Search Options
Judgment Advanced Search
Displaying 3201-3220 of 3784 results.
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....ot be proÂceeded with as the learned Munsif while rejecting the prayer for withdrawal ordered that the plaintiffs were permitted to withdraw the claim in the suit only. We do not think that there is any reason for such appreÂhension, for, the learned Munsif rejected their prayer for withdrawal of ......e, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....higher post, it was alleged further. 3. In a supplementary affidavit, the appellant stated that his case was better than that of the reÂspondent No. 2 even on merit which was not considÂered by any selection board or by the respondent No. 1 or by the Board of trustees. 4. In the Affidavit f......ndent (2). Mere incantaÂtion of bias or malafide can be of little use unless they are based on facts. Then again any submission on the basis of bias or malafide cannot in fairness be allowed at this stage because the Chief Engineer against whom the same is alleged was not even made a party in the W......stated that the allegation as to A.C.R was not correct and the appellant was duly inÂformed of the adverse remarks made by the counter-signing Officer. The respondent stated that in a deÂpartmental proceeding the appellant was found guilty of inefficiency and misconduct and by way of penalty his o..Category: Employment/Service Law | Date: | Hits: 89
Abdul Gufur and others Vs. The State and another, 1989, 18 CLC (AD)
....ient in the interest of justice to make a complaint. It is further contended that no case was made out under section 476 of the Code of Criminal Procedure against the appellants. 4. We do not find any substance in these conÂtentions. The impugned judgement does not suffer from any infirmity. At ......der section 476 of the Code of Criminal Procedure against the appellants. 4. We do not find any substance in these conÂtentions. The impugned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case i......ned judgement does not suffer from any infirmity. At this stage we need not enÂquire into the merit of the case. The appeal is disÂmissed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 127..Category: Criminal Law | Date: | Hits: 45
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
.... been settled alÂready on which the leave was granted, Mr. Ahmed is correct in saying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......s of law. It is a rebuttable presumption, no doubt, but Mr. Moksudur Rahman could not argue, how the evidence as it is, has rebutted the presumption. The defendants got ample opportunity at the trial stage and no such rebuttal evidence was adduced. Hence the prayer for remand does not merit consider......the question whether the High Court Division has erred in law in upholding the decree that was passed by the AppelÂlate Court below on the ground that the Emergency having been lifted on 16.2.69 the proceeding in V.P. Case No. 24 of 1978-79 was illegal and void. 3. Facts are as follows:-Plaintif..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....mber. The Chairman and the elected members shall be elected by the direct election on the basis of adult franchise; until such time the Chairman enters upon his office the Upazila Nirbahi Officer or .any other person nominated by the Government shall act as Chairman. Then comes section 4(3) which......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 ......ncluded "the Chairman and acting Chairman cannot stand on equal footing." 8. In this view of the matter, the High Court Division took the view that the three members who took part in no-confidence proceedings being acting Chairmen were not representative members and as such they were not eligible..Category: Election Law | Date: | Hits: 128
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109...... summarily as already stated. 6. Being aggrieved thereby the appellant filed petition for leave to appeal before this Division on 14.12.87. He also obtained an order of stay on 1.11.87 for further proceeding of Misc. Case No. 233 of 1985 till 22.11.87. This stay order has been extended from time ..Category: Property Law | Date: | Hits: 30
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
.... Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......fic performance in the same court. 4. The learned Advocate for the appellants reÂlying on the provisions of Order 21, rule 29, C.P.C. submitted that it was a proper case for staying the execution proceeding and the order of rejection was not made upon proper exercise of discretion. 5. It appe..Category: Civil Law | Date: | Hits: 106
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....ch controversial matter and resolving them by mere affidavit when questions of fact were disputed. The order of the High Court Division was erroneous. In the result, this appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is rec......he subsequent reÂport of the Presiding Officer which shows that the petitioner obtained 961 votes and proceeded to pubÂlish the result of the election of Chairman in the OfÂficial Gazette. At this stage, respondent No. 10 filed the Writ Petition challenging the Election CommisÂsion's order. ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of r...... time during the poll suspend any Presiding Officer, Assistant Presiding Officer or Polling Officer (Rule 7(5). Rule 9 proÂvides that the District Election Officer shall notify the days of different stages of the election subject to direction of the Election Commission. 8. Now the arrangement fo......it was held that the election embraced the whole proceÂdure which consisted of several stages. That the law does not contemplate that there should be two atÂtacks on matters connected with election proceeding, one While the election process is going on by invokÂing the extraordinary jurisdiction ..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....illegal but the amount earned by him by way of salary from the employment or as profit from business in which he was engaged during the period of such discharge may be sit off because he cannot serve any other master or engage in any other business without the permission of the Government………â€......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......tion that defendant No.2 Superintending Engineer, Public Health Engineering, in short 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 se..Category: Employment/Service Law | Date: | Hits: 103
....unjab, AIR 1963, SC 22; The State of Bombay Vs. F. N. Balsara, AIR 1951, SC 318, S. 39, the Bombay Prohibition Act, 1949; Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958, SC 538; Jalan Trading Company vs. Mill Mazdoor Sabha, AIR 1967, SC 691; Anant Mills Vs. State of Gujrat, AIR 1975, SC 134; AIR......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
......e persons or things may be classified into different catÂegories according to those distinctions; this is what is called 'permissible criteria! or "intelligible differenÂtia", The Legislature while proceeding to make law with certain object in view, which is either to remove some evil or to confer..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
.... May 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendan......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... Judgment May 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all becaus..Category: Others | Date: | Hits: 96
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....e Code of Civil Procedure, 1908 (V of 1908), sections 100—103 The High Court Division can interfere under section 100 of the 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. Misreadi...... 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. ...... Court Division on misconstruction of documentary eviÂdence, particularly the rent-receipts produced by the parties and also on wrong view of law taken by the learned Single Judge, in respect of the proceeding unÂder section 19(1) of the State Acquisition and Tenancy Act. 6. As to jurisdiction ..Category: Property Law | Date: | Hits: 46
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ch the plaintiff got half share. The remaining portions of the suit land of that suit in the allotment of the defendants and as such according to the defendants, the plaintiff was not entitled to get any relief whatsoever in the suit. The trial Court came to the conclusion that on the interpretation......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......applies to any decree or order of a court (except a decree or order expressed to be made on a compromise and comprising immoÂvable property other than that 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 v..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... the arbitration proceeding that the award could not be passed as the period mentioned in Article (3) had already expired, nor did the respondent inform the Arbitrator that he would not be bound by any award since the time for passing it had expired. This should be considered as waiver of the con......hellip;……..(12) In the instant case the consent of the appellant in continuation of the arbitration proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in...... Judgment February 1, 1984. The Arbitration Act, 1940 (Act No. X of 1940), Article 3 of the First Schedule Time for award is four months When the arbitration proceedings continued beyond four months with the parties raising no objection the conclusion is th..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....interest on the aggregate sum till the date of realization on an earlier date……………..(66) In special circumstances, the Court's discretion must be exercised in favour of the appellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of ......arging claims is that the appellant company knowing fully well that it was not in a position to deny its liability for the amount covered by the agreement concerned resorted to newer grounds at every stage of the proceedings. 19. Next, Dr. Kamal Hossain mentioned that there is no plausible explanati......rketing Corporation: Provided that no officer or other employee whose services are so transferred shall be entitled to any compensation because of such transfer; (d) all suits and other legal proceedings instituted by or against the Jute Corporation before such repeal shall be deemed to be s..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
..... Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of law. So no interference is warranted&hell......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. ...... Jute Mills Corporation............................................Respondents Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceedi..Category: Employment/Service Law | Date: | Hits: 92
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....ction (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 to change nature and characte......n (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 to change nature and character of......ion 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 to change nature and character of the suit. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....on under section 115 C.P.C. The High Court Division in frit circumstance rightly interfered therewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......m interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding under Order IX rule 13 do not become infractuous if otherwise found maintainable. If t..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....the plaintiffs and the plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examined any witness to give evidence that the consideration of the disputed kabala was the compounding of a...... 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. ......resented it to the Sub-Registrar Office and got the same registered The defendant Abdul Hannan and others filed Criminal case against the plaintiff under section 144 Cr. P. C. and subsequently the proceeding was drawn up under section 145 Cr. P. C. and a receiver was appointed. The defendant Joy..Category: Property Law | Date: | Hits: 42
18931886188418821881187718741870186918681866186518611856185418521851184718461845