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AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......t directly to the landlord and it is only on the contingencies specified in section 19 that the tenant may deposit rent with the Rent Controller and as such when a tenant elects to resort to the said provisions of section 19 the onus is on him to prove that the ground on which he deposited the rent ..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......s family members and (b) bona fide requirement for rebuilding, the plaintiff-appellant has adequately stated his case in the plaint and has proved the same. The two Courts below failed to apply the provisions of proviso (e) to sub‑section (1) of section 18 of the Ordinance, to the facts and..Category: Property Law | Date: | Hits: 26
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....the date of the coming into effect of the Rules 1984 on 19th July, 1984 when the provision for time-limit was first introduced. The provision for the time-limit for completion of the proceeding is mandatory and not directory as submitted by the appellants. 13. The appellants ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
.... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......nsel. 5. It is contended that the High Court Division was wrong in remanding the case to the trial Court since respondent No. 1 did not apply for condonation of delay as provided in amended provisions of Order 9, rule 13 of the Code of Civil Procedure. It is further contended that as ther..Category: Procedural Law | Date: | Hits: 104
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......e them parties to the suit. The decrees passed on 22.9.1971 show that the suit was decreed ex parte against defendant Nos. 2 and 3. As such defendant Nos. 2 and 3 has locus standi to invoke the provisions of Art. 3 of PO No. 12 of 1972. Even if they did not file any application the decree be..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......s in the possession of respondent No. 4 Bulbul Lalit Kala Academy as an allottee of the Government on a monthly rental. The appellants applied on 8.9.66 to the Relief Commissioner, Dhaka, under the provisions of the Disturbed Persons (Rehabilitation) Ordinance 1964, for permission for execution a..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......s took delivery of possession. The lands diluviated thereafter in the last part of 1357 BS and reformed in 1364 BS.Government is in possession. The auction sale was held in due conformity with the provisions of the Patni Regulations. Moreover the principle of abatement of rent as provided in sec..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......inion, Exts. B and C were not sufficient to prove the same in the absence of proof of payment of compensation and further evidence as to LA Case record, etc. Reference has been made to the various provisions of the Land Acquisition Act to show the different stages which must fellow the Notificat..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......nd regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification issued under Article 5(a) and the provisions of Article 17(1) of P.O. 27 of 1972, the Corporation's powers to take disciplinary action..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......idence on record. This court in exercise of its jurisdiction under section 439 Cr.P.C. cannot make a reappraisal of the evidence on record and convict the accused, as already stated, in view of the provisions of clause 4 of section 439 Cr.P.C." 10. The last proposition as above is wholly corre..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......er section 302/34 Penal Code and sentenced each of them to transportation for life. 12. The question is: Can the High Court Division lawfully do it? This involves a consideration of the relevant provisions of section 423 Cr. P.C. which read thus: 423. (1) The Appellate Court.... may ..Category: Criminal Law | Date: | Hits: 55
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......tions 51, 53 and 55 of the Act and not by filing the present suit." 8. Mr. Md. Nurul Huq, Advocate-on-Record, who appeared on behalf of the defendant- appellants submitted that in view of the provisions of section 36 of the Public Demands Recovery Act which required the plaintiffs' suit to..Category: Property Law | Date: | Hits: 35
Md. Nurul Huda Vs. Bhashanu Sardar and ors., 1988, 17 CLC (AD)
.... miscarriage of justice has been caused by non-compliance with the provisions of section 367 Cr.P.C. The appeal is therefore dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 256 ......1898), section 367 Though judgement of the magistrate was not in proper form yet some reasons have been given for acquitting the accused persons. So, there was no miscarriage of justice even though provisions of section 367 of Cr.P.C has not been complied with. The appeal is dismissed……….(4)..Category: Criminal Law | Date: | Hits: 50
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......nder section 151 C.P.C. The learned Counsel has tried to argue that as there is no other provision of law for ascertainment of value of a part of the building which fell to the decree-holders' share, provisions of section 151 C.P.C. are applicable. We do not think that this contention is tenable. ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
.... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ......er section 9 of the Specific Relief Act cannot be granted. Let us consider if a decree obtained in a suit under section 9 of the Specific Relief Act is enforceable or not. To determine this, relevant provisions of law and decisions cited by the learned Advocates need consideration. Section 9 of ..Category: Tenancy Law | Date: | Hits: 114
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....ges of the High Court Division proceeded on a wrong assumption that no cognizance was taken by the Magistrate in the complaint case but the Sessions Judge has taken cognizance in disregard to the mandatory prohibition of section 193 Cr.P.C. Section 193 provides that except as otherwise express......nd report. A Criminal Motion (Criminal Motion No. 78 of 1980) was moved before the Sessions Judge against the order for enquiry, and the learned Sessions Judge directed the Magistrate to follow the provisions of section 205-D of the Code. The complainant thereafter filed an application to withdraw..Category: Criminal Law | Date: | Hits: 75
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
.... a party to a proceeding in any court and that this forged document has been used or produced in that court by a party to the proceeding. If these ingredients are found present in a case, then the mandatory provision against the filing of a private complaint comes into play. In the instant case t......t in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided." 5. As appears clearly, provisions in S.195, like the provisions is sections 196, 197 and 198 of the Crl.P.C. all appearing ..Category: Criminal Law | Date: | Hits: 63
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....he provisional removal should not be confirmed. He did not show any cause but filed the writ-petition under Article 102 of the Constitution challenging the order taking the ground that in view of the mandatory provision of Rule 7 (11) of the Government Servants (Discipline and Appeal) Rules, 1984 he......n the Rules of 1984. As such the provision of discharge cannot be applied therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as far as may be" w..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......otection) Ordinance, 1982 for an order of abatement of the suit. The learned Judges of the High Court Division held that the appeal and not the suit filed by the respondents has abated in view of the provisions of the aforesaid Ordinance. 4. Being aggrieved Government-appellant moved this Court a..Category: Property Law | Date: | Hits: 63
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