Search Options
Judgment Advanced Search
Displaying 5441-5460 of 6460 results.
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....utta fell to the share of remaining four brothers, namely, Mohendra, Narendra, Satyendra and Rabindra. Hemendra by four registered sale deeds transferred the suit land to the plaintiffs who went into possession thereof; but the Sub-Divisional Officer illegally served the notice treating it as enemy ...... judgment and decree dated 31 March 1979 of the Subordinate Judge, Noakhali, in Title Suit No. 417 of 1978. 2. Plaintiffs-appellants filed the said suit for declaration of their title to the suit land as they found their title clouded by a Notice dated 18 April 1978 served upon them by the Sub-D......t is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......s evidence of the alleged amicable partition. 7. Judgments, orders or decrees are relevant under ss. 40,41,42,43 and 44 of the Evidence Act. "Relevant" means and relates to admissibility only. The question as to the evidentiary value of a judgment which is relevant is different from the questio..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.................Appellants 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 ......ative; but the learned Single Judge of the High Court Division in revision answered in the negative. 2. This arises from O. C. Suit No. 175 of 1978 in the First Court of Munsif, Bajitpur. The suit land was held in jote right by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali......rt is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 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 former is entitled to retain possession. This question was rightly answered by the trial Court and the appellate Court confirming right to retain ..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 ......ment may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......ing of section 15 of the Easements Act. It was also submitted that the learned Single Judge erred in not holding that the suit path being a village path joining two other pathways on its two ends, no question of easement is involved herein. 8. Mr. M.H. Khandker learned Counsel appearing for the..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......High Court Division finding the result of the election controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and..Category: Election Law | Date: | Hits: 110
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. ......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. ...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......l Appeal No. 5 of 1989. Civil Appeal No. 8 of 1989. Civil Appeal No. 17 of 1989. Judgment Badrul Haider Chowdhury J. — These appeals were heard analogously in a bunch since a common question of law of public importance has been raised as to the interpretation of Rule 70 of the Unio..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....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......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......s order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......ceeding was done in violation of the Rules the appellant continued with his litigation in the High Court Division and before this Court. Had the appellate Court's order been accepted in time then the question of giving salary from the date of the order of the appellate Court would not have arisen ..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... 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. ......e views of both need be accommodated. We have noted with appreciation that the Deputy Commissioner has indicated in his communication shown to us that "if the vendor comes up with proposal for khas land that may be made available to him on the basis of lease as per government rules." 14. It sho......ere will be no order as to costs. Ed. This Case is 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
.... 'black money' and others, was held lo be quite reasonable, and permissible under the 'equality of law' provision of Art. 14 as the privileges and immunities were offered to the class of persons in possession of black money for the purpose of unearthing the black money "for being utilized for prod......leton Vs. Texas P & L Co, 248 U.S. 152; Gulf Colorado Rly. v. Ellis, 165 U.S. 150; Shujat Ali vs. Union of India, AIR 1974, and SC 1631; the State of Madras Vs. V. G. Row, AIR 1952, and SC 196; Doland Paul Lublin Vs. Leonard Panish, US-SCR—39 L. Ed-2nd, 415-709; Bob Bullock Vs. Van Philip Cart......
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......pazilla Nirbahi-Officer. Then he moved Writ Petition No. 26 of 1988 challenging the order of the Returning Officer. The High Court dismissed the writ petition.
2. Leave was granted to consider the question whether section 7(2) (g) of the Union Parishad Ordinance is hit by the equality provision..
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......rs. 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 t......, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27...... Vs. Alfazuddin Ahmed & ors..........................Respondents Judgment May 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a ..Category: Others | Date: | Hits: 96
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......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......s allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......tory body who has brought an action challenging an order of his removal from service or even reversion from higher post to lower post. There cannot be much dispute with this broad proposition but the question in every case will be whether in the facts of that particular case a relief of temporary in..Category: Employment/Service Law | Date: | Hits: 89
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......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 18.77 acres of land, as shown in Schedule 2 of the plaint, had been purchased by the Bank in Mortgage Execution C......g void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......g the decree null and void and setting aside the sale. The High Court Division in appeal did not find any illegality in the trial court's decree. 6. Leave was granted to consider the following questions: 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....act, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. The suit was instituted in 1974 on the allegation that the plaintiff was in possession and then dispossessed by the defendant in 1376 B.S. The finding of the lower appellate co......al below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longe......e first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......f evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does not include power to review the evidence to come to a finding of its own on a question of fact, but the High Court can give a finding which has not been given by the lower appell..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......the incident. 7. The only question that calls for determination in this case is whether the conviction under section 302 of the Penal Code is justified. 8. The whole incident arose out of a land dispute. According to P.W.1 her brother Yasin had his original home at 200/300 yards away fro......This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......Nessa did not come forward to depose. In the background of the case, the trial Court and the High Court Division did no wrong in relying on P.W.1, the sole eye witness of the incident. 7. The only question that calls for determination in this case is whether the conviction under section 302 o..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....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. ..............................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while ......e is also Reported in: 37 DLR (AD) (1985) 47. ......bsolves the plaintiff of any legality……………….(15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may be joined as defendant claiming rel..Category: Civil Law | Date: | Hits: 89
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. ......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. ......ded to the High Court Division for disposal in accordance with law. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 38. ......eal shall be final, Subjection (4) then provides: "all decisions of Labour Court, other than awards referred to in sub-section (3) of section 36 shall be final and shall not be called in question in any manner by or before any court or other authority." In other words the award is..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....aintiff by kabala dated 7.9.57. Pro forma defendant No. 6 Jabed Mondal also sold some portion of the share of the jama to the plaintiff. The plaintiff and pro forma defendant No. 6 were threatened dispossession and as such they filed Title Suit No. 205 of 1958. The suit ended in compromise by the sa......ment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e. 1/3rd of C.S. plot No. 839, 832, 842, 867 and 869 and half of C.S. No. 797 and whole of ot......ther.................................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 comp......require registration, the words "and not being decree and order" in section 50 obviously refer to decrees and orders which are exempted from registration under the amended section 17(2) (vi). It is a question of fact whether the compromise has been acted upon or is covered by a decree which is a mix..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. ......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. ......Reported in: 37 DLR (AD) (1985) 27. ......tion Act and the fact that the award was given beyond four months after the reference was made was unable to accept the finding of the trial court that the parties before Arbitrator had waived the question of limitation and, therefore, the award was not barred by law and came to the conclusion t..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. ......vision on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific performance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 19......cific performance of contract is not to be granted as a matter of course………….(11) When time is made the essence of the contract under which parties thereto agree mutually to undertake certain obligations, it would, therefore, be necessary to find whose failure to carry out his obligations......his country. Other facts and circumstances showing the plaintiff's conduct were also considered in refusing specific performance of the contract. This case is, therefore, distinguishable. 13. The question, however, arises that if time was intended to be the essence of the contract, for whose d..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....e creditor can sue the guarantor in preference to the principal………………….(58) When a person contracts a loan from a banking institution by offering valuable security but retaining its possession with itself, it cannot possibly lie in its mouth to deny the liability to repay the loan ...... 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. ......to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......n. 222. 26. If, therefore, the bank did not lay any claim to sell the jute stocks which passed to the Government on taking over the appellant company, it cannot be held liable. The jute stocks in question were always in possession of the appellant company before it was taken over and remained wi..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. ......) (1984) 282. ......solute and the judgment and order of the lower appellate Court below was set aside and those of the trial Court restored. Leave was granted in the following terms: "The question raised by Mr. Md. Nurullah is whether the High Court Division was itself right in saying ..Category: Employment/Service Law | Date: | Hits: 92
18731872187118701869186818671866186518641862186118601859185718561854185318521851