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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....arer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession ti...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......sion of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchase......y virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, bu......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......r the plaintiffs nor other inhabitants of the locality used the suit land as a pathway. The plaintiffs have filed the suit out of grudge and enmity and hence it is liable to be dismissed. 4. The trial court on consideration of the evidence and the report of the Advocate Commissioner came to t..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ced in a strait-jacket for purposes of the instant case. It has also to be remembered that the impugned order of the Election Commission could not be said to be a final pronouncement on the rights of the parties as it was in the nature of an order covering an unforeseen eventuality w......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 ......70 read with Section 24 of the Ordinance the Election Commission has been vested with plenary, supervisory and 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......n from one Election Tribunal to another Election Tribunal either of its own motion or on an application made in this behalf by any of the parties (section 28). Section 29 provides the procedure for trial of election petition and the decision of the Election Tribunal on an election petition shall b..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....dent's unauthorised absence and the defendant-appellant's unauthorised departmental preceding the law must prevail. In declaring that the plaintiff was entitled to arrear salary the appellate Court rightly excluded the period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphol......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......; and that during the period of his unauthorised absence the plaintiff actually engaged himself in a contract business, and that he did never care for his service. 3. The suit was dismissed by the trial Court. On appeal it was decreed. The appellate Court held that the plaintiff came to know of t..Category: Employment/Service Law | Date: | Hits: 103
....d by the Constitution to strike down the legislation offending the Constitution.
Prof. K. C. Wheare in Modern Constitution observed:—
“how much more likely is it that declaration of rights may prove to be in practice little more than words in communities where the executive is ......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......rishad or any other local authority; he is a party to a contract for work to be done for, or goods to be supplied to, the Union Parishad concerned or has otherwise any pecuniary interest in the affairs of the Union Parishad.
23. It is seen that qualifications and disqualifications in resp...... cases or classes of cases as the State government may direct. Contention of the accused-respondent was that this provision gave arbitrary power to the government to choose any accused person for trial before the Special Court which follows a harsher procedure than the ordinary courts and as suc..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....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......hbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. C. A. No. 18 of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the appellant in this appeal by leave. 2. The suit being S.S......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......heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under the plaintiff the defendant cannot evade ejectment..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....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......f of that nature the plaintiff must, first of all satisfy as to a prima facie nature of his case. In other words, it must appear to the court that he has a good, arguable case to be considered at the trial. In a case where the order impugned appears to be without jurisdiction on the face of it or in..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....d press advertisements and prolonged negotiations, that the consideration received was duly credited to the Bank's Account that the Money Suit No. 5 of 1957 was hotly contested by the Bank and it was rightly decreed when it was found that the Bank had no title to the property leased out and that the......is special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an application for the windin......imately, on an application filed by the creditors the bank was wound up by an order of the High Court dated 18th March, 1960, An Official Liquidator appointed by the High Court took charge of the affairs of the Bank. The Liquidator, on enquiry, came to learn that N. L. Sinha, who was appointed by ......1979. Judgement: Shahabuddin Ahmed J. — This appeal by special leave arises from a judgment and decree of the High Court Division in Letters Patent Appeal No. 4 of 1967 confirming that of the trial Court in Transfer Suit No.1 of 1965. 2. Mahaluxmi Bank Limited (In Liquidation) filed the s..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....o.1 refused to deliver plaintiffs share of the borga crop is 1376 B.S. and also refused to vacate the land on demand and thereby dispossessed the plaintiff from the suit land. Defendant No.1 has no right, title and interest in the suit land. Having failed to obtain the land amicably on demand the ......he 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. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does n...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......ated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....t they had purchased the land before his brother Yasin purchased it. P.W. 9 held the postmortem examination, found only one incised wound with 9 stitches measuring 9" x 2 1/2" x cavity extending from right telopectoral groove over right chest wall to a part 1 ½" lateral to the xiphoid process. On......28 of 1986 Judgement: M.H. Rahman J. — The appellant and six others were convicted by the trial Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation for life. They were also convicted under section 148 of the Penal Code and each of them was sentence......igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......ey General, instructed by Zinnur Ahmed, Advocate-on-Record — For the State. Criminal Appeal No. 28 of 1986 Judgement: M.H. Rahman J. — The appellant and six others were convicted by the trial Court under Sections 302/34 of the Penal Code and each of them was sentenced to transportation..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
.... defendant No. 4 submitted that under the Chittagong Port Act and the Rules made there under the Port Authority cannot be made liable for the same and the learned Judges of the High Court Division rightly found so. He specifically referred to Rule 122 of the General Rules and Schedules for Worki......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. ......ttagong on 3rd May, 1964 and discharged its cargo. They are not liable for the loss. The suit was decreed on contest. On appeal the High Court Division reversed some of the findings of the trial court and modified the decree in part. 4. Being aggrieved, plaintiff-appellant moved..Category: Civil Law | Date: | Hits: 89
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....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. ......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......l be instituted except by or under the authority, or with the previous permission of the Director of Labour or of an officer authorised by him in this behalf: The offence' includes a penalty for unfair labour practice (section 53), Penalty for committing breach of settlement (section 54), Penalt........................... Appellants Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd. ...............Respondent Judgment June 3, 1984. The Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969), sections 36 and 36 (3) ..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....No. 6 sold his remaining share in the plot to the plaintiff and the plaintiff and the became owner of 16 annas share of the suit land and since then he was in possession of the same asserting his own right. In the recent rent roll plaintiff's name was not correctly recorded and being encouraged by......equire registration……(6) Solenama was given effect to and construction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Re......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. ......maining 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 of the Solenama Ext. 2 plaintiff was e..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... for award is four months When the arbitration proceedings continued beyond four months with the parties raising no objection the conclusion is that the party concerned has waived its right…………(11) From the conduct of the parties to the arbitration................................................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. ...... The award was passed in violation of the principle of natural justice." 5. Appellant contested the suit claiming that the award is not liable to be set aside. The trial court dismissed the suit. Respondent filed P.M.A. No. 142 of 1974 in the High Court Divi..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. .......Appellants Vs. Md. Khalilur Rahman & another........................ Respondents Judgment February 5, 1984. Result: The appeal is dismissed. Contract – specific performance of contract Grant of decree for specific performance is discretionary with the Court. Th......f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......defendant-appellants to perform their obligations within such period, the suit for specific performance cannot fail ………….(15) Decree of specific performance of the contract passed by the trial Court, affirmed by the High Court Division was confirmed with modification of granting solatiu..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
..... 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 subsisting in the National Bank of Pakistan within the territory of Bangladesh. ......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 ...... over by the Government and it also took over the management and control of Ispahani Group of Industries. The Government also appointed an administrator for them who was authorised to conduct their affairs including operation of bank accounts. Though some of the concerns of the appellant company wer......akistan was untenable. Further, the Company along with the jute stocks and other assets and liabilities was taken over by the Government, the liability to repay the loan also passed to it. 6. The trial court, on considering the provisions of President's 1972 held that the Sonali Bank was the suc..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....he relationship between the plaintiff and the defendant being that of master and servant and when allegation of misappropriation and financial irregularity is made and proved, the employer has the right to dismiss the servant when the domestic Tribunal has recorded such a finding……......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. ......ted against the judgment and order in Civil Revision No. 682 of 1982 making the rule absolute and setting aside the judgment and decree of the lower appellate court and restoring those of the trial court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... and the documentary evidence clearly justified the conclusion that was reached by the trial court that the partnership firm had been dissolved with effect from 16.4.67 and this finding of fact was rightly upheld by the High Court Division in First Appeal. Such concurrent finding of fact is ground......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. ......intiff was all along in this country but she did not get the property released and she did nothing for the partnership since the dissolution in 1967 and prayed for dismissal of the suit. 5. The trial court dismissed the suit on the finding, inter alia, that the plaintiff ceased to be a partner..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....ribed, therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession......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. ......ivision. Cross-objections were filed by defendant no. 1 and defendant Nos. 3-5. On 11 August, 1982 the High Court Division dismissed the appeal and affirmed the judgment and decree of the trial court "with modification to the effect that the findings of the court below so far ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....a Bench of the High Court Division at Jessore passed in First Appeal No. 6 of 1980 on 15 March, 1983. 2. Appellant who is the plaintiff instituted Title Suit No. 62 of 1973 for declaration of his right, title and interest in the suit property as well as the cinema shall along with its structur...... 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. ......ion (1) and (2) cannot stand in the way of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Court for disposal taking fresh evidence as may be necessary due to such amendment…………..Category: Property Law | Date: | Hits: 99
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