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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....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. ......o be given; (i) the scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes; (j) the custody and disposal of ballot papers and other papers relating to elections; (k) the circumstances under which polls may be s......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local 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......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)
....endants to allow him to join his service. His case is that he was appointed as a lower division assistant by defendant No.1, the Chief Engineer, P.H.E. Government of Bangladesh on 23.1.58. At the relevant time he was working under defendant No.4, the Sub divisional Engineer (Assistant Engineer),......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......ess without the permission of the Government……………………(7) Cases Referred To- Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P. 26; North-West Frontier Province V. Suraj Narain Anand 751. A. 342; Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371. Lawyers Involved: Abdul Wadud......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
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....cence for storage and sale of liquor within the district. Under him there used to be in every district a Superintendent of Excise for supervision of the activities of the Excise Vendors and other relevant matters. The system continued up to partition of the country in 1947. The General Clauses A...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......s also Reported in: 41 DLR (AD) (1989) 60. ...... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ..Category: Others | Date: | Hits: 125
....en one class of advocates and the rest and that this classification was irrational inasmuch as there was no nexus between the basis of the classification and the object intended to be achieved by the relevant rule. The Court observed:
"When any impugned rule or statutory provision is assail......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
......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......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
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......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......s. He denied having paid any rent at all to the 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 th...... the original owner Raghu Nath and thereafter he admitted Zakir Hossain as this landlord and upon his death paid rent to his daughter Zohora Hossain till 1957. Besides oral evidence these are the two documents on the basis of which the trial Court found that the defendant was tenant under the predec..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....ing of it after filing of a suit as has practically been done in this case. The principles governing the exercise of discretion in such matter are well known and have also been indicated above as are relevant for the present purpose. In view of the foregoing discussion we must hold that the exercise......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...... A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated and the appeal is allowed……………………(9) Lawyers Involved: Akram Hossain Amin, A......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)
....tention as to whether the learned Judges of the High Court Division were correct in modifying the decree of the trial court without finding as to whether it was wrong in its conclusions on the relevant fact as to the short landing and the conduct of the plain tiff as appeared from its witnes......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. ......med J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. ......ding certificate recorded that 5567 bags were landed short, it made no reference that 3337 bags were landed in damaged condition. The natural deductions from a consideration of these two documents' would be that unless, it could be established by the Port Authority that the fact of-sto..Category: Civil Law | Date: | Hits: 89
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 7, 1977. According to the learned Counsel, had the company raised the plea of non-resumption of Jute Division in its written statement or even at the trial the Bank would have certainly produced the relevant evidence to show that the Jute Division was created in 1972 and that its creation had no be...... 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. ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea......l property, movable and immovable, cash and bank balance, funds, investments and all other rights and interests in, or arising out of, such property, and all books of accounts, registers, records and documents of the Bangladesh Jute Corporation, hereinafter referred to as the Jute Corporation shall ..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....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. ......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. ...... Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of la......laintiff was charge sheeted as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plaintiff eventually found the appellant guilty of misappro..Category: Employment/Service Law | Date: | Hits: 92
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. ......, 1967 all the profit and loss of the business credits and Loans due to and/or from China Face will have no concern with Mrs. Young Ching whatsoever. 6. Mr. Liu Ten-Ping will advertise in the newspapers to secure customer for the sale of the house property situated at "Motijheel". The price of w...........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 the partnership is still continuing is devoid of any ......uently, her interest in the land and building stood transferred to the appellant who thereupon converted all his assets into a proprietorship and mutated his name accordingly in all relevant public documents. The decision of the High Court Division in respect of this point is erroneous since a par..Category: Business or Commercial Law | Date: | Hits: 114
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. ......ial court as well as High Court Division is that they were aware that the suit premises was requisitioned by the Government for the accommodation of Government employees. They could not produce any papers whatsoever to show that the same had been derequisitioned and that they had been ...... Judgment January 10, 1984. 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.......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)
....ittee of the Privy Council bad the occasion to consider the limits on the Court's powers to amend the case of Ma Shwe Mya Vs. Maung Mo Hnaung, AIR 922 PC 249 corresponding to ILR 48 Cal. 832. The relevant passage is as follows: "All rules of Court are nothing but provisions intended to secure......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. ...... 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 dissolving the f......spondent 1 had no share in Mahabir Cinema Company or its properties. (d) Taking advantage of temporary absence of the appellant, respondent 1 managed to create some false, forged and fabricated documents to deprive the appellant of his rights in suit properties and to usurp the same. Responden..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... 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. ...... 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. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors...... Courts and the Court is not concerned with the nature of value of the consideration. ………….(21) The plaintiff cannot make a grievance to invalidate the documents executed by him in pursuance of a compromise……………&hell..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....e before us. 3. The prosecution case originated from an incident which took place on 4 March, 1969 in the country house of P.W. 11, Nurul Huda, who ordinarily resides in Dhaka city. At the relevant time he was a member of the District Council. In connection with the shifting of a Charita......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. ......FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh..............................Appellant Vs. Abed Ali and ors.......................Respondent Judgment April 11, 1984. The Evide......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)
.... in these circumstances. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is irrelevant. There is no legal presumption as to maternity and it is a question of fact. Per Shahabudd......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. ......rn in the womb of Gouri 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 ......died intestate lies upon the Government. That Misc. Case is not before us nor any order passed therein has been challenged in this suit. Plaintiff-appellant examined three witnesses and filed some documents. She deposed as P.W. 1 claiming that she was born of Gouri Dasi and has been living with ..Category: Property Law | Date: | Hits: 112
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....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. ......efore the Court should be formulated with precision and for this purpose every facility will be afforded to the parties and their legal advisers to examine accounts, vouchers and all connected papers so as to enable them to draw up their objection and the Executing Court upon consideration .......A. Gani, Advocate & ors …..............................Respondents Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody......tely thereafter. Hence the sole receiver Khawja Abdul Gani continued to function as a receiver in 1979 the Board of Trustees were constituted after duly held, election and in the meantime documents in question were also registered. Hence the appellant again prayed for delivery of posses..Category: Property Law | Date: | Hits: 39
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....e. So the crux of the whole matter is whether the proviso to the general exemption shall apply in this case. 3. The Income-tax Act has under gone several amendments since 1951. So only the relevant provisions will be reproduced to appreciate the point raised in this case. Sub-sectio......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. ......rom income tax. The Impugned assessment being prior to the amendment, the exemption is not available to the respondent. The Decision of the High Court Division granting such exemption is set aside and that of the Tribunal refusing any exemption is restored…………..(13 an......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
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... liable to be rebutted by proof of suspicious circumstances surrounding the will. In this case, it is not contention of the caveator that the testator had no testamentary capacity at the relevant time; rather she contended than her husband was not suffering from any paralysis or a......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ...... being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Haricharan to third parties a few years before his death. The thumb impressions in those registered documents were taken by the learned District Judge as "standard thumb impressions of Harichar..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....subsequently withdrawn to make further efforts for the release and restoration of property. The Deputy Commissioner, Dhaka, who is the prescribed Authority held thorough enquiry, inspected relevant documents, examined witnesses and thereafter submitted a report to the Government expressi......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..............Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment August 3, 1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972......Hence, the appellant wrote a letter on 16th November, 1976 to the Ministry of Works which, by their Memo. No. SEC-XVI/IF-98/72/90 dated 19.1.77 requested the appellants to produce the original documents. This was duly complied with. By their Memo. No. SEC-XIV/2P-3-13/72/196 dated 26.2.77 the..Category: Property Law | Date: | Hits: 47
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
.... appointment, the learned Judges of the High Court Division wrongly observed that "the appellant No. 1 was not altogether against the appointment of receiver". The Counsel referred to the relevant paragraphs from the written objection against the prayer for appointment made in the peti......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......d, therefore, be exercised only in extreme cases. Where there is not merely apprehension of possible danger but the peril or danger to the property in question appears to be great and imminent, such appointment may be made………….(13) There is no ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
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