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Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....a vast land, 19.56 acres in all the plaintiffs adduced no evidence about the reasonableness of their right of pasturage at its inception. They did not also produce any evidence to show what was the total land available in the village, the number of the cultivators, and the number of cattle-heads......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
.... sign any declaration of allegiance to Bangladesh. He did not apply for any Bangladeshi citizenship or passport. In view of his continued and prolonged stay in the United Kingdom and in view of his total lack of concern for either Bangladeshi citizenship or Bangladesh passport, if it transpires ...... termed as an abandoned property. Respondent’s property is not abandoned property because he has neither acquired any citizenship of Pakistan nor has ceased to manage his property and his temporary absence is not prejudicial to the interest of the Country. The Government has not made out any such ...... relevant point. As Lord Atkinson pointed out in his speech in 1928 AC 143 (at P. 164) "An Act of parliament does not alter the law by merely betraying an erroneous opinion of it." In American jurisdiction it has been said: "We are not limited to the lifeless words of the statute and forma..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......thly tenants defaulted in payment of rent as laid down in section 18(5) of the Premises Rent Control Ordinance, 1963. This sub-section, as will be seen, requires a monthly tenant to pay rent in the absence of any contract to the contrary by the 15th day of the month following the month for which r......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
.... which was identified as that of Wazed. The police investigated the case and sent up the accused persons to stand trial on charges of murder of Wazed and concealment of the dead body. Defence was total denial of their participation in the murder which, they suggested, was committed by unknown ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ..Category: Criminal Law | Date: | Hits: 45
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......ence after dispensing with their formal proof and the problem was not with regard to the ad-missibility of the documents but it raised a question as to the evidentiary value of those documents in the absence of any oral evidence supporting the defendants' case in the written statement. The present......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......86. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount to waiver so as to enti......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Bangladesh and others Vs. Dhaka Lodge Welfare Society, 1988, 17 CLC (AD)
....hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ......t the original lessee. 9. On appeal the High Court Division took the view that the trial Court misconceived the nature and the scope of claim in the suits and concluded by saying: "In the absence of any evidence that Dhaka Lodge Welfare Society was established for different purposes an......hese evidence as additional evidence which will enable the plaintiff to give challenge 10 the claim. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 86 ..Category: Property Law | Date: | Hits: 39
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......how that the offence was committed in a sudden fight in the heat of passion upon a sudden quarrel and without the offender's having taken undue advantage or acted in a cruel or unusual manner. In the absence of the foundation of fact it is now idle to suggest that Exception 4 is attracted. Indeed, a......ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....ion report disclosed the commission of criminal offences, particularly offences under section 364 of the Penal Code ; the proceeding is not barred by any provision of law and it is also not a case of total absence of any evidence the prosecution proposes to rely on to substantiate the allegation. Bo......port disclosed the commission of criminal offences, particularly offences under section 364 of the Penal Code ; the proceeding is not barred by any provision of law and it is also not a case of total absence of any evidence the prosecution proposes to rely on to substantiate the allegation. Both the......nal proceeding. But when a case is made out that that prosecution has been launched from an improper motive only to harass the accused due to personal vendetta whether the Court should exercise' such jurisdiction which has been given power to prevent the abuse of the process of any Court or otherwis..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ...... is a worker under the relevant Labour law or whether he is an employee of the Corporation, governed by its Service Rules, and whether his suit was hit by section 42 of the Specific Relief Act in the absence of any prayer for consequential relief. 6. We have heard lengthy arguments of the, learne......his connection referred to a decision of the High Court Division in the case of Jogesh Chandra Datta v. Government of Bangladesh, 30 DLR 219. There the question of implied ouster of the civil court's jurisdiction by a special law namely, the Customs Act, was considered. It was held there that "where..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
.... was missing. Taking advantage of his absence this false case was instituted against Musa Sarkar and his men out of enmity and grudge. 13. The second broad fact which has made the prosecution case totally vulnerable is the evidence of P.W.4 Mobarak himself and a finding made by the Additional Ses......nion deceased Jamshed was accused in smuggling cases. It may be recalled that the defence suggestion was that Jamshed and others were smugglers and at one time he was missing. Taking advantage of his absence this false case was instituted against Musa Sarkar and his men out of enmity and grudge. ......entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ..Category: Criminal Law | Date: | Hits: 55
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......ment did not cancel the contract by declaring it against the public interest the contract is alive and the machinery has been provided by the Defence of Pakistan Ordinance namely, the preservation of jurisdiction of Civil Court (section 16). The Civil Court had exercised its jurisdiction and passed ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......tle to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding the office and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising th..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......injured person at the hospital after he was admitted there in injured condition and observed that “at least some doubt remains that the injured Shantu might perhaps have survived in the absence of the said two major operations or would have been cured in the event of any successful ope......der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1......t constitute waiver of the respondent land-lords' right to receive rents by the 15th day of the month next following that for which the rent is payable." 8. The learned Judge observed:- "In the absence of any contract and also on the failure of the defendant appellants to prove the existence o......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......ecounting long after the election. 9. At the hearing of the appeal, however, Mr.T.H. Khan, learned counsel for the appellant frankly submitted that he does not dispute the authority and jurisdiction of the Election Tribunal to take recourse to recounting of ballots in a proper case. I..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......by the parties and also on wrong view of law taken by the learned Single Judge, in respect of the proceeding under section 19(1) of the State Acquisition and Tenancy Act. 6. As to jurisdiction of the High Court Division under section 100 of the Code of Civil Procedure to ..Category: Property Law | Date: | Hits: 44
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......the appellate court erroneously took exception for not examining him as a witness. 7. Leave was granted to consider whether the Learned Single Judge of the High Court Division exceeded his jurisdiction in second appeal in disturbing the finding of fact as to the genuineness of the disput..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......ey had made any payment and the worse situation comes when Rule 7 in the mandatory term prohibits compromise without leave of the Court which must be expressly recorded in the proceeding and in the absence of such compromise shall be voidable against all the persons and void against the minor. ......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....er Court fees "where the amount value of the value of the subject matter exceeds of Tk. 2,00,000/”- "Tk. 7100/- plus 1% of the amount exceeding Tk. 2,00,000/ but the total fees shall not exceed Tk. 15,000.00” 21. Mr. Hossain has emphasized the w......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
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