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Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ......Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. The obligation referred to in this section means a legal obligatio......Deputy Commissioner—the Deputy Commissioner remained silent though he received the Memo. The District Judge then informed the Law Department through Registrar of the High Court Division stating the facts and solicited necessary action. The Law Department by Memo. No. 117- Judl. 9/1-9/79 dated 18..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......e judgment and order dated 5th March, 1989 passed by the High Court Division, Dhaka in Civil Order No. 223 of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction i...... of 1989). Judgment: Badrul Haider Chowdhury J.- In this petition for special leave the question is whether the Courts below were correct in refusing the prayer for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a sui..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......orders the District Judge transferred each of the appeals to the Additional District Judge for hearing and disposal. The High Court Division upheld the impugned orders of transfer. 2. The common question that calls for determination in these two appeals is that whether the District Judge, act......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Appeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned Advocate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......rder IX, rule 13 The learned assistant judge has not come to any finding as to service of summons upon the appellants to ascertain due service. So there is no necessity of farther determination of question of service upon the appellants. The order of the learned assistant judge has rightly been s......issing in it. However, taking for argument's sake that the learned Assistant Judge has not come to any finding as to service of summons upon the appellant, we do not think, having regard to all the facts noticed and observation made by the learned Assistant Judge, that there is any necessity for f..Category: Procedural Law | Date: | Hits: 88
Shah Alam Mollah (Md) Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & others, 1989, 18 CLC (AD)
....pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. .......Respondents Judgment April 31, 1989. Result: The Appeal is dismissed. The Local Government (Union Parishads) Election Rules, Rules 38-43 The appellant is not entitled to raise the question of repoll for the first time before the Appellate Division. Even if the question was raised......pellant. In any view of the matter, there is no merit in this appeal which is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 73. ..Category: Election Law | Date: | Hits: 125
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ocate Commissioner's report or it may accept partly and reject partly or may require parties to adduce evidence on matters which can be decided better on evidence than on such report. If there is a question, particularly of possession of land, the parties are required to give evidence in that beha......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......here were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter. 4. We find substance in the contention of the appellant. In the facts and circumstances of the case and in view of this Court's decision dated 19th February, 1989..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ......proportionate or otherwise- by an order of the authority mentioned in clause(3) made before the first day of July 1959, and no appeal shall lie against such order nor shall such order be called in question in any Court." 7. Now clause (3) may be considered which reads as follows:— "(3) No......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......courts below. The learned Judge held that the cause of action in the suit arose in 2.4.69 when the plaintiff was informed by the Board of Revenue that no permission was required as the Ordinance in question had already expired. The suit having been filed within 3 years next from that date i.e. 2......enue were not of any relevance. It must be said that although the right Art. (113) of the Limitation Act has been found to govern the limitation, the learned Judge erred in misapplying the law to the facts of the case. No date having been fixed for the performance of the contract, the second part of..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary injunct......ivate defence cannot be a ground for quashing a criminal proceeding. Such plea is to be established by evidence by the accused who takes the plea. A criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offenc..Category: Criminal Law | Date: | Hits: 39
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......ssed by the High Court Division, Dhaka in Appeal from Original Order No. 18 of 1986 with Civil Rule No. 55 (FM) of 1985). Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question whether the High Court Division was correct in holding that a pass book issued by the C.C.I......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......ase of K.B. Kishore Acharayya Chowdhury and others Vs. Province of East Bengal, 6 DLR page 1. The Appellate Court affirmed this view and decreed the suit. It was in the High Court Division that the question of res judicata was considered fully and the learned Single Judge (Mustafa Karnal, J) exhau...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......nds". 4. Now there is no controversy as to the issues and points raised and decided in the suit and the appeal. The plaintiffs share as declared by the High Court Division finally is also not in question. 5. But leave has been obtained on a technical point alleging error and incompleteness i......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ming the respondents had called away Motahar from his house in the manner said by P.W.s. 1, 3 and 5 and that he had been last seen with them as said by P. W. 8 no hypothesis could be drawn from these facts which was not incompatible with the innocence of the respondents and as such the conviction co..Category: Criminal Law | Date: | Hits: 43
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......iah Nurul Islam and others............................Respondents Judgment March 13, 1989. Result: The appeal is allowed. The Constitution of Bangladesh 1972, Article 102 Disputed question of fact being involved in the case, the High Court Division erroneously interfered in writ ......uld not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ petition. The point h..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 .........Appellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appella..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for false implication with the commission of the offence the first question to be considered is whether in fact they saw the occurrence and were in a position to ident......knee-deep muddy water and flanked by standing paddy crops on both sides. He was assaulted at this Bhanga from where his dead body was removed to the house of his father-in-law at about 8 P.M. These facts are not disputed. 4. The prosecution case has been given in detail by the Informant (P.W...Category: Criminal Law | Date: | Hits: 52
Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)
....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......and order dated 9 July 1987 passed by the High Court Division's Sessions at Rangpur, in Criminal Appeal No. 179 of 1984). Judgment Shahabuddin Ahmed J.-In this appeal by special leave the only question for consideration is whether the appellant's trial by the Divisional Special Judge, Rajshah......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..Category: Criminal Law | Date: | Hits: 41
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ............................Defendant-Respondents Judgement June 11, 1989. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not on......nasmuch as section 18(3) of the Premises Rent Control Ordinance comes into play. It seems that the learned Judge of the High Court Division came to the conclusion— "In consideration of these facts it cannot be said that the defendants were defaulters. Even if the defendants are defaulters i..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......fence of theft, having denied for a while receipt of some overpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after. Leave was granted to consider the question, which appears to be of first impression, whether the facts constitute an offence of theft,......rpayment from a Bank in encashing a bill, and, the money having been recovered from him shortly after. Leave was granted to consider the question, which appears to be of first impression, whether the facts constitute an offence of theft, and if not, or any other offence. 2. Facts of the case, bri..Category: Criminal Law | Date: | Hits: 44
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