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Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....ue copies attested by the plaintiffs pleader on the undertaking that they will be produced at the time of hearing or whenever asked for by the Court. (3) Where the plaintiff relies on any other documents not in his possession or power in support of his claim, he shall enter such do......II of the Code of Civil Procedure. It appears from Order No. 46 dated 6.7.91 that the relevant documents were marked exhibits at the time of examination of plaintiff’s witness No. 1. At that stage, the defendant filed an application for expunging those documents under rule 18 of Order VII ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....and 5 Interpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the po...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......e or statutory public authority; (c) any law to which clause (c) of Article 102 applies. (2) Where any administrative tribunal is established under this Article, no court shall entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribu..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... Ed. ......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......dant No. 3 in the suit and respondent No. 2 in this appeal. During the Pakistan period, the plaintiff entered the service of Pakistan National Oils Ltd., now Jamuna Oil Company Ltd. A disciplinary proceeding was instituted against him when he rose to be the Operation Officer of Jamuna Oil Co. L..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....l Court decreed the suit. Relying on Abdul Gafur Sardar and ors. Vs. Wazedali Talukdar and another, 19 DLR 33 (37) wherein it is observed that "the Mukti‑patra cannot confer the title on any party unless it is supported by a registered deed of transfer‑kobala or gift" the tr......e land was forfeited without holding that the Nadabi‑patra was a deed of transfer. From the judgment of the lower appellate Court it appears that an issue was framed at the Appellate stage on the following effects: "Was the plaintiff a real purchaser in Rent Execu......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ely in CA 22/91. 3. Respondent No. 1's case in the writ petition, briefly, was that M/s Transclear SA of Lausanne, Switzerland purchased 10,000 metric tons of cement as aforesaid from an Iraqi Company, namely, Layth Mahdi Saleh and sold the same in favour of M/s Nidera Hendels Compagnie of Hollan......h Mr. Ishtiaq Ahmed took pains to impress upon us. Mr. Ahmed, however, conceded that the shipping agent or the carrier could raise objection in making delivery of the goods to the respondent but that stage had not been reached. 27. The High Court Division proceeded on the simple assumption that w......refore, there is hardly any impediment or obstruction to clear the goods by the petitioner. The Collector of Customs fortunately without delivering the goods to the petitioner exceeded his power in proceeding to hold auction sale of the goods in question although the petitioner is always diligen..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....ternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property to the respondents, who are strangers, without serving any notice upon him. He claimed pre‑emption by filing Misc. Cases Nos. 121 of 1974 and 174 of 1974......t refused to purchase and also gave oral assurance that he would not pre‑empt, such an assurance would not constitute "acquiescence or waiver" for, the right of pre‑emption did not accrue at this stage but it accrued after the sale. In support of this view, he has referred to a decision of the N......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ar was held and the second party disclosed there that the wife of the first party had sold the disputed land to the sons of second party Mazibur Rahman. The wife of the first party, however, denied any such transaction. The second party did not disclose about their kabala earlier which was said t...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......44 of 1987) Judgment: ATM Afzal J: This appeal by leave at the instance of the first party‑appellant arises out of a proceeding under section 145 of the Code of Criminal Procedure and is directed against the judgment..Category: Criminal Law | Date: | Hits: 53
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
..... 5 August 1986 sent back the suit for re‑hearing "in accordance with law giving both the parties reasonable opportunity to adduce further fresh evidence and to file necessary papers if any." This order is in question in this appeal. 8. Mr. M Nurullah, learned Advocate fo......in any order from the High Court Division for examining any witness or witnesses in place or Manir Ahmed who reportedly died in 1978. The plaintiffs do not seem to have filed any application at any stage or even at the hearing of the appeal in 1986 for examining further witness in place of Manir......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....td. 27 DLR 367 it was held that a Labour Court is not a Court subordinate to the High Court Division and as such the High Court Division cannot exercise its revisional jurisdiction in respect of any order of such a court under section 115 of the Civil Procedure Code. Another Division Bench, in ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......al justice. 15. In some of the decisions of the High Court Division and in the impugned one a simple thing has been lost sight of. An adjudication on an industrial dispute under section 36(2) or a proceeding on an application under section 34 of the IRO for enforcement of any guaranteed or secure..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....pecial Powers Act, 1974. Her case, in brief, is that for recognition of his contributions in the liberation war the detenu was awarded the second highest gallantry award, Bir Uttam, not awarded to any civilian so far. After the assassination of Sheikh Mujibur Rahman on 15th August, 1975 he left ......il Police Station before the District Magistrate, for the issuance of the warrant. Without the order of conviction at hand the respondents are scouring for papers fill the last minute and trying to stage Shakespeare's Hamlet without the Prince of Denmark. 43. Defect in a warrant for commi...... facts of the case under the ordinary law and shall be tried by such Criminal Court in accordance with the procedure applicable to the trial of such case under the ordinary law; (e) the proceedings of every case tried and disposed of at any time before the commencing day by a Special..Category: Constitutional Law | Date: | Hits: 365
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....s, but by necessary implication. Since the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ......luding Tk. 400.00 as compensatory costs to the plaintiff‑appellants within one month. Leave was granted to consider whether in view of the conduct of the defendants, which is negligent at all stages, and in view of an absence of a clear finding that the defendant was prevented by sufficien......be decided on the ground of mere previous conduct. Whether the defendant was prevented by sufficient cause from appearing when the appeal was called on for hearing will determine the outcome of the proceeding under Order 41 rule 19 CPC. On this count both the Courts have given cogent reasons for ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....105 of the Transfer of Property Act and the right therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding against the appellants in this case is ma......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......t therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the original tenant and not in any way better or than his right. The Execution proceeding against the appellants in this case is maintainable. The appeal is dismissed. Monthly ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... 20(5)(c)(ii) of the Act. The learned Attorney General and Mr. Pal have given their rival interpretations on the section and they will be dealt with in due course. We are not very much impressed by any of their rival contentions. We therefore, propose to give our construction on the section. ......uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... expenses for charitable purposes, the balance of the Wakf properties are to be divided into three parts representing the heirs of the three sons of Keamuddin Sardar. It is alleged that there was a proceeding before the Revenue Officer, Barisal who directed acquisition of Schedule 'Kha' properti..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
.... shall be referred to the Registrar. Section 133 of the Cooperative Societies Act runs thus:— "133. (1) Save as provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of— (a) the registration of a co-operative Soci......the respondent No. 2 cannot be allowed to go behind the order of dismissal nor could we go behind the said order which is a question which was never agitated by respondent No. 2 at the appropriate stage. In the result the appeal is allowed and the order passed by the High Court Division which af......ved upon him on 2nd December, 1968 directing him to hand over the charge of his office to the Assistant Accountant and was placed under suspension from 7th December, 1968 pending drawing up proper proceeding. Charge-sheet was submitted against him on 21st January, 1969 with a direction to show c..Category: Labour and Industrial Law | Date: | Hits: 144
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....er of a Division Bench of the High Court, Dacca and are disposed of by this judgment. 2. The appeals arise in the following circumstances. Respondent No. 1 Mr. Mainuddin Ahmed, a member of the Naranyanganj Municipal committee filed a suit against (1)The Chairman, Narayanganj Municipality, (2) Th......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ......Khurshed Alam Khan, Secretary, Naranyanganj Municipality and Nurul Islam Sikdar, Head Assistant Basic Democracy Section, Divisional Commissioner's Office, Dacca directing them to show cause as to why proceedings for contempt of court should not be drawn up against them as well. The High Court found ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
.... dismissal of his action. It was asserted by the petition that his Advocate could not be present in Court when the case was called on for hearing because he was not aware of the collapse of an as many as seven (7) Items which were fixed for hearing above his case, and that his Advocate rushed to ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......r which he cannot be held to be responsible. 5. The provisions of Order IX of the Code of Civil Procedure have been enacted to give effect to the aforesaid rules of the judicial procedure. A proceeding for judicial review of certain administrative acts or legislative measures interfering ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ed, the plaintiffs obtained licence to remain on the land and raised structure thereon with the permission of Defendant No. 1 and that the subsequent cancellation of the said permission was without any lawful authority. The learned Judge has taken the view that as the prayer (a) of the plai......ect, the appeal may be returned to the appellant for presentation with the certified copy of the decree after it is obtained. In the case like the present if the appeal has passed through the stage of admission through the over sight of the officer then the only fair i. and rational course ......he appellant, has contended that the case as made out in the plaint being substantially for a declaration which, required an adjudication as to the legality of the requisition and acquisition proceedings initiated under the Town Improvement Act, the bar contemplated in section 93 C of the s..Category: Procedural Law | Date: | Hits: 99
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....e' or 'order having the effect of a decree'. The word 'order' has been defined in section 2(14) of the Code in the following terms: "'order' means the formal expression of any decision of a Civil Court which is not a decree." 7. Order, as defined above......y special or local law, the ordinary rules of procedure would apply. This decision refers to the application of section 141 of the Code and so relates to the proceeding of the pre-decree stage but in the instant case we are concerned with post-decree stage. In Kilchand Devachand Vs. Aj......ant contended that (i) an application purported to be under section 47 of the Code filed by Respondent No. 1 Ashrafun Nessa was not maintainable as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claim..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....and Burmecha and others………..Respondents Judgment August 26, 1975. Result: The Appeal fails. Cases Referred to- Hajee Nurul Islam Chowdhury and others Vs. The Patya Tea Company Limited (1968) 20 DLR (Dac.) 54, PLD 1969 Dacca 946; Mt. Tulsha Devi Vs. Shah Chironjeelal and o......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......n merits and found that there was no substance in the said application. 9. Special leave to appeal has been granted by this Court to the appellants to consider 3 points namely (i) whether further proceeding in the suit was barred under section 83(2) of the Code of Civil Procedure without permiss..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....appellant and as such 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the s......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ffice of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidates for the said offices was made a party to the said proceeding before the Election Tribunal. 4. The election petition was opposed by the appellant a..Category: Election Law | Date: | Hits: 122
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