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Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....petitioners, as already stated, are elected President and Secretary respectively. 4. The post of a TC Muharrar is a non-Government post; but the lowest Government post in the Registration Department is of permanent Muharrar. It has been alleged that as per Bangladesh Service Rules for the......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....ty was correct. Mr. MH Khandker, learned Counsel for the, appellant, contended that the plaintiff was not a Government Servant, that he being a co‑sharer by exchange and there having been no partition of the suit land, the order of cancellation of his settlement was arbitrary and illegal a......he suit land and so he applied for taking settlement of the same and was allowed settlement by defendant No. 2 by his Memo No. 290 dated 18.5.72. Thus he has been in possession of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally......nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ..Category: Property Law | Date: | Hits: 80
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... MA Wahhab Miah, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record -For the Appellant. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 2. Ex parte - Respondent No. 1. &nb......cts of the instant case are different from those reported in the two cited decisions. Here, the complainant's case is that he, in good faith, delivered the jute on the accused's inducement of part payment and specific promise to pay the balance within three days. From what has been alleged in th...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....e 13, 1994. Result: The appeal is dismissed. Relationship between the Artha Rin Adalat Ain, 1990 and the Code of Civil Procedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be......g of the said final order to the High Court Division only on depositing half (now 25%) of the decretal amount. Section 8 also imposes a restriction on the Artha Rin Adalat to allow instalments in the payment of decretal dues………………………………….(10) The Adalat Act, however, doe......ter‑claim was not maintainable. 9. During the hearing of the appeal it was not disputed by either side that the Adalat Act is a special legislation providing for special measures to realise the loans given by financial institutions. The Preamble of the Act recites that the Act has been enacted..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....n the Official Gazette, appoint. 2. Definition of "dowry".‑In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party t...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....t to the Subordinate Judge, Dhaka, who was an Arbitrator appointed by the Government under section 7(b) of the Act. Thus Arbitration Case No. 333 of 1984 started. The Arbitrator, after hearing the parties, gave his award on 28 May 1985. In this award compensation determined was Taka 37.71 lakh a......d to the respondents within three months from the date, failing which, this amount will carry interest at the rate of 10% till it is realised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also rep......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... 1 made certain statements with regard to the merit of the Rule itself. The appellants filed an affidavit-in-reply thereto. 4. The learned Judges of the High Court Division after hearing the parties held by its judgment and order dated 3.8.92 that in appropriate cases a court exercising wr......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....ian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and got an ex parte decree of permanent injunction. Proforma-defendant 3 was not impleaded in the said suit. The ......ate of Taka 17.50 paisa in respect of the suit premises in the court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereafter stopped payment of rent to court also. The plaintiffs served quit notice under section 106 of the Transfer ......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....r documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was further alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly, it prayed for a direction in the......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....y is enforceable by law. The word 'contract' may, therefore, mean either an oral or a written contract. In the Conciliation Court Ordinance the word contract' has not been qualified in any way, in particular, whether this is to mean and include only a written contract. In this context, it must, ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....d they have taken oath at the first available opportunity on the very first day appointed by the Deputy Commissioner, namely, on 15.4.92. The writ petitioner has not made the Deputy Commissioner a party to the writ petition and therefore the matter has been decided in the absence of a necessary ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties therein and, as such, the sale is a nullity and the minors were not represented in the said...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....dditional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate the cases of the parties, in brief, as will be relevant for disposal of these appeals, plaintiffs filed the suit for ......s such some material facts were not stated in the written statement and therefore prayed for adding the additional fact that defendant No. 1 took settlement of the suit premises on permanent basis on payment of salami of Taka 65,000.00 from late Abdus Sobhan on condition to reconstruct the premises ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....2. [In Civil Appeal No. 51 of 19891 M Nurullah, Senior Advocate, Supreme Court, instructed by B. Hossain, Advocate-on-Record -For Respondent No. 4. [In Civil Appeal No. 51 of 1989] Ex-parte-Respondent No. 3. [In Civil Appeal No. 51 of 1989] Shamsul Hoque Chowdhury, Senior Ad......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....efflux of time. 19. The trial Court held that with the expiry of the term of lease on 31.10.84 and in the absence of a fresh agreement of lease, the relationship of landlord and tenant between the parties had come to an end and the appellant had no legal right to stay in the demised premises. Dis......not maintainable as no notice under section 106 of the Transfer of Property Act was served upon the defendant; that the lease in question was not a periodical lease and that he was not a defaulter in payment of rent as he regularly deposited the rent in House Rent Case No. 367 of 1984. 4. The lea......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....); Bengal Nagpur Rly Co. Vs. Rattanji Ramji, AIR (1938) (PC) 70; AZ Co. Vs. SM Bakhsh, 17 DLR (SC) 404; (17 DLR, SQ; Engineer Galimala Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Secretary, Irrigation Department V GC Roy, AIR 1992 (SC) 723; Jena's case (AIR, 1988); Jugal Kishore Sharma Vs. Vijayendra ......ator's award is made a rule of the court. There was no such law in India also till 1978, when the Interest Act, 1839 was repealed and re-enacted by the Interest Act 1978. This Act primarily governs payment of interest by a Court. But in the definition of "Court", "Arbitrator"......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....may contain both favourable and adverse matters against the Managing Committee which has every right and justification in relying upon the favourable contents in the report in its reply. 9. Apart from the purely technical ground that the petitioner-respondents were not entitled to a copy o...... of the enquiry report without which they could not prepare an adequate reply. It was the defence of the Registrar‑ respondent that copy of the enquiry report cannot be made available without payment of required Court fees and in spite of the said respondent’s readiness to provide cop...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....n to the proper Court, inter alia, alleged that the Court at Moulvibazar has no jurisdiction to entertain the suit because the agreement (dated 10.3.9 1) referred to in the plaint was executed by the parties at Dhaka, 2) none of the parties is a resident within the jurisdiction of the Court and 3) n......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
.... 18, 1983 possession of the said land was handed over to the owner Tarini Kanta Das' Respondent No. 1, thereafter, filed an application before the Joint Secretary of the Ministry for review of the ex parte order dated July 10, 1983. The review petition was contested by Tarini Kanta Das, After findin......igh Court Division. Again, there is nothing on record to indicate that the resumption proceeding was completed by strictly following the terms of clause 7 of the deed of transfer as to re‑entry and payment of compensation to the requiring body on such re‑entry. 9. In substance the appellants......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....pellant Vs. Sonali Bank .........................Defendant-Respondent (In Civil Appeal No. 51 of 1992) Judgment December 9, 1993. Result: Civil Appeal No. 50 of 1992 is allowed in part. Civil Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
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