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Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....bmitted that the alleged kabala which the appellants deny was relied upon by the High Court Division without considering the, genuineness of the said document and this has led to a miscarriage of justice. He also submitted that it was absolutely necessary to make an order of remand if the disput......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......land from the donee and the appellant disowning such document and such contention of purchase and denial thereof not being confronted during trial, the appeal is allowed in part and the case remanded to the trial court for re-hearing upon allowing the parties to adduce further evidence in respect of...... illegal and not binding upon the plaintiffs. 3. Plaintiffs' case was that plaintiff No. 1 being in need of money decided to mortgage. 20 decimals of land to defendant Nos. 3 and 4 (his son-in-laws) for a consideration of Tk. 500/-. Accordingly plaintiff No. 1 went to Faridgonj S.R. Office on..Category: Property Law | Date: | Hits: 33
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 ......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 ......ourt Division………………..(4) Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal A..............Respondent Judgment August 7, 1988. The Code of Criminal Procedure, 1898 (V of 1898), section 426 The order of payment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The app..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....for nearly a year would earn an interest of more than Tk. 1 lac. All told he has made a prayer for compensation of an amount of over Tk. 5 lacs to be paid by the appellant for the sake of even-handed justice. 9. The appellant, although in default in paying back the loan of the H.B.F.C, has had to......ase 2337 85 after the passing of the exparte order on 3.5.86 including the auction sale, that under Order 9, rule 13 C.P.C and the impugned order of the High Court Division have became otiose and arc accordingly set aside. The appeal is allowed subject to the following terms; The appellant shall......ited full amount of consideration relying on validity of such auction, has been an innocent sufferer for laches of the appellants. In such position respondent no. 2, the auction purchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default ......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
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 ......sence of the original owners and their heirs who migrated to India before 1965. The suit land being enemy property was rightly treated as such and the Vested Property Case No. 66 of 1978-79 was filed accordingly to take possession of the property. Case of the other set of the Defendants, Nos. 4-9,......-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 for the entire dispu......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
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....t application for restoration the court often takes into consideration, besides the grounds taken for restoration, whether any useful purpose will be served in allowing the same. In its anxiety to do justice the merit of the case is often considered by the court before exercising discretion in such ......second appeal arose out of a suit for declaration that a Hiba-Bil-Ewaj was obtained by fraud. Both the courts below concurrently found that the plaintiff could not establish the alleged fraud and accordingly the suit was dismissed and it was affirmed in appeal. The learned Judge of the High Cour...... & others.............................................Respondents Judgment July 21, 1987. The Code of Civil Procedure, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in ......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
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......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......ember 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. In case of the relevant suit being not disposed of for any reason the e......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 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. ......as to its formal proof. The declaration though made in 1963 was not referred to in the previous judgment Ext. 7(d) dated 31 January 1970. The learned Judges discarded it for another reason which, according to them, is that its' contents are materially inconsistent with the plaint case. The learn...... MH Rahman J Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the ap......diately after the Partition 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 ......fendant No.1 Madhu and his stepbrother Sadhu alias Sadaruddin. Then Safar Ali gifted his entire share to plaintiff No. 1 alone by a Heba-bil-Ewaz dated 10 November 1977, and it is this Heba, which, according to plaintiffs, enraged defendant No. 1 and triggered the trouble. Case of the plaintiffs......, 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 answered by the trial Court and the appellate Court ......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)
....an Easements Act is not in operation, there is no reason why the principles underlying the provisions of the Indian Act, should not be followed in so far as they embody the rules of equity, justice and good conscience." What Mr. Khandkar canvassed was that the plaintiffs claimed cust......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 ...... 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 acquired by virtue of local custom. But it is compl......t of way by easement 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)
....detailed poll process and to complete through the "Salvationary effort of a re-poll". To quote K. Iyer, J: "whether in fact or law, the order is validly made within his powers or violative of natural justice can be examined later by the appointed instrumentality, viz, the Election Tribunal." (A.I.......t took the view that the intermediate stages may not be challenged before any court until the conclusion of the election itself. It was said that the election should be concluded as early as possible according to time schedule "all controversial matters and all disputes arising out of an election ...... 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 raised and evidence adduced for adjudication by a competent Tribunal. This function has been g...... 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, 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......cutive Engineer, Public Health Department, Barisal Division, contested the suit by asserting, inter alia, that the suit was not maintainable and that the plaintiff was discharged from his service according to law by proper authority. The defendants' case is that the plaintiff left office on 21st...... Act, 1908 (IX of 1908), Article 120 The Constitution of Bangladesh, 1972 (as amended), Article 117(2) The Administrative Tribunal Act, 1980 (VII of 1980) Further ground allowed by the Court to be urged by the appellant A Government servant discharged from service in an unauthorized manne......er, Public Health Department, Barisal Division, contested the suit by asserting, inter alia, that the suit was not maintainable and that the plaintiff was discharged 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 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. ......pproved by the local authorities, the appellant may continue his business in the manner as at present by the backdoor as arranged 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 Reporte......tion 2(5) The General Clauses Act, 1897 (X of 1897), 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 prese......re ourselves satisfied that the Deputy Commissioner had passed the impugned order in the interest of local administration and without any malice, Whether the order was strictly in accordance with law is, however, another matter and Mr. Pal finally submitted only the first ground as above. 9. ..Category: Others | Date: | Hits: 125
....chieve by making the classification. A classification is reasonable if it aims at giving special treatment to a backward section of the population; it is also permissible to deal out distributive justice by taxing the privileged class and subsidising the poor section of the people. What is of fu......ocality and was very popular there. He was elected Chairman of the Union Parishad twice in the past. As to the repayment of the loans, he explained that the loan being fully secured it is recoverable according to the existing law and in terms of his Agreements. He contended that he was not a defau...... 7(2)(g) of the Union Parishad Ordinance, 1983 for being a defaulter of financial institutions including a bank in the absence of such disqualification for a member of the Parliament is not discriminatory but is constitutionally valid.
Cases Referred to-
AIR 1971 SC 530 (564); Southern Rly Co.......elves by amending the Representation of the People Order, 1972. Exclusion of members of Parliament is found to be an omission of grave impropriety which, however, may be corrected 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......dence found that from Ext. 5 series and Ext. 11 it was clear that the defendant had been a monthly tenant under Begum Zohora Hossain in respect of the suit premises at a rental of Tk. 150/- payable according to English Calendar month and since the plaintiffs became owner of the suit premises by pu.............................Appellant Vs. Alfazuddin Ahmed & ors..........................Respondents Judgment May 4, 1988. The Transfer of Property Act, 1882 (IV of 1882), section 109 Attornment It is found that the question of attornment was not raised cither in the pleading or in t......others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operation of law. He did not pay any rent since 1968 and thus was a defaulter. 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......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......man Akunjee & 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. Reversi......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)
....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......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......& ors.........................Respondents Judgment June 25, 1980. The Banking Companies Ordinance, 1962 (LVII of 1962), section 73 Legislative intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its 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 appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... 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 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 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......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 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. ...... bags actually short landed should come down to 2230 bags only. Plaintiff-appellant was, therefore decreed the proportionate value of 2230 bags and its claim with regard to 3337 bags of cement was accordingly dismissed. As to not taking delivery of 3337 bags of cement which, as appears from the ......broking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while issuing the short landing certificate in respect of 5567 bags of cement the Por...... 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
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. ......1. Accordingly the appellants filed an appeal before the High Court which was numbered as Criminal Appeal No. 307 of 1983. The learned Single Judge did not hear the matter as the jurisdiction according to him was ousted by M.L.O.19 of 1982. M.L.O.19 has been cited above and makes the distin......ur 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 under the Code.” Thus from a sentence passed by the Labour Court ap...... 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. ....../3rd share of the suit land of that suit except plot No. 797 in which the plaintiff got half share. The remaining portions of the suit land of that suit in the allotment of the defendants and as such according to the defendants, the plaintiff was not entitled to get any relief whatsoever in the suit...... 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 to be registered. In case of compromise in a suit, property not being the subject-matter of the ......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 compromise has been acted upon or is covered by decree then it is settled law that compromise is exempt from registration. 7. Mr. Khondker could not assail the point th..Category: Property Law | Date: | Hits: 49
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