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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......g the decree null and void and setting aside the sale. The High Court Division in appeal did not find any illegality in the trial court's decree. 6. Leave was granted to consider the following questions: 1. Whether the suit as framed by the plaintiff-respondent was in terms of Order 6......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 ..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. ......f 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 give a finding which has not been given by the lower appell......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..Category: Property Law | Date: | Hits: 46
Lal Miah alias Lalu Vs. The State, 1989, 18 CLC (AD)
....igorous imprisonment for 10 (ten) years only. This sentence and the sentence under Section 148 of the Penal Code are to run concurrently. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 1 ......Nessa did not come forward to depose. In the background of the case, the trial Court and the High Court Division did no wrong in relying on P.W.1, the sole eye witness of the incident. 7. The only question that calls for determination in this case is whether the conviction under section 302 o......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 ..Category: Criminal Law | Date: | Hits: 53
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. ......bsolves the plaintiff 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 rel......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..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. ......eal shall be final, Subjection (4) then provides: "all decisions of Labour Court, other than awards referred to in sub-section (3) of section 36 shall be final and shall not be called in question in any manner by or before any court or other authority." In other words the award is......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. ..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. ......require registration, the words "and not being decree and order" in section 50 obviously refer to decrees and orders which are exempted from registration under the amended section 17(2) (vi). It is a question of fact whether the compromise has been acted upon or is covered by a decree which is a mix......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 ..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. ......tion Act and the fact that the award was given beyond four months after 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 t......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. ..Category: Civil Law | Date: | Hits: 111
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......his country. Other facts and circumstances showing the plaintiff's conduct were also considered in refusing specific performance of the contract. This case is, therefore, distinguishable. 13. The question, however, arises that if time was intended to be the essence of the contract, for whose d......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..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......n. 222. 26. If, therefore, the bank did not lay any claim to sell the jute stocks which passed to the Government on taking over the appellant company, it cannot be held liable. The jute stocks in question were always in possession of the appellant company before it was taken over and remained wi......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..Category: Civil Law | Date: | Hits: 110
Md. Motahar Hossain Khan Vs. Bangladesh Jute Mills Corporation, 1984, 13 CLC (AD)
....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. ......solute and the judgment and order of the lower appellate Court below was set aside and those of the trial Court restored. Leave was granted in the following terms: "The question raised by Mr. Md. Nurullah is whether the High Court Division was itself right in saying ......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..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......essary to convey 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. Defenda......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..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9) ......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......of section 53A of the Transfer of Property Act to the facts and circumstances of the case. These grounds are as follows: "VII. For that in view of the fact that no questions of non-joinder of any party to the suit was raised by any of the contesting defendants a......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. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......n for amendment it was stated that the amendment was necessary 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...... 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..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ecome infractuous if otherwise found maintainable. If the defendant has been directly tendered with the summons by the process server and on refusal of receipt of such summons by the defendant, no question of exercise of due diligence in the service arises and in that circumstances service by han......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..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ......l cases as a result the accused were discharged under section 253(2) Cr. P. C. and proceeding under sections 145 were dropped and the attached properties were released. The learned Judge posed the question: "Whether the disputed kabalas were executed in exchange of the pro...... The High Court Division noticed 21 D.L.R. (Dhaka) 918. Purnendu Kumar Das Vs. Hiran Kumar Das. Mr. Shaukat Ali Khan does not contest the proposition laid in this decision. He submits that the facts of that case and the present case are completely different because here by the Salishnama par..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......may apply. In this case all the accused persons were charged with and convicted of rioting under section 147; besides they were charged with and convicted of the offence under section 436; now the question is whether section 34 or section 149, should be added therewith. The alteration of the fin......plying section 149, instead of section 34, is not bad in law as ‘‘common intention" and "common object" have overlapped in this case. But the question is whether, in the facts and circumstances of the case, particularly in view of the passive part played by these six r..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ...... for any body else to challenge this fact. Provisions of section 92(a) have no manner of application in these circumstances. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is i......, the High Court Division rightly considered that this point could not be assailed but unfortunately the learned Judges failed to draw the necessary inference for drawing conclusion from such facts. As against this fact that Gouri Dasi treated the plaintiff as her daughter althrough there i..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......erned and also the issue formulated thereon by the trial Court, namely, "is the petitioner a co-sharer in the disputed holding", it was necessary for the ends of justice to determine the question whether the respondent No. 1 was still a co-sharer tenant in the holding at the time of fi......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......the trial court below was again affirmed by the appellate Court below. On Second Appeal being S.A. No. 201 of 1972 the High Court Division formulated the point as under: ''The question for decision in this appeal is whether the defendant in possession of the premises under ......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..Category: Property Law | Date: | Hits: 24
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