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Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......reme Court observed: "There is in this case an attack on the proceeding on the ground of mala fide too. A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala-fide exercise of statute. It may be expl......ult: The appeal is dismissed. The Emergency Requisition of Property Act, 1948 (XIII of 1948), section 14A The Civil Procedure Code, 1908 (V of 1908) section 9 Suits which a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Jus......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
Ghyasuddin Ahmed Vs. Q.N. Faruque & others, 1986, 15 CLC (AD)
.... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ......Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the company only......Vs. Q.N. Faruque & others........................................Respondents Judgment March 24, 1986. The Companies Act, 1913 (VII of 1913), sections 79(3) and 76(3) Having regard to the powers conferred under sections 76 (d) and 79 (d), the Court may order a meeting of the compa...... of the learned Company Judge are modified accordingly. The appeal is allowed is part. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 296 ..Category: Business or Commercial Law | Date: | Hits: 111
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......ten statement, and the other submission is that the Deputy Commissioner who is also Collector of the district, is the recognized agent of the Government in all judicial proceedings and as such he got power under rule 2 of Order XXVII, C.P.C. to sign and verify, plaint or written statement on behalf ...... A. T. M. Afzal J Maqsood Alam………………………………………….Appellant Vs. The People's Republic of Bangladesh, represented by the Military Estate Officer, Dhaka Cantonment, Ministry of Defense & others………………………Respondent Judgment Aug...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......ity is not property represented as his widow Sreemati Anna Purna and his other heirs were not made parties, there is no development committee known as Chatteswari Development Committee having the power to transfer the property of the deity, respondent Nos. 1 (a) and 1(b) have no power of transfe......………………………….Respondents Judgment December 12, 1985. Result: The Appeal is allowed. The Evidence Act, 1872 (Act No. I of 1872), section 116 Attesting witness to a document admitting such attestation cannot be allowed to turn back and assail the transaction, ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ..Category: Criminal Law | Date: | Hits: 88
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ...... case, the Presiding Officer after counting gave a sheet, which showed that the appellant was elected and two days later on 12.1.84 there was re-counting at the behest of the Returning Officer. The power of re-counting is given in Rule 38(4) which says that the Presiding Officer may recount the vo......d others……………………..Respondents Judgment January 19, 1984. The Union Parishads (Election) Rule, rules 38(3), 39 (1) (4), 45(a) The Returning Officer had no jurisdiction to pass any order of recounting of votes. The Election disputes are ad-hoc disputes. Each case is to......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......s filed much beyond the period of two mouths from the High Court Division's order within which the deposit was to be made 7. Coming to section 148, C.P.C., as invoked by the learned Advocate, it empowers a Court to enlarge period of time granted earlier to do certain act. The section reads thus: ......96(1) (4), clause (b) of section 96(6). The Court may in its discretion exempt a transferee-pre-emptee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1,......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256......., printing and editing the said weekly 'Ispat' from Mukul Mudrayan. Masompur, Kushtia in violation of the aforesaid Act, I, A.K.M. Fazlul Hoque Miah, District Magistrate, Kushtia in exercise of powers conferred upon me under sections 22 and 23 of the Printing, Presses and Publications (Dec...... The Code of Civil Procedure, 1908 (V of 1908), section 10 The General Clauses Act, 1897 (X of 1897), section 19 Words used in sub-section (2) of section 10 CPC are sufficiently clear to indicate that Additional District Magistrate can lawfully perform the functions of the District M......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......nch. Leave was granted to consider the question as to the propriety of quashing the proceeding under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exercise of his powers under section 439A of the Code of Criminal Procedure. 2. The appellants were the first p......……………..Appellants (In both the appeals) Vs. Sessions Judge, Pirojpur and others……………….Respondents (In both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai ......of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ognised by or under any law in force in this country, appellants cannot get such declaration from the Court. Attorney-General Bakr next submitted that it is the Government alone which possesses the power to grant franchise of a hat as provided in the State Acquisition and Tenancy Act and Ordinance......1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particula......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......h intimation to the contemner because he is a second class Magistrate. The feeling that flows underneath is that the contemner is a first class Magistrate and the Munsif is only holding 2nd class power. As such he is subordinate to him and he should leave the station after intimating the con...... another …………Respondent Judgment February 9, 1986. Contempt of Court “Acceptance of an apology tendered not at the earliest opportunity showing sincere regret, would amount to opening and not closing the door of scandalizing the Courts”……..(22) Action of the......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......ict Court of which he is the Presiding Judge. Court of District Judge is subject to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appell......Mi Sarker Appellant (In Civil Appeal No. 54 of 1985) Vs. Mohammad Mobarak Ali and others...........................Respondents Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......upon the defendant. In that view of the matter, the concurrent findings of facts are no findings in the eye of law and should be interfered within the interest of justice in exercise of revisional power under section 115 of the Code of Civil Procedure…………….(42) Practice and procedur......rect analysis of the evidence on record and the principles of law involved in the case set aside the judgements of the Courts below and dismissed the suit on the findings that the plaintiff failed to prove that defendant Khorshed Alam was not the son of Amir Ali and that he was the son of prosti...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......y cases in which the Court can interfere after the passing and entering of the judgment are (1) where there have bests an accident or slip in the judgment as drawn up, in which case the Court has power to rectify it; and (2) where the Court itself finds the judgment as drawn up does not correc...... Procedure Code (V OF 1908) Section 152In a case of clear mistake in drawing up of the decree by the trial Court in determining admitted fact that the first schedule of the written statement belonged to the defendant Appellant, the property never being in controversy in the suit, the decree is liabl......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ved: "Amendments of the pleadings are allowed, even when a legal right had accrued to the other party, if special circumstances of the case outweigh such consideration. In exercising this power, the Court would, no doubt, be reluctant to allow such an amendment, which would have the ef......dges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ...... do so. It may be argued, as the appellant's Counsel did, that the welfare of the child would be best served if his custody is given to a person who is entitled to such custody. Nevertheless, court's power to determine the entitlement of a party to the Hijanat is not limited to mere observance of ag......Md. Abu Baker Siddique.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference of opinion about ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....strar, Co-operative Societies of Bengal, the Government scheme of establishing five Land Mortgage Banks on co-operative line as an experimental measure in selected areas. The Government undertook the financial liabilities of such establishments for the initial period not exceeding three years and ma......nd as such he is not entitled to the protection as provided to a government servant or to an employee of any statutory corporation under article 135 of the Constitution……(15) The Register’s power of supervision of a co-operative society does not alter the character and status of the organi......g under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an employee of any statutory corporation nor holding any statutory post nor performing any duty of public character and as s......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....on-payment of dues or breach of any obligations under the agreement with the Bank is seen to be its sole aim. This has to be, otherwise not only the Bank will suffer from delayed recovery, the entire financial and economic interests of the society will be prejudicially affected. Hearing of a grievan......laneous Case and the title suit by the same Judge has been made on no grounds other than mentioning ends of justice, This expression used in section 151 of the Code of Civil Procedure recognises wide powers inherently possessed by the Court to do justice in a given case. From this, it must not be su......led Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compro......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......hat the learned Judge over looked the other provisions of this Act, particularly section 6 of the (Criminal Law Amendment) Act, 1958. This section is quoted below; "Procedure in trial of cases and powers of Special Judge.—(1) The provisions of the Code of Criminal Procedure, 1898, except th......The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence fall...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......he Act runs as follows: "Appointment of officers.—The Government may appoint an officer or officers to carryout the purposes of this Act and such officer or officers shall have such duties and powers in respect of the regulation of matters pertaining to printing press, books and papers, pri......e, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ...... Sardar (1980) 32 DLR 167. In the former case decided by the Supreme Court of Pakistan it was observed: "A mala fide act is by its nature an act without jurisdiction. No legislature when it grants power to take action or pass an order contemplates a mala fide exercise of power. A mala fide order ......eal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the petrol pump station was done without authorization of law and prior notice to the Appellant firm. This act is complete disregard of the express terms of the agreement between ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
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