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Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......e, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in allowing the restoration and no such purpose is apparent on restoration in this case, the court is reluctant to restore and a......and also while rejecting the application for restoration the merit of the appeal was taken into consideration by the learned Judge. But then it has also been found that 'there was no satisfactory legal plea on the part of the plaintiff-appellant which prevented him from attending court when the ..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....ion by a single judge of the High Court Division, Sylhet Bench by the impugned order dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the cas...... of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....em by the Sub-Divisional Officer, Feni, treating the suit land as Vested and Non-Resident Property and asking them to surrender it. Their simple case was that the suit land was not an enemy or vested property and as such the Notice for surrendering it was illegal and void. 3. The suit land origin...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen......an assertion by the holder of the judgment of the right which he claims to acquire and is then admissible in evidence of his right. “Secondary evidence e.g. Photostat copy, which is not even proved legally, could not be admissible in evidence”….(12) Secondary evidence of a document is admis..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Shahabuddin Ahmed J. — Plaintiffs are the appellants and this appeal has been brought by special leave to consider a question of considerable public importance. It is whether a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof, well de...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: 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 fo......whether a co-sharer in ejmali property, when he has been in exclusive possession of a specific and separate share thereof, well demarcated by boundaries, is entitled to retain his possession till legal partition, by an order of injunction against another co-sharer who threatens him with disposse..Category: Others | Date: | Hits: 106
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... speedily known. There is another reason why the Court declines to enter into these questions because in such cases there are bound to be serious disputes on questions of facts which can not be properly decided in the writ jurisdictions. If it was to do so, it would enter into a field of i......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......ballot papers and other papers relating to elections; (k) the circumstances under which polls may be suspended and fresh polls may be held; (l) the election expenses; (m) the corrupt or illegal practices and other election offences and penalties thereof; and (n) any other matter con..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....lic Health Department, Barisal Division, contested the suit by asserting, inter alia, that the suit was not maintainable and that the plaintiff was discharged from his service according to law by proper authority. The defendants' case is that the plaintiff left office on 21st June 1975 after sub......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...... 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 way of salary from the employment or as profit from business i..Category: Employment/Service Law | Date: | Hits: 103
....iness concerns including a brick manufacturing industry and a transport business, that he obtained two loans of Tk. 7, 67,000/- from Janata Bank and one loan of Tk. 15, 000/- from Krishi Bank against proper securities by mortgaging his two residential buildings in Gopalganj town and landed propert......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......tatute jurisdiction of this Court. When the constitutionality of a statute is challenged the members of the Parliament are not arraigned before the Court. When the Court strikes down legislation no legal consequence follows affecting the members of the Parliament. A member of the Parliament is n..
Category: Election Law | Date: | Hits: 212
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...... 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......tion that the order of the defendant-appellant No. 2 reverting the plaintiff to the post of Assistant Secretary from that of the Deputy Secretary of the Bangladesh Sericulture Board, Rajshahi was illegal, void and without jurisdiction and he was still the Deputy Secretary of the said Board. The pl..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....was appointed by the Board of Directors as Director in charge of the bank under the Scheme of Arrangement, executed two Deeds of lease in favour of Defdt Nos. 1 and 2 transferring certain immovable property of the bank on 14.6.1954 for a total consideration of Rs. 21.000/-. This property measuring......d this 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 wi......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 legal formalities. Defdt. No.3, the auction-purchaser, contested the suit by filing a separate wri..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... land from the C.S. recorded tenant Nabin Chandra Mondal at a jama of Tk. 3/12/- anna in 1329 B.S. Radha Prasanna Biswas and others, possessed the same after settlement and thereafter exchanged the property with the plaintiff in 1356 B.S. and executed a general power of attorney in favour of plain......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of......s in possession and then dispossessed by the defendant in 1376 B.S. The finding of the lower appellate court being that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Divis..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. ......cers’ Co-Operative Union Ltd. ...............Respondent Judgment June 3, 1984. The Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969), sections 36 and 36 (3) The Labour Court has the same process as are vested in the Magistrate, Firs......ower as are vested in the Court of Magistrate, 1st Class under the Code. The Legislative intendment for the purpose of appeal is to take away it from the ambit of Code of Criminal Procedure and by legal fiction makes it a court of session for which under Code of Criminal Procedure an appeal lies..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
.....................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of compromi......ts. Vs. Taser Ali Fakir & another.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires ......was observed: ''Though the whole dags were not the subject matter of the suit the plaintiff claimed in that suit by compromise the said dags were divided among the parties which was quite legal and it cannot be said that only the lands of the suit were divided". It was also noti..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... award cannot become invalid in the instant case due to the mere fact that it was not given within four months, the reason being that the appellant did not raise, this objection at the proper time and rather acquiesced in the continuance of the Arbitration proceedings, led evid......on proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge...... favour of the appellant for realisation of the aforesaid amount. 4. Respondent filed suit for setting aside the award on the grounds as follows: "(1) The award is illegal and void having been passed beyond 4 months after the reference; (2) As per ter..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....nistrator recklessly dealt with the asset's and stock of the Appellant. The hypothecated stocks were always sufficient to the advances actually from time to time and after Administrator was appointed proper evaluation of the hypothecated stocks was never made with notice to the director of the appel...... 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...... appellant company it was restored for hearing on October 9, 1980. 5. At the hearing of the suit, it that the appellant company's principal defence, among others, was that the Sonali Bank was not legally entitled to recover the debt payable to the National Bank of Pakistan as it had not taken ov..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
.... for which no action for declaration or illegality of the order of dismissal from service in a Civil Court or in the Writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for damages for wrongful dismissal." In this case positive al...... 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......court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary and of no legal effect and that the appellant was still in service under resp..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... the judgment and order of the High Court Division in F.A. No. 94 of 1979. 2. Leave was granted to consider the question namely upon the dissolution of the partnership whether the immovable property can be considered as the property of the individual partner and whether such property can b...........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 ...... 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. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....er of application. The argument of the Assessee rests on fallacy. His argument proceeds on the basis that this bonus share though have been allotted to the shareholders by the Company are the property of the assessee or of the individual shareholder. The argument breaks down because Ex......ax. Bonus shares are "deemed to be income accruing to the Company during that year." If the bonus share is the income of the company, how 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.&nbs......otted to the shareholders by the Company are the property of the assessee or of the individual shareholder. The argument breaks down because Explanation 4 has advisedly added by making a legal fiction that it will be a part of the income accruing to the Company. Since it is an income o..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
.... suit premises by adverse possession……..(16) The appellants entered into the premises with the permission of the owner who allowed it to be requisitioned by the government. The property is still under acquisition. The suit is for the declaration that the impugned compromise ...... 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.......cree of the trial court "with modification to the effect that the findings of the court below so far as the claim of the defendant No 1 and defendants Nos. 3-5 are concerned will be of no legal effect are set aside". 3. Being aggrieved plaintiff-appellants moved this Court..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....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 structures and business. Averments made in 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 dissolving the f......issolving the firm. Whatever bar was imposed by the provisions of sub-section (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 t..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ange of lands and accordingly litigations were withdrawn. The suit is liable to be dismissed. 5. The trial court noticed that there were "litigation between the parties” over the property which admittedly belonged to Haji Mohan Ali and Abdul Hoque. Both sides placed before the...... (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...... circumstances to be decided by the Village Court. The decision of the Village Court either by the unanimous or by majority opinion shall be enforceable and section 14 bars the appearance of a legal practitioner. The composition of the Village Court provides that two members to be nominated..Category: Property Law | Date: | Hits: 42
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