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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 ......ial leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case No. 66 of 1978-79 is collusive and void has been dismissed on correct appreciation of law and fact involved therein. The order impugned is the order of a learned Single Judge of the High..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....They prayed for stay in the aforesaid execution case on the ground of pendency of their suit for specific performance in the same court. 4. The learned Advocate for the appellants reÂlying on the provisions of Order 21, rule 29, C.P.C. submitted that it was a proper case for staying the executio......her. In the mean time the appellants 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 Ebadu..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....ers or decrees, other than those mentioned in sections 40, 41 and 42, are irreleÂvant, unless the existence of such judgment, orÂder or decree, is a fact in issue, or is relevant unÂder some other provision of this Act." 8. Mr. Pal contends that the judgment (Ext. 7d) in the previous suit is q......diately after the ParÂtition of the country in 1947 and they were Indian nationals when the Indo-Pak war of 1965 broke out in consequence of which the suit land became enemy property by operation of law and as such it was rightly Created as enemy and vested property and the Sub-Divisional Officer's..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 ......s question was rightly answered by the trial Court and the appellate Court confirming right to retain possession till partition by mets and bounds but the learned Single Judge on an erroneous view of law reversed their decision and thus the appeal is allowed and the order of the High Court Division ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... "There is an imposing array of authority for the view that in those parts of the country where Indian Easements Act is not in operation, there is no reason why the principles underlying the provisions of the Indian Act, should not be folÂlowed in so far as they embody the rules of equiÂ......t of way by easeÂment over the suit land. The Appellate Court below then concluded "plaintiffs failed to prove that they enjoyed any right of easement over the suit land for the period prescribed by law." In this view of the matter, the appeal was allowed and the decree passed by the trial Court wa..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....inance the Election Commission has been vested with plenary, supervisory and discretionary jurisdiction to oversee that an election is conducted honestly, justly and fairly and in accordance with the provisions of the Ordinance and the Rules. (iii) In so doing it may pass any order, unless specif...... The jurisdiction of the High Court Division under Article 102 of the Constitution cannot be invoked except on the very limited ground of total absence of jurisdiction (coram non-judice) or malice in law to challenge any step in the process of election including an order passed by the Election Commi..Category: Election Law | Date: | Hits: 165
Executive Engineer, PubÂlic Health, Barisal DiviÂsion 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......er, Public Health Department, Barisal Division, contestÂed the suit by asserting, inter alia, that the suit was not maintainable and that the plaintiff was disÂcharged from his service according to law by proper authority. The defendants' case is that the plaintiff left office on 21st June 1975 af..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy CommissionÂer, Sunamganj & another, 1989, 18 CLC (AD)
....bÂlic peace. It is apparent that maintenance of the pubÂlic peace being of prime concern the local adminisÂtration has been vested with such a power. But in the nature of things and in view of the provisions of subÂsection (1) a District Magistrate cannot close down a shop for an indefinite peri......re ourselves satisfied that the Deputy Commissioner had passed the impugned orÂder in the interest of local administration and without any malice, Whether the order was strictly in accorÂdance with law is, however, another matter and Mr. Pal finally submitted only the first ground as above. 9. ..Category: Others | Date: | Hits: 125
....1988.
Result:
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 ......elves by amending the RepÂresentation of the People Order, 1972. Exclusion of members of Parliament is found to be an omission of grave impropriety which, however, may be corÂrected even now by the law-makers themselves, if not required by any law, at least by dictates of good conscience and high ..
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......others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant beÂcame a tenant under the plaintiffs by operation of law. He did not pay any rent since 1968 and thus was a deÂfaulter. The plaintiff required the suit ..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......ust appear to the court that he has a good, arguable case to be considered at the trial. In a case where the order impugned appears to be without jurisdiction on the face of it or in violation of any law or rule governing the employment in service a court can legitimately consider a prayer for tempo..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....he ordinary law and for that purpose this law excluded the period from the presentation of an application for the winding up to the institution of the suit in computing the period of limitation. This provision being a special provision of law must take effect not with standing anything contained in ......ehind 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 th..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 apÂpellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......il 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 below effecting merit of the decision. Misreading of evidenc..Category: Property Law | Date: | Hits: 46
Bangladesh Railway Vs. M/s. Chartering and Shipbroking CorporaÂtion, 1985, 14 CLC (AD)
....hittagong Port (Railway Jetties). (These Rules were adopted as Rules under the Chittagong Port Act by section 55 as amended by Ordinance XXIV of I960 promulgated on 30 June 1960). The relevant provision of Rule 122 which Mr. Huq, wanted to rely upon are contained in sub-clause (ii) of Claus...... of any legality……………….(15) The Code of Civil Procedure, 1908 (Act No. V of 1908), Order I, Rules 3 and 4 When a common question of fact and law is involved in a suit, all persons may be joined as defendant claiming relief against all&helli..Category: Civil Law | Date: | Hits: 89
....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.
......
Procedure………………………..(10 & 11)
When
the Labour Court exercise its jurisdiction for trial of offences under the
Labour law, it does so as a Magistrate of the 1st Class but when the punishment
is given and sentence is r..
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. ......s a question of fact whether the compromise has been acted upon or is covered by a decree which is a mixed question. If the comÂpromise has been acted upon or is covered by decree then it is settled law that comÂpromise is exempt from registration. 7. Mr. Khondker could not assail the point th..Category: Property Law | Date: | Hits: 49
Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
.... for making the award by mutual consent. If such consent is there, a term enlarging the time for giving the award can be incorporated in the agreement. Section 28 (2) makes it clear that a provision can be inserted in arbitration agreement empowering the arbitrators to enlarge the t......fter the reference was made was unable to accept the finding of the trial court that the parties before Arbitrator had waived the question of limitation and, therefore, the award was not barred by law and came to the conclusion that the award having been given well beyond the statutory period of..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....llant company was taken over by the Government under the Acting President's Order No. 1 of 1972. On February 2, 1972 respondent No. 7 was appointed an administrator of the appellant company under the provisions of President's Order No. 16 of 1972. He took over the entire stock of jute available in t......urts below were wrong in not dismissing the suit for not impleading the necessary parties; and (c) That the contract between petitioner and the former National 1 of Pakistan having been supersede law, the right of creditor and the obligation of the debtor having merged in the same hand i.e. Gove..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....still in service under respondent No. 1. Plaintiff was appointed as a purchase clerk of the united lute Mills Ltd. a company under the Companies Act, 1968. After liberation in pursuance of the provision of P. O. 27 of 1972 the United Jute Mills Ltd. was amalgamated for administrative conveni......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 law. So no interference is warranted………………….(4) ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ommended itself to us, The decision in East End Agencies Vs. Mafizuddin (20 DLR 1056) that the transfer of interest of a partner in partnership firm can be effected by a registered document under the provisions of section 17(i) (b) of the Registration Act when the firm is possessed of immovable prop......hare 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 appellant in..Category: Business or Commercial Law | Date: | Hits: 114
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