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Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ...... respectively making Rules Nisi absolute. The main judgment was passed in Writ Petition No. 1587 of 1984 out of which arises Civil Appeal No. 67 of 1997. Since identical question of facts and law are involved all these appeals are being disposed of by this common judgment. 2. The cas..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....tion of the constitution of 1956. 4. On 24 May 1960 Ordinance IX of 1960 was promulgated, amending the Act by adding a new section 10A and on 7 February 1962 on further amendment of the said provision by Ordinance IV of 1962 it was provided that where the rent receiving interests held und......) (Third) Order, 1972 briefly President's Order No. 90 of 1972 came into force. Article 2 of this Order provides as follows: "Notwithstanding anything contained in any other law for the time being in force, on the commencement of this Order, all suits, appeals, applicatio..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... by a Division Bench of the High Court Division rejecting the Memo of Appeal, F. A. T. No. 177 of 1996, on the ground that the half of decretal amount which were required to be deposited under the provision of Artha Rin Adalat Act, 1992 was not paid in time before filing the Memo of appeal. ......151 of the Code of Civil Procedure prayed for registration of the appeal but the learned Judges of the High Court Division upon taking an erroneous view that the Artha Rin Adala Act being a special law Section 5 of the Limitation Act having not been made expressly applicable by the said Act reje..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....r of his state. 3. True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they are enforceable in national courts. The loca......ersal Human Rights norms, whether given in the Universal Declaration or in the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated into the domestic law, they are enforceable in national courts. The local laws, both constitutional and statutory, are..Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......s specifically aggrieved were made parties and therefore the error apparent on the face of the record is the failure to see that there has been a substantial compliance of the requirement of law. More so, because the respondents contested the case and did not object to the non-join..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ......r specific performance of contract and the decree passed against them have been rejected by both the trial court as well as the appellate court below and the learned Single Judge is in an error of law in not taking into consideration this material point decided by the courts below while reversin..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....cation no ground relating to non-joinder of the party was raised, it appears for the first time in the course of hearing of the Rule question of non-joinder of the party was raised. 14. The provision of order 1, Rule 9 of the Code of Civil Procedure reads as: "No ......d non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as to the extent of jurisdiction of the High Court Division under Section 115(1..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....Single Bench of the High Court Division in passing the impugned judgment did not consider the over all supervisory control of the father, the natural legal guardian and hence did not make any provision for the father to see the minors at suitable intervals and hence the impugned judgme......d to go to their father forthwith is maintained. The appeal is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 357. ..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....Section 6 of Act. Transfer of a property to meet expenditure of marriage of sister does not construe usufructuary mortgage as contemplated under Section 6 of the said Act. 14. From the provision of Section 6 as mentioned above it further appears that, if any building (ই......enue) the appellants moved the High Court Division in Writ Petition No. 1465 of 1991 and the rule was made absolute declaring the order of the Additional Deputy Commissioner (Revenue) to be without lawful authority and of no legal effect. After the judgment and order in the aforesaid writ petiti..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....of the suit, the decree was obtained by fraudulent suppression of summons and that by resorting to a partition suit the respondent (plaintiff in that suit) got his title established by avoiding the provisions of Ordinance No.I of 1964 which barred the filing of any declaratory suit in respect of......ned by, them in their suit for setting .aside the decree of a previous partition suit, namely, T.S. No.21 of 1965, has been reversed on correct appreciation of facts and proper application of law. The plaintiffs' suit, namely T.S.No.93 of 1966, was decided by the trial Court namely, the Sec..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....tioned here that the lower Appellate Court allowed the appeals and refused pre-emption mainly on the ground of limitation. But in coming to this finding the lower Appellate Court ignored the legal provisions that limitation starts from the data of registration of the sale-deeds, exts. A4 an......n these appeals is whether the pre-emption has been allowed under section 24 of the Non-Agricultural Tenancy Act, 1949, to the respondents on correct appreciation of fact and proper application of law. 2. Respondents, Pre-emptors filed two proceedings, Miscellaneous Cases Nos. 250 of 1974..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....atute………(6) Inspite of repeal of President's Order No. 50 of 1972 and in spite of submission of the charge-sheet after the said repeal in accordance with the provisions of clauses (c) and (e) of section 6 of the General clauses Act, the present proceedings ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172.......pala Rani Sen and others……………Respondents Judgment August 15, 1984. The Civil Procedure Code, 1908 (V of 1908), section 100 Misreading of evidence is a mixed question of fact and law, and as such the High Court Division erred in law in the interfering with the finding of the Cou..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ......in favour of the persons in possession. 7. Mr. Fazlul Karim, the learned Counsel, appearing for the appellants argues that the learned Judge of the High Court Division committed an error of law by entering into a complicated question of title in a case which is to be decided solely on the..Category: Property Law | Date: | Hits: 28
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....mits of no other defence than the consideration whether the document was executed by the person by whom it is alleged to be executed. 6. Section 77 is to be understood in the light of other provisions of this Act. Part XII deals with cases on refusal of registration. Section 72 provides f....... The Court in a suit under section 77 merely confines it§ inquiry as to the question of execution of the deed. The decision in Rashiuddin Vs. Naresh 8 DLR Dhaka 648 made correct exposition of law and we have no hesitation in placing reliance on it 8. The argument of Mr. Gholam Rabba..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
.... (Act No. IX of 1908), section 14 read with section 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceed......I of 1962), section 32 (3) The Limitation Act, 1908 (Act No. IX of 1908), section 14 read with section 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act ..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....d fallen to the vendor's share in partition and a tin-shed was a non-existence and the registration at Dhaka would have been invalidated were it not for the fact that there was a further provision that if the partition should prove to be invalid the deed should take effect as a sale pr......ct. This legal aspect of the matter had not been taken into consideration by the learned Court of appeal below causing an error affecting the merit of the case and it cannot stand the scrutiny of law." Analysis of the evidence shows the plaintiff's possession of the suit la..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....s Act, 1877 (IX of 1887), section 17 (1) read with Order IX, rule 13 of the Code of Civil Procedure, 1908 (Act No. V of 1908) The appellant is found to have willfully neglected to comply with the provision of section 17 (regarding deposit of the dues or furnishing security bond) even when the de...... not made or bond was not furnished at the time of presentation of the application, the application was not maintainable. Still the appellant did not take any step to comply with, the requirements of law rather he took two more adjournments for hearing of the application and one of the application..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....s appeal against the acquittal. The accused respondent is convicted under section 302 B.P.C. and sentenced to transportation for life. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 167. ...... evidence unless it is shown that the inferences drawn from the evidence are perverse and the benefit of doubt given by the Appellate Division was not in accordance with the established principles of law…………(17) The order of acquittal passed by the High Court Division not being based on c..Category: Criminal Law | Date: | Hits: 64
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