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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....d, or not, if they are co-sharers in the joint land, remedy by way of injunction would not be available to one co-sharer against another. The learned Single Judge observed: "It appears from the facts as stated in the plaint that the defendant no. 1 got some portion from Ahad Ali, one of th...... 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 with dispossession the fo......xclusive possession of the plaintiffs in any specific share of the property which, he claimed, remained 'ejmali' and as such no injunction can issue against him. The trial Court on consideration of evidence adduced by both the parties found the plaintiffs to be in exclusive possession of separat..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 ..........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be a...... from time immemorial." In this view of the matter, the suit was decreed. "The plaintiffs' right of easement over the suit pathway is declared." 5. On appeal the Appellate Court considered the evidence exhaustively and found that the plaintiffs had recently purchased the plot in the localit..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into such cont......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local 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......wed. The Local 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 Elect..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
.... engaged in that work only for 2/3 months after the order of discharge. 6. In support of appellant's new contention reliance is placed on Saleh Ahmed vs. Bangladesh 36 DLR (AD) 1984 P.26. The facts of that case are distinguishable from those of the instant one. In that case it was held tha......ess without the permission of the Government……………………(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......uld be entitled to arrear salary excluding the period of unauthorised absence. 7. Though the defendant appellant took the plea that the plaintiff worked elsewhere during his absence from duty no evidence was led in this regard. The plaintiff only admitted that he worked only for 2/3 months. I..Category: Employment/Service Law | Date: | Hits: 103
.... laws or lax laws, or eminent domain laws, but permits to them the exercise of a wide scope of discretion, and nullifies what they do only when it is without any reasonable basis. If any state of facts can reasonably be conceived to sustain a classification, the existence of that state of fa......ualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......learned Judges of the High Court Division by an order dated 1 February, 1988 summarily dismissed the Writ-petition observing that when the Upazilla Nirbahi-Officer, appellate authority, held on the evidence of two Bank Managers that the appellant was a defaulter there was hardly any ground for i..
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......s. 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 th......ther case is that since they failed to show any valid document the defendant did not admit them as landlord nor paid any rent. 6. The S.C.C. Judge upon a consideration of both oral and documentary evidence found that from Ext. 5 series and Ext. 11 it was clear that the defendant had been a mont..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....g 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 injunction ought to be given. It is elementary t...... A relief of temporary injunction cannot be granted just for 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, A......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..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....and as such, "the suit as framed and the evidence led for the plaintiff do not comply with the requirements of law." On perusal of the plaint we find that this contention is not borne out by facts, Paragraphs 6 and 11 of the plaint have been specifically devoted to the allegations of fraud ......d this 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 wi......thout notice. 5. The trial court framed a number of issues including an issue about the alleged fraud and collusion in the matter of execution of the two lease deeds, and on consideration of the evidence, rejected the contentions of the defendants and held that the lease deeds were executed, ..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....tions 19(1), 100 Practice and Procedure The Code of Civil Procedure, 1908 (V of 1908), sections 100—103 The High Court Division can interfere under section 100 of the 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......pellant Vs. Md. Abdul Kalam Biswas alias Md. Abul Kalam Nasiruddin alias Abul Kalam Azad & another..........................Respondents Judgment April 5, 1987 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), sections 19(1), 100 Practice and Procedure The Code of......nder section 100 of the 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..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....ly implicated in this case and that the occurrence did not take place at the time and place and in the manner alleged by the prosecution. 5. On behalf of the appellant it is only urged that in the facts of the case the High Court Division ought not to have convicted the appellant under section ...... Miah alias Lalu........................Appellant Vs. The State...................................Respondent Judgment September 2, 1987 The Penal Code, 1860 (XLV of 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim afte......on 302 of the Penal Code and that the appellant was liable, if at all, to be convicted only under section 326 of the Penal Code. 6. Both the trial Court and the High Court Division relied on the evidence of P.Ws. 1, 2 and 7. P.W.1 gave the prosecution case. At the time of the occurrence Yasin's..Category: Criminal Law | Date: | Hits: 53
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....n made by the High Court that "there is no evidence that the plaintiff took any steps to take delivery of 3337 bags" is besides the point and are clearly unacceptable. 14. In the facts and circumstances of the case and upon consideration of the evidence, there appears no justif......med J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. ......ord to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Port Authority mentioned about the storage of 3337 bags 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 circumsta..Category: Civil Law | Date: | Hits: 89
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....olenama as a whole there is no doubt that the entire dags of the parties were divided as the terms of the compromise. The interpretation of the Ext. 2 is concluded by the concurrent findings of the facts of the courts below and the learned Single Judge in Second Appeal ought not to have disturbed ......ts. Vs. Taser Ali Fakir & another.................................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 ...... of Ext. 2 Solenama. 6. Mr. M.H. Khondker appearing for the defendants appellants contended that Ext. 2 did not divide the whole dags and even if it had purported to be done it was inadmissible evidence not being registered as it compromised property outside suit inasmuch as such solenama is c..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. ......on proceeding is obvious since he raised no objection with regard to it at any stage of the case………………..(13) Reading article 3 in the First Schedule and section 28 of the Arbitration Act together it would appear that the parties are free to enlarge......ho instead of giving award thereon held the respondent liable for payment. (4) The Arbitrator passed the award on the basis of departmental recommendation and did not take any evidence. (5) The award was passed in violation of the principle of natural justi..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....e Special Relief Act as there has been a change in the status quo of the matters at the time, the suit was filed on 16-11-73 and the plaintiff is guilty of delay and latches. For that in the facts and circumstances of the case the claim of specific performance of the contract for sale o......985) 21, 1985 BLD (AD) 41. ......dants moved this Court and obtained leave to consider whether the findings of the trial Court as affirmed by the High Court Division that time was not the essence of the contract was justified by the evidence led in the case. Defendants' contentions were that one of the reasons for not accepting t..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....y that as neither the Government nor the Jute Marketing Corporation was impleaded in the suit, it was pot maintainable. The learned Judges of the High Court Division observed as follows: "From the facts disclosed in the case, it is clear that the management and control of defendant No. 1 includin...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea......resident's 1972 held that the Sonali Bank was the successor-in-interest of the National Bank of Pakistan and therefore, had the right of recovery of the debt owing to that Bank. After considering the evidence and materials on record it further held that the suit was not barred by limitation and also..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....II(N)L. All these three Mills were assessed separately. For efficient management and minimizing administrative expenses the Jute Mills Corporation appointed a Manager. In this setting of facts, there is no hesitation in saying that the United Jute Mills Ltd. had retained ifs indep...... Judgment March 18, 1984. Mere technical irregularity of minor nature will not invalidate the proceeding of the domestic Tribunal. Such Tribunal has found the appellant guilty and the proceeding is not vitiated by any irregularity or violation of any settled principle of la......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. ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....nvey the share of the parties in the immovable property notwithstanding the agreement of settlement. Civil Petition No. 17 of 1984 was also filed by the plaintiff respondent. Since common question of facts and law are involved both of them are disposed of by this judgment. 3. Defendant is the ap...........Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoid of any ....................Respondents Judgment January 4, 1984. The Partnership Act, 1932 (IX of 1932), Section 39 Concurrent findings of fact that the partnership does not subsist is grounded on evidence and therefore contention of the plaintiff that the partnership is still continuing is devoi..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....hose cases and the results thereof were fully considered by the Courts. Mr. Khondker referred to grounds Nos. 7 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. ...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees....... suit premises by the Government after it was requisitioned in 1947, the continued litigation by the appellants as well as the different sets of defendants since 1966, the oral and documentary evidence relating to the respective claim of each of these parties in those cases and the results ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
.... to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was mentioned further that no new facts were being introduced but mere amendment of relief was being prayed for which was solely d...... Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to dissolving the f......y of combining the prayers as made by the appellant in his petition for amendment. No illegality committed by allowing the amendment. The suit is remanded to the trial Court for disposal taking fresh evidence as may be necessary due to such amendment……………(20) The partnership firm is an ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....ion of the process server as a witness in Court is not mandatory, particularly when the ''proviso" to this rule shows that a declaration of the serving officer "shall be received as evidence of the facts as to the service or admitted service of the summons". In this case, admittedly the serving of......A Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Santosh Kumar Chakraborty & others....................... Appellant Vs. M.A. Motaleb Hossain and others..............................Respondent Judgment April 25, 1984. Result: Tt......f 1908), Order V, rules 17 & 19 The Civil Rules and Orders, Rule 91 (2) Finding of the Trial Court having resulted from glaring misconception of law as well as non-consideration of material evidence, and as such is not immune from interference in revision under section 115 C.P.C. The Hi..Category: Procedural Law | Date: | Hits: 93
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