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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... 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 ......tly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the order of the High Court Division be set-aside and of..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....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 ......of 1978. Both were disposed of by the same judgment. The only contention that was made before the High Court Division was that the learned Additional District Judge acted illegally in reversing the decision of the learned Munsif without discussing evidence adduced by the respective parties. The Hi..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....ition" is a compendium term so that time schedule ,of the election is not upset. In view of this, Mr. Pal submitted that the plenary power of the Election Commission in Rule 70 should be taken as legislative recognition of such high powered constitutional body for maintaining its supervisory jur......ther 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 be final. An Appeal has been provide..Category: Election Law | Date: | Hits: 165
....r by the learned Attorney General that the legislature understands and correctly appreciates the needs of its own people and the matter should be left to it. As a general proposition this theory of legislative supremacy is established especially in a country which has a democratic tradition and it......bers if they exceed their powers". The author further observed: "there is not much consolation here to a minority which hopes to sec its rights protected by a Constitution." Therefore, the judicial decision becomes unavoidable and the author makes his reservation by saying "the success of judici..
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....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......3 was impleaded; this right which was extinguished could not be revived by subsequent change of law providing for a longer period of limitation. Mr. Chowdhury has placed reliance upon a number of decisions in support of this proposition of law, such as AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad,..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... 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. ......Division can interfere under section 100 of the 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 no..Category: Property Law | Date: | Hits: 46
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. ......le under section 36 (3) of the I.R.O. 9. M.L.O.19 may be considered. It was promulgated on 25th May, 1982. Paragraph 2 provides— "Any person aggrieved by any decision other than an award of a Labour Court, delivered before or after the commencement of..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....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. ......cree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.) Clause 9 was amended in 1929 following a decision of Privy Council in Hemendra Kumari vs. Middnapur Zamindary, A.I.R. 1919 P.C. 79. After th..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....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. ......r as no court can by consent of the parties, assume jurisdiction which is not otherwise vested in it by law." 9. It was further observed by the learned Judges that "no decision is called for on the other point raised by him (respondent's Counsel) with regard to the ..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. ...... time is made the essence of the contract it must be performed within the time stipulated in the contract failing which the Court will not grant specific performance of the contract, he cited a few decisions. Before considering the decisions, it would be better to have a look at the conditions emb..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 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. ......payment of the loan or before proceeding to execute the decree for its repayment the creditor may seek to proceed against the guarantors or execute the decree against them. Reliance was placed on the decision of Indian Supreme Court in the Bank of Hibar Ltd. Vs. Damodar Prasad, AIR 1969 SC 7, 97. Fo..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... 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. ......vision took the view that registered deed is necessary for conveying the share. We have examined this point and it will be sufficient to mention that the view cannot be upheld. 13. In view of the decision in Narayanappa Vs. Bhaskara Krishnappa AIR 1966 (SC) 1300, which has disapproved the view t..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....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. ......s not being a portion of the total income cannot claim for exemption inasmuch section 15C postulates that the investment must be made by the assessee himself out of his own volition and independent decision whereas the investment in bonus share in question made by the Company is not such as inve..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....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. ......e law of part performance as contained in section 53A of the Transfer of Property Act. 4. Mr. M. H. Khondker, Counsel for the plaintiff-appellants, while challenging the correctness of the decision of the High Court Division and also that of the trial court concentrated his efforts ..Category: Property Law | Date: | Hits: 36
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....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.......was taken up for hearing" and that there was no declaration from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived a..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ion and clause (d) adds: "cases which according to the customary law of a community are referable to a community panchayat." This is a legislative recognition of a settlement of a dispute by a community panchayat and sub section (3) f......t it is against the public policy to make a trade of felony or compromise an offence which is not compoundable in law and that an agreement to that effect is wholly void. He further noticed a decision of the West Pakistan High Court wherein it was held that in order to settle the dispute be..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....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. ......bjections from all persons interested in the holding and shall consider any objection that may be submitted to him within the period specified in that behalf in the notice and shall record a decision. (4) Any person aggrieved by an order passed by the Revenue-Officer under su..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....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. ......espondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The case is remanded to the High Court Division for disposal. C..Category: Property Law | Date: | Hits: 34
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. ...... Court dismissed the suit on ground that the contract for sale was more probable and the defendant was not a licensee under the plaintiff. On appeal the appellate Court below affirmed the decision and dismissed the appeal. Thereafter a Second Appeal was filed and the High Court Division..Category: Property Law | Date: | Hits: 24
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......e view that the revisional applications filed before them respectively are incompetent, particularly, when the Administrator did not act as any Court subordinate to either of them. 7. The decision of the Administrator under section 44 is not however immune from challenge when a sti..Category: Trust/Waqf Law | Date: | Hits: 196
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