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Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......t about the time when the meeting of the selection board was in progress. The Chief Engineer obviously held poor opinion about the appellant not only in 1985 but in 1982-83 also when there was no question of promotion. And there cannot be any question that the Chief Engineer was entitled to ......t was sufficient lo invalidate the selection process if it could be shown that there was reasonable likelihood of bias. True, but the argument will hold good provided it is founded on allegation of facts. In the same decision on which Mr. Hakim placed reliance AIR 1987 SC 454 (Ashok Kumar Yadav vs..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......tent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession without reference to the order of the Civil Court would be clearly untenable ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... room of the Joypurhat Sugar Mills at the time of alleged occurrence. The trial Court's acceptance of Abdur Rashid's plea of alibi will not-destroy the dying declaration altogether. 9. In the facts and circumstances of the case there is no good reason to doubt the appellant's complicity in..Category: Criminal Law | Date: | Hits: 61
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124......Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order of the High Court Division in Civil Revision No. 175 of 1984. 2. Leave was granted to consider the question whether the High Court Division has erred in law in upholding the decree that was passed by......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ...... that the three members who took part in no-confidence proceedings being acting Chairmen were not representative members and as such they were not eligible to cast vote in favour of the resolution in question. Accordingly the rule was made absolute, and it was declared that the removal resolution ......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
S.M. Shahjahan Ali Tara Vs. State, 1989, 18 CLC (AD)
.... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112...... 1987. The appellant will remain on the same bail till disposal of Criminal Appeal No. 430 of 1987 pending in the High Court Division, Dhaka. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 112......when the Government directed that the case against the accused Contractor Firozur Rahman and the appellant be withdrawn. It is contended there is no chance of appellant's absconsion and that in the facts of the case that the High Court Division erred in not granting bail to the appellant. 6. We..Category: Criminal Law | Date: | Hits: 53
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 ......ant. A. W. Bhuiyan, Additional Attorney-General, instructed by A. W. Mallik, Advocate-on-Record—For the Respondent. Criminal Appeal 7 of 1988. Judgement: Shahabuddin Ahmed J. — The question in this appeal by special leave is whether the bail granted by the High Court Division un......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 ..Category: Criminal Law | Date: | Hits: 53
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....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......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......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 ......Advocate, instructed by A. W. Malek, Advocate-on-Record—For the respondent Nos. 7-9. Civil Appeal No. 93 of 1985. Judgement: Shahabuddin Ahmed J.— In this appeal by special leave the question raised is whether the plaintiff-appellant's suit for declaration that Vested Property Case ......n dated 8 August 1985 in Civil Revision No. 147 of 1984 (Comilla). 2. The suit, T. S. No. No. 301 of 1979 in the Second Court of Munsif, Chandpur, was filed by the appellant alleging the following facts: The suit land measuring .31 decimals of an acre, recorded in C.S. Khatian No. 51 and comprisi..Category: Property Law | Date: | Hits: 75
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....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......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...... 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 Court Division having noticed the facts of the case observed that it was concluded by a concurrent finding of fact. In that context it..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...... dated 11th February 1985. 2. Leave was granted to consider whether the stay of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by ..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. ......s evidence of the alleged amicable partition. 7. Judgments, orders or decrees are relevant under ss. 40,41,42,43 and 44 of the Evidence Act. "Relevant" means and relates to admissibility only. The question as to the evidentiary value of a judgment which is relevant is different from the questio...... nothing more. He contends that though an amicable partition among the sons of Shashi Bhusan is a common question in the two suits, but the questions have been decided in the two suits on different facts and circumstances and in different contexts, and though, in the previous suit, sons of Shashi ..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 ...... 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 confirming right to retain ......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..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 ......ing of section 15 of the Easements Act. It was also submitted that the learned Single Judge erred in not holding that the suit path being a village path joining two other pathways on its two ends, no question of easement is involved herein. 8. Mr. M.H. Khandker learned Counsel appearing for the......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 ..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......High Court Division finding the result of the election controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......l Appeal No. 5 of 1989. Civil Appeal No. 8 of 1989. Civil Appeal No. 17 of 1989. Judgment Badrul Haider Chowdhury J. — These appeals were heard analogously in a bunch since a common question of law of public importance has been raised as to the interpretation of Rule 70 of the Unio......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..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......ceeding was done in violation of the Rules the appellant continued with his litigation in the High Court Division and before this Court. Had the appellate Court's order been accepted in time then the question of giving salary from the date of the order of the appellate Court would not have arisen ...... 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..Category: Employment/Service Law | Date: | Hits: 103
.... concerned or has otherwise any pecuniary interest in the affairs of the Union Parishad.
23. It is seen that qualifications and disqualifications in respect of election to a Union Parishad are identical with those in respect of election to the Parliament and that this was the position from ......pazilla Nirbahi-Officer. Then he moved Writ Petition No. 26 of 1988 challenging the order of the Returning Officer. The High Court dismissed the writ petition.
2. Leave was granted to consider the question whether section 7(2) (g) of the Union Parishad Ordinance is hit by the equality provision...... 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..
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...... 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 the proceeding at any time. As a ......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..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......tory body who has brought an action challenging 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 in......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..Category: Employment/Service Law | Date: | Hits: 89
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