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Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....a declaration 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 plaint......e Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manner cannot be deprived from payment of arrear pay after his discharge was found to be illegal but the amount earned by him by wa......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
....t offensive. But upon hearing the learned Counsels there is no hesitation in my mind the frustrated aspiration of the nation needs consideration. If it is a step only that the defaulters should not participate in the nation-building activities the legitimate aspiration of the people will have to b......r the Parliamentary seat?" Take the case of this person, the appellant, he is debarred from contesting from the Union Council's election and it is conceded that by mere being defaulter in the repayment of the loan he cannot be debarred from the Parliamentary election. My brother Afzal J, focus......rashi Union Parishad in the district of Gopalganj which was held on 10.2.1988. He filed his nomination paper but it was rejected by the Returning-Officer on the ground that he defaulted in repaying loan taken by him from the Janata Bank and Krishi Bank and as such he was disqualified from seeking ..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....ained in any other law. If a banking company can take benefit of this provision for filing a suit it is quite understandable that this benefit will be available to make an application for addition of parties to the suit………………….(9) Cases Referred to- Official Receiver and Official ......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....ct arrived at by the lower appellate court on consideration of evidence have been illegally disturbed by the learned Judge of the High Court Division on misconstruction of documentary evidence, particularly the rent-receipts produced by the parties and also on wrong view of law taken by the le...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....n 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 dissection right 2nd, 3rd, 4th, 5th, 6th and 7th rib......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 ......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 ..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....-4-80 passed by the High Court Division in First Appeal No. 105 of 1968.) Judgment Fazle Munim CJ.— This appeal arises from First Appeal No. 105 of 1968 allowing the appeal in part and modifying the judgment of the Subordinate Judge, 3rd Court, Chittagong in Money Suit......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. ......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)
....dure………….(12) Lawyers involved: Khalilur Rahman, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment......, that the appellants avoided to implement some of the terms of the said agreement dated 17.3.81 being clauses 1 (chha) 2 (gha), 3 (Kha), 4 (Gha), 5 (Kha) and 7 (Ka) of the said agreement for payment of Eid Ex-gratia equivalent to two months’ wages since 1982 for supply of one pair of......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
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....dant’s No. 1 to 5. 4. In Second Appeal being S.A. No. 619 of 1962 the learned Single Judge allowed the appeal and set aside the judgments and decrees of the Courts below and decreed the suit in part holding that a decree be passed in favour of the plaintiff for 1/3rd of the land of the plots 8......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. ......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. ..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....; 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 ........................ Appellant. Vs. Jalaluddin Ahmed .............d the scope of reference inasmuch as the respondent's claim for money was the only subject matter of reference to the Arbitrator who instead of giving award thereon held the respondent liable for payment. (4) The Arbitrator passed the award on the basis of departmental recommen&sh......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
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
.... relief merely because it is lawful to do so. Specific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary t...... the reasons of the defendant-appellants' refusal to execute the kabala unless Tk. 15.000/- is paid over and above the balance consideration money, some consideration may be made for ordering the payment of a reasonable sum of money to the defendant-appellants as solatium. The contention that it......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. ..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor ......a 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 can su......spahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed ..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....Vs. Leon Fang Ai.....................................Respondents 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 ......t-Fing and whatsoever amount of profit or loss arising there from will be his own and entire responsibility. However, if the sale of the house property takes place before the full settlement of the payments as mentioned above, the sale deed can only become effective when signed jointly by Mrs. Y......us. Plaintiff herself did not claim that she ever did anything for the partnership business since its dissolution in 1267. On the other hand, the I.D.B. took notice of her unwillingness to take loan which was granted to the partnership firm. The letters is dated 4.10.68 (Ext. M) and reads as f..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
.... an assesee could claim them as his income, and, if it is not an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income and nor it was invested by him, the question of rebate or exemption from t......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....ernment of East Pakistan as it then was but it could not lake possession of the suit premises by evicting the plaintiff appellants there from. Noor Mohammad Bepari did not, however perform his part of the contract in spite of tender of the balance consideration money and requests of the plai...... each other on 22 August, 1966. The predecessor of defendant Nos. 3,5 filed Title Suit No. 90 of 1967 in the same court for cancellation of the compromise decree but the plaint was rejected for non-payment of court fee. Defendant No. 1 filed Title Suit No. 56 of 1967 in the said court agains......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)
....t December 11, 1983. Result: The appeal is 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 dec......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. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ed in this case. 2. This appeal is directed against the High Court Division's order dated 4 March 1982 in Civil Division No. 495 of 1981 reversing an order of the Subordinate Judge by which an ex parte decree dated 28 September 1974 was set aside under Order IX Rule 13 of the Civil Procedure Cod......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.......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...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... of section 345 Cr. P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have se......deration, and if, as in the present case, the complainant considers that his grievance is redressed, by the mere fact of respectable persons intervening, though he has received no money payment or even a direct apology from accused, he is, nevertheless, at full liberty to compound th...... 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. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....e, 1860 (XLV of 1860),Sections 34, 147, 149 and 436 The basis of constructive guilt under section 149 is mere membership of an unlawful assembly; the basis of the offence under section 34 is participation in an act with the common intention of doing that act. The alteration of the finding ......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. ......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)
....t for payment of the rent as it falls due and ceases to cultivate his holding either by himself or by members of his family or by or with the aid of, servants or labourers or with the aid of partners or bargadars for a period of three successive years; (d) When such inte......the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer; (c) When he voluntarily abandons his residence making any arrangement for payment of the rent as it falls due and ceases to cultivate his holding either by himself or b......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
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
.... to do so has, therefore, led to a conclusion without any basis. 6. Reference was made to the provisions of Order 41, rule 27. C.P.C. which are as follows: "27. (1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or do......he cost of construction of the huts on the case land which was incurred by the appellants. In support of their case that the holding had already been separated, two Dhakhilas dated 16.5.78 showing payment of rent for the disputed land on the basis of separated Khatians being No. 3067 and 3068 we......is sent back to High Court Division 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) 220. ..Category: Property Law | Date: | Hits: 34
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