointed or whether there is a spe......ion Money. It was further alleged that the decree in Money Suit No. 5 of 1957 and the sale in execution of the decree were also brought about in the same fraudulent and collusive manner causing great loss to the Bank. The plaintiff thereÂfore, prayed, among other things, for setting aside the decre..Category: Banking Law | Date: | Hits: 103
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....d No. 5……………..(8) Issue of short landing certificate is the responsibility of the Port Failure to notify the plaintiff about the fact of shortage absolves the plaintiff of any legality……………….(15) Th......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. ......t of the Subordinate Judge, 3rd Court, Chittagong in Money Suit No. 248 of 1964. 2. Plaintiff-appellant filed the aforesaid money suit for recovery of Tk. 35,560.69 as compensation for loss of cargo short-landed. Plaintiff-appellant had imported 1,97,000 bags of Portland cement from ..Category: Civil Law | Date: | Hits: 89
....llip;……………………..(10 & 11)
When
the Labour Court exercise its jurisdiction for trial of offences under the
Labour law, it does so as a Magistrate of the 1st Class but when the punishment
is given and sentence is recorded then ......n such appeal shall be final, Subjection
(4) then provides: "all decisions of Labour Court, other than awards
referred to in sub-section (3) of section 36 shall be final and shall not be
called in question in any manner by or before any court or other
authority." In other words th......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)
....unt of (a) Demurrage, (b) carrying (c) security deposit and (d) interest on security money. On the refusal of the appellant to pay the amount claimed by the respondent he referred the matter to the sole Arbitrator namely, the Secretary of the Food Department for adjudication as provided in claus......t can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was further observed by the learned Judges that "no decision is called for on the other point raised by him (respondent's Counsel) with regard to the legality or ......ur boats with 8550 maunds 22 seers of wheat at Chittagong Port for carrying the same to Narayanganj C.S.D. On May 28, 1963 the boats sank due to cyclone near Majirhat in Chittagong resulting in the loss of 6309 maunds 34 seers of wheat. 3. Appellant demanded the sum of Tk. 1, 57,746.25 f..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... or ignored on the 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 sam...... the filing of 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 realis...... the liability to repay the loan on the ground that the security has been lost, or destroyed or taken away by somebody by force or it had parted with its possession under compulsion. 54. For such loss or taking away of the security persons or bodies who are responsible for it may be liable, hut ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....sp; Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order in Civil Revision No. 682 of 1982 making the rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those o......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. ......serves our consideration." 4. At the time of bearing, our attention was drawn to the fact that each of these three Jute Mills maintained their accounts separately. The profit and loss account and the balance-sheet are prepared separately by each Mill and each of the Jute Mills..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....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 per terms of dissolution of the partnership part of the consideration was paid to the plaintiff according to her sha...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......hin a period of four months. 4. After compliance of the aforesaid procedure, a separate paper will be drawn op in English for settlement. 5. Effective from 16th April, 1967 all the profit and loss of the business credits and Loans due to and/or from China Face will have no concern with Mrs. ..Category: Business or Commercial Law | Date: | Hits: 114
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....of Munsif, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants were hit by section 23 of the Contract Act and also for possession of the land. 3. Plaintiff's case was that the land described in sche......ed: ''Where the validity of an agreement is impeached on the ground that it is opposed to public policy under section 23 of the Act, the party setting up the plea must be called upon to prove that plea by clear and satisfactory evidence." It wa...... 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. ..Category: Property Law | Date: | Hits: 42
Moulvi Abdulla WelÂfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....roperty. The received is the custodian of the property, he is liable to render account to the Court. Rule 14 provides for enforcement of the receiver’s duty. The receiver being a statutory person, the Court is obliged to see that he performs his function properly and for the benefit of the......e opinion that the accounts of the Receiver must be re-checked and reopened by a qualified accountant notwithstanding that some of these accounts may have been passed by the Court after the so-called checking by Sheristader. 14. Next as has been mentioned, Rule 3 of the Order 40 enj......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. ..Category: Property Law | Date: | Hits: 39
Golam Ather ChowÂdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....qf Ordinance cannot be challenged in appeal or revision…….(7) Though the word 'Official mutawalli’ has been used in 'singular', yet this expression includes its plural also under the General Clauses Act. So instead of one person being appointed Official mutawalli, a Co......) The order of the Administrator under section 44 has not been challenged as arbitrary or capricious. This being an innocuous order for the benefit of the waqf estate no interference is called for……..(8) Lawyers Involved: S.M Hussain, Senior Advocat......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)
....983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer; deposit i......h rent becomes due or from the expiry of the time within which such rent is required to be paid under subÂsection (5) of section 18." From the facts as stated above we do not find anything which called for invoking the provision of sub-section (2) of section 19. The transfer was made under a re......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
Messers United Shipping CorporaÂtion Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....heir written statement defendant-respondent Nos. 3 and 4 made a counter-claim amounting to Tk. 18,76,000/- against the plaintiff appellant on account of production loss and salary of expatriate personnel in delaying the discharge of cargo. On the grounds that no permission was taken for filing t......;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. ...... in the aforesaid money suit. In their written statement defendant-respondent Nos. 3 and 4 made a counter-claim amounting to Tk. 18,76,000/- against the plaintiff appellant on account of production loss and salary of expatriate personnel in delaying the discharge of cargo. On the grounds that no..Category: Civil Law | Date: | Hits: 95
18901889188818861881187118691866186218591857185418521851185018451840183918371833