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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

..... The Election Commission of Bangladesh & others.......Respondent (In Civil Petition No. 23 of 1989) Abdus Satter.......................Appellant (In Civil Appeal No. 3 of 1989) Vs. Bangladesh Election Commission & others............. Respondents (In Civil Appeal No. 3 of 1989)......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..

Category: Election Law | Date: | Hits: 165

Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)

....�…………….Appellant Vs. Mohammad Ali & ors.............. Respondents Judgment February 15, 1989. The Limitation Act, 1908 (IX of 1908), Article 120 The Constitution of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980)......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......nt Nos. 2-5 Civil Appeal No. 8 of 1988. Judgement: M. H. Rahman J.—Respondent No. 1 Mohammad Akkel Ali instituted Title Suit No.266 of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short......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..

Category: Employment/Service Law | Date: | Hits: 103

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....icer, District Education Officer-in-charge, Gopalganj & others.....Respondents Judgment September 1, 1988. Result: The appeal fails. The Constitution of the People’s Republic of Bangladesh, 1972 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2)......re the object, there is no reason whatever for exemption of the members of the Parliament. But the position of law on this point is that it must be presumed that the Legislature is fully aware of the Society's problems and the Legislature makes law to solve such problems keeping in view the welfare ......esult: The appeal fails. The Constitution of the People’s Republic of Bangladesh, 1972 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g) The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......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

Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)

....his Case is also Reported in: 41 DLR (AD) (1989) 25......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......njee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to t......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..

Category: Employment/Service Law | Date: | Hits: 89

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)

....e Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. ......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. ......of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not taking delivery of 3337 bags of cement. The position, of course, would have been d......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. ..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)

....; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Maqbul Hossain & ors...................................................................... Appellants Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd. ...............Respondent Jud......lemented and remaining terms were under consideration for implementation. It was contended that the Labour Laws are not applicable to the Milk Producers' Union established under Co-Opera five Society Act, 1940. Lastly it was submitted that the case could not be tried under section 55 or 54 ......rdinance No. XXIII of 1969), sections 36 and 36 (3) The Labour Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions......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)

.... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Govt. of Bangladesh represented by the Director of Movement & Storage Department of Food ...........igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ................................................Respondent. 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 month......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..

Category: Civil Law | Date: | Hits: 111

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....the directors of the appellant company which made them personally liable. Sonali Bank which is the successor of the National Bank of Pakistan was created by the President's Order No. 26 of 1972, [The Bangladesh Banks (Nationalisation) Order, 1972] vesting all the assets, rights and interest subsisti...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......he 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 same. The creditor ...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..

Category: Civil Law | Date: | Hits: 110

Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)

....sp; Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Motahar Hossain Khan…...........................................…..........Appellant Vs. Bangladesh Jute Mills Corporation............................................Respondents J......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. ......dvocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. Asrarul Hussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. Civil Appeal No. 75 of 1983. (From the judgment and 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. ..

Category: Employment/Service Law | Date: | Hits: 92

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

.... 20. To consider the question whether a partner's share in a partnership property is treated as movable property, it is necessary to examine the nature of a partnership property. Section 14 of the (Bangladesh) partnership Act 1932, when read along with the relevant sections, shows that it is a...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......ondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the 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...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)

....ue to the dilatory tactics of the owner to perform his part of the contract Plaintiff-appellants' possession extended over a period of more than 12 years. In 1973 defendant No. 6, the Government of Bangladesh issued a notice upon the plaintiff-appellants to vacate the premises who instituted......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been prod......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..

Category: Property Law | Date: | Hits: 36

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to ......upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..

Category: Property Law | Date: | Hits: 99

Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)

....eme Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.................their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......mong other things, that then participation in the incident of arson and rioting being doubtful they should have been given benefit of doubt by the Courts below. This order is now under challenge before us. 3. The prosecution case originated from an incident which took place on 4 March, 1......their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ..

Category: Criminal Law | Date: | Hits: 66

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

.... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Geeta Rani alias Shamima Khatun………..........Appellant Vs. Bangladesh..........................Respondent Judgment March 28, 1984. The......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......Dasi could only be denied by Gouri Dasi herself on the event of Geta Rani claiming herself as her daughter. Gouri Dasi treated Geta Rani as her daughter during her life time and now it is too late for any body else to challenge this fact. Provisions of section 92(a) have no manner of application......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..

Category: Property Law | Date: | Hits: 112

Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)

....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......, 1984. The Transfer of Property Act, 1882 (IV of 1882), Section 53A. In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..

Category: Property Law | Date: | Hits: 24

Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

....Trust properties to the D. Hrs. through their Chairman at once subject to furnishing the Bank Guarantee of Tk. 3,50,000/- as per order of the Hon'ble High Court Division of the Supreme Court of Bangladesh and also payment of the amount of Tk. 7,78,692/- towards the outstanding bills of the R......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. ...... of the Court to whom is given possession of custody and management of certain property. 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 ......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

Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)

.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ........................ Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doin...... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ..

Category: Civil Law | Date: | Hits: 114

Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)

.... Proceeding against the appellant in Criminal Case No. 20 of 1982 in Rajshahi Labour Court. Facts are as follows: The appellant was the Depot-in-Charge, Bogra Sales Depot of Glaxo Bangladesh Ltd., a company incorporated in Bangladesh under the Companies Act, 1913 having its reg......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......y special leave arises out of the judgment and order passed by the High Court Division, Rangpur Bench in Criminal Revision No. 29 of 1982 discharging the rule issued therein and rejected the prayer for quashing of the Criminal Proceeding against the appellant in Criminal Case No. 20 of 1982 in Ra......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)

....endant-respondent No. 4 loaded during December 8-12, 1979 fabricated C.S. and Alloy pipes etc. in the ship M.V. Siuli belonging to the plaintiff at Ravena Port in Italy for carrying to Chalna, Bangladesh. Respondent No. 2, the consignee received articles at Chalna where they were delivered d......;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. ......ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N......;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. ..

Category: Civil Law | Date: | Hits: 95

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

....lso a property. That business is a property is an established fact; it was held so as far back as in the case of the Trustees of Bombay Tribune, by the Privy Council, reported in 7 ITR 415. In the Bangladesh Statute, after the amendment brought about in 1973, it has been specifically laid down t......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ment Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..

Category: Fiscal/Taxation Law | Date: | Hits: 117

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