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Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)
....lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......in Criminal Appeal No. 723 of 1987 (Dhaka). 2. The appellant was convicted by the Divisional Special Judge, Rajshahi, by an order dated 16 September 1987 and sentenced to rigorous imprisonment for 5 years and also to fine of Tk. 90,000/-(ninety thousand), in default to rigorous imprisonment......lant will continue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ......The order is set-aside and the appeal is allowed. The appellant will continue on bail and realisation of fine be stayed till disposal of the appeal in the High Court Division………………..(4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-..Category: Criminal Law | Date: | Hits: 53
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......on 42 The plaintiff-appellant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ion of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum. ………………..(6) Lawyers Involved: T.H. Khan, Senior Advocate, M.A. Wahab Mia, Advocate with him, instructed by Sy..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....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......d his heirs Jairun Nessa & ors............Respondents Judgment November 8, 1988 The Code of Civil Procedure, 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of......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......llants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance with law…………………(8) Lawyers Involved: Mahmudul Islam, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record—..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......ot be admissible in evidence”….(12) Secondary evidence of a document is admissible in the cases specifically mentioned in s. 65 of the Evidence Act and if the original is not available, reason for non availability must be given…………………..(14) Though objection was not raised whe......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......Kuer and others, AIR 1937 PC 69, Collector of Gorakhpur v. Palakdhari Singh (1889) All. 1, F.B., Abdullah and others V. Abdul Karim and others, 20 DLR SC 205, Nani Bai V. Gita Bai, AIR 1958 SC 70. Lawyers Involved: S.R. Pal and M.H. Khondkar, Senior Advocates instructed by Miah Abdul Gafur, Ad..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 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 former is entitled to retain possession. This question was rightly ans...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... 40; Sefatulla Sheikh v. Mst. Abjannessa Bibi, 5 DLR 39; Kumudini v. Rashik, 11 CWN 517; Kameswari Dasya v. Sishuram Deka, AIR 1924 Cal. 792 and Ram Ray Singh v. Rajendra Singh, AIR 1943 All. 247. Lawyers Involved: T.H. Khan, Senior Advocate, (MA. Wahab Miah, Advocate with him), instructed by ..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 ......y 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 disputed property, bu......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 ...... Maha Dev AIR 1962 Punjab 299, Parbhawati Devi vs. Mahendra Narain Singh AIR 1981 Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202, State of Bihar vs. Subodh Gopal AIR 1968 SC 281. Lawyers Involved: M.H. Khandker Senior Advocate (A.J. Mohammad Ali, Advocate with him) instructed..Category: Property Law | Date: | Hits: 36
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. ......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 raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Election Tribunal and ......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. ......hmed vs. Ghulam Ali 15 D.L.R. (SC) 283, Mohinder Singh Gill and another Vs. The Chief Election Commissioner A.I.R. 1978 (SC) 851, Akbar Ali vs. Raziur Rahman Khawaja and others 18 D.L.R. (SC) 426. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advoc..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......nt Nos. 2-5 Civil Appeal No. 8 of 1988. Judgement: M. H. Rahman J.—Respondent No. 1 Mohammad Akkel Ali instituted Title Suit No.266 of 1980 in the Court of Munsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short......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......(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 Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Adv..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. ......), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary for preservation of public peace. However he cannot close down...... 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. ......to shut down the shop. The appellant be permitted to continue his business in the present shop in the restricted manner as agreed upon earlier, till the shop is shifted…….…………….(14) Lawyers Involved: S.R. Paul, Senior Advocate, instructed by Kazi Ebadul Huq Advocate-on-Record—..Category: Others | Date: | Hits: 125
....nged. By Section 2 of Act II of 1975, the comma and all the words after the word ' "guaranteed" in Art. 11 were omitted. Two years after with a view to promoting Local Government institutions the Proclamation (Amendment) Order, 1977 (Proclamations Order No. 1 of 1977) substituted old Art. 9 by t......esult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad O......the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......75; Kotch Vs. River. Port Pilot ‘Comm’rs (1947) 330 U.S. 552; West Coast Hotel Co. Vs. Parrish, (1936) 300 U.S. 379 at page 400; AIR 1955 SC 166; R.K. Garg Vs. Union of India AIR 1951 SC 2138.
Lawyers Involved:
Khandker Mahbubuddin Ahmed, Senior Advocate (Fida M. Kamal, Advocate with him..
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......hbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. C. A. No. 18 of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the appellant in this appeal by leave. 2. The suit being S.S......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......e defendant cannot evade ejectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him, instructe..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......njee & another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to t......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......r 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, Advocate-on-Record— For the Appellants. Mahbubur Rahman..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......is 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 windin......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......…….(9) Cases Referred to- Official Receiver and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra Fodder, 27 DLR (AD) 133; AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad, 645; 9 DLR 1. Lawyers involved: Hamidul Huq Chowdhury, Senior Advocate (Abdus Subhan and B. Hossain Advocates w..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......he C.P.C with finding of facts of the first court of appeal, if there is any error of law or procedure committed by the court below effecting merit of the decision. Misreading of evidence is a ground for interference, but misappreciation of evidence is not. High Court's power in second appeal does n...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......th the decision of the lower appellate court. The impugned Judgment is thus not sustainable in law…………(6 & 9) Case Referred to- Erfan Ali V. Joynal Abdein Mia, 1983 BLD (AD) 342. Lawyers Involved: Rafiqur Rahman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Recor..Category: Property Law | Date: | Hits: 46
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. ......of cement in shed No. 5, nor is there any evidence to prove that this fact was brought to the notice of the plaintiff. Under these circumstances it cannot be held that the plaintiff was responsible for not taking delivery of 3337 bags of cement. The position, of course, would have been d......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. ......on of fact and law is involved in a suit, all persons may be joined as defendant claiming relief against all……………………….(15) Lawyers involved: B. N. Chowdhury, Advocate, Jane Alam, Senior Advocate Shaheed Alam, Advo..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. ......rdinance No. XXIII of 1969), sections 36 and 36 (3) The Labour Court has the same process as are vested in the Magistrate, First Class, under the Code of Criminal Procedure but “for the purpose of appeal from the sentence passed by it, it shall deemed to be a Court of Sessions......t the appeal was not maintainable on the ground that the jurisdiction of the High Court Division to entertain such appeal which was vested under section 36 of the I.R.O. had been ousted by the Martial Law Order No. 19 of 1982 and therefore the said appeal was not maintainable. 7. Le......unishment is given and sentence is recorded then for the purpose of appeal it shall be deemed to be a court of Session under the Criminal Procedure………….(12) Lawyers involved: Khalilur Rahman, Advocate instructed by Syed Sakhawat Ali, Advocate-on..Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ......equire registration……(6) Solenama was given effect to and construction of the solenama by the two courts below clearly shows that the entire dags were subject-matter of the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Re......ation. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ...... the compromise. Therefore clause 6 covers the case and the document is exempt from registration……….(7) Case Referred to- Hemendra Kumari vs. Middnapur Zamindary, A.I.R.1919 P.C. 79. Lawyers involved: M. H. Khondker, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-..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. ................................................Respondent. Judgment February 1, 1984. The Arbitration Act, 1940 (Act No. X of 1940), Article 3 of the First Schedule Time for award is four months When the arbitration proceedings continued beyond four month......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. ......67 Lah 204; Seth Shabhu Nath vs. Sm. Surja Devi, AIR 1961 All. 180; Ganesh Chandra Misra vs. Artatrana Misra, AIR 1965 Orissa 17; Md. Ismail Serang vs. Munshi Ali Hussain (1954) 6 DLR 641. Lawyers involved: A.W. Bhuiyan, Additional Attorney General (B. Hossain, Assistant Attorne..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... 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. ......he plea that the security on the basis of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s personal liability for repayment of a loan, even though the principal debtor remains liable for the same. The creditor ...... 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. ......ces, the Court's discretion must be exercised in favour of the appellant company. This Court, therefore, disallow the interest outstanding for the period during the pendency of the suit……(69) Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmul Islam and Shaheed Alam, Advocates ..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. ......dvocate instructed by Syed Sakhawat Ali, Advocate-on-Record-For the appellant. Asrarul Hussain Senior Advocate, Khalilur Rahman, Advocate, instructed by S. M. Hug Advocate-on-Record—for respondent Nos. 1 to 7. Civil Appeal No. 75 of 1983. (From the judgment and o......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. ......t when the domestic Tribunal has recorded such a finding……..(4) Case Referred to- New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. Lawyers Involved: M. Nurullah, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Recor..Category: Employment/Service Law | Date: | Hits: 92
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