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Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....spect, the learned Judges should not have interfered into such controversial matter and resolving them by mere affidavit when questions of fact were disputed. The order of the High Court Division was erroneous. In the result, this appeal is allowed without any order as to cost. The judgment and o......d here on affidavits, we are of opinion that the Election Commission on the basis of materials before it could not prefer one result as against the other given by the Presiding Officer. In that view of the matter we set aside the impugned order of the Election Commission dated 27th April, ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....out comprehending the scheme of the Act for vesting the Election Commission with necessary powers for ensuring that the election is conducted honestly, justly and fairly had passed the order which is erroneous. In the result, this appeal is allowed. Writ is recalled. No cost. Before part......ribunal. This function has been given to the Election Tribunal and to nowhere else. The Election Commission has been given power to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administr..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......suit on 21st April, 1984 after the expiry of more than six years, and whether the High Court Division erred in law in not considering that the Civil Court had no jurisdiction to entertain the suit in view of Art. 117(2) of the Constitution of the People's Republic of Bangladesh and the Administrativ..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. ......on of the public peace. It is apparent that maintenance of the public peace being of prime concern the local administration has been vested with such a power. But in the nature of things and in view of the provisions of subsection (1) a District Magistrate cannot close down a shop for an ind..Category: Others | Date: | Hits: 125
....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
......nt further to say that this being a beneficial legislation the Court should not strike it down, rather it should presume the Constitutionality of the impugned legislation and if the Court takes the view that the purpose of the legislation, though justified, falls short to the expectation of the pu..
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......ving 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 the plaintiff the..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......iff-respondent was reverted to his previous post of Assistant Secretary with immediate effect. The order was communicated to the plaintiff on 3.3.86. The learned District Judge, therefore, took the view that the purport and consequence of the order was that the plaintiff was actually reverted to..Category: Employment/Service Law | Date: | Hits: 89
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. ......urt 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 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..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. ......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. ..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. ...... Leave was granted to consider the question whether the jurisdiction of a superior court could be ousted by necessary implication and whether the High Court Division was correct in taking the view that the jurisdiction has been ousted and in not entertaining the appeal. 8. Mr. Khal..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. ......lief whatsoever in the suit. The trial Court came to the conclusion that on the interpretation of the Solenama Ext. 2 plaintiff was entitled to 1/3rd of the suit dag and not of the suit land. In that view of the matter plaintiff's suit was decreed. The appellate Court below concurred with the fi..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. ......d Judges of the High Court Division were wrong in their finding on the point of limitation since the period of limitation mentioned in Article 3 of the First Schedule of the Arbitration Act is, in view of the provisions of section 3 of the Act, one of the conditions of the Agreement and could no..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. ......ed by them within the stipulated time, it could not be held that time, was made the essence of the contract. Appellants were permitted to add the following grounds: "For that in view of plaintiff's own case that "the cause of action for the suit arose at first on 1-12-70 when..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... Court Division the appellant company moved this Court. Leave was granted to consider the following contentions of the learned Counsel for the appellant company: "(a) That the High Court Division erroneously came to the conclusion that the control and management of the Jute Division was fully re......53) The guarantor is not only responsible for repayment of the loan his liability to repay need not even be postponed till the principal debtor fails to repay the loan. From the priority point of view in repaying the loan the guarantor may be compelled before even compelling the principal debtor..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. ......y;mended dismissal of the plaintiff. This dismissal order was challenged by way of suit. 3. The trial Court dismissed the suit. On appeal, however, the appellate Court be low took the view that the plaintiff' was an employee of the Bangladesh Jute Mills Corporation and as such the v..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....t who thereupon converted all his assets into a proprietorship and mutated his name accordingly in all relevant public documents. The decision of the High Court Division in respect of this point is erroneous since a partner's share in a partnership is a movable property under the Partnership Act. ......that the concurrent findings of facts that the firm had stood dissolved on and from 16.4.67 need not be interfered. 11. The next question whether the High Court Division was correct in taking the view that the share of the individual partner in the immovable property is to be conveyed only by ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ...... appeal in part but rejected the prayer for rebate on account of investment in bonus share of Tk. 2,200/-. This order was challenged before the Income Tax Appellate Tribunal. The Tribunal took the view that the assessee acquired 220 bonus share of the face value of Tk. 2,200/-by indirect investm..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......and 9 on the application of section 53A of the Transfer of Property Act to the facts and circumstances of the case. These grounds are as follows: "VII. For that in view of the fact that no questions of non-joinder of any party to the suit was raised by any of th..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... to the trial Court for disposal taking fresh evidence as may be necessary due to such amendment……………(20) The partnership firm is an unregistered one. It would, therefore, follow that in view of the provisions of sub-section (I) of section 69 the suit would prima facie appear to be barr..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived at the finding that there was no declaration from the court t......ourt that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived at the finding that there was no declaration from the court that summon..Category: Procedural Law | Date: | Hits: 93
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