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.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......anted against the Corporation which is a Government department. The learned single Judge, by the impugned judgment, set aside the order of temporary injunction. Leave has been granted to consider the question whether the learned Single judge well founded in law and fact in refusing temporary injunct......ding that balance of convenience lies in favour of the appellant and that he is the highest bidder; this finding is immune from interference in revision by the High Court Division. But in view of the facts discussed above we find that the very basis of the finding of the two courts below is a miscon..
Category: Business or Commercial Law | Date: | Hits: 95
Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ......om the Judgment and order dated 8.12.86 passed by the High Court Division, Dhaka Bench in Writ Petition No. 478 of 1986.) Judgment: Badrul Haider Chowdhury J.-Leave was granted to consider the question; namely, whether the order of respondent No. 5 dated 9.1.86 cancelling the order dated 20.2...... order. The power of passing an order rescinding or cancelling an earlier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notifica..Category: Property Law | Date: | Hits: 49
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......employee of the Corporation and was governed by its Rules; but the learned Single Judge reserved his opinion as to whether the respondent was a "worker". 5. Leave was granted by us to consider the question whether the respondent is a worker under the relevant Labour law or whether he is an employ...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....entence is set aside and the appellants are acquitted of the charges. They be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 38. ......nclude that since P.W. 4 Mobarak named the present appellants as taking part in the occurrence at Char Khidirpur, they were necessarily to be found guilty for the alleged murder of Jamshed. The first question that ought to have occurred to the learned Judges was whether Jamshed was at all killed in ......f their tormentors and then coming back to the witness box to depose at length as to how they had hoodwinked their enemies. The evidence has confirmed the suspicion in the prosecution case. The broad facts of the case should have put the learned judges of the High Court Division on guard against acc..Category: Criminal Law | Date: | Hits: 55
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......es under section 106 of the Transfer of Property Act upon both defendant Nos. 1 and 2. The tenancy was thus terminated on the expiry of December, 1972. As the defendant did not vacate the premises in question, suit for eviction was instituted. Defendant No. 2 who is respondent No.1 in this appeal al......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ......r, did not file any appeal and at the time of hearing the Assistant Custodian entered appearance and supported the appeal of the respondents 1 and 2. 8. The High Court Division considered that the question of possession was not material in this case and considered that the document in question na......tant Custodian and whether the Custodian could take possession of any ejmali land of which the appellant was in possession as a co-sharer without partition of the said land. 35. In this setting of facts the Appellate Division came to the conclusion that as a co-owner of an undivided share of the ..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......thers AIR 1975 All. 399 it is held that an order under rule 7 of Order 39 in appointing a Commissioner for making inspection of any property which is the subject-matter of the suit or as to which any question may arise in the suit, the Court has to bear in mind the urgency of the situation and the n......ection and preparation of inventory without giving any notice to the parties. The appellants failed to spell out their apprehension that impugned order would cause great inconvenience to them. In the facts and circumstances of the case the High Court Division correctly refused to interfere with the ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ......Result: The appeal is dismissed. (i) The Constitution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever......t the appellant is party to a contract for some work to be done for the same Upazilla Parishad and has otherwise pecuniary interest in the affairs of the Parishad; the petition pointed out that these facts constitute disqualifications for holding such an office as specifically described in section 6..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......ent and order dated 29 August 1983 passed by the High Court Division, Rangpur Bench, in Criminal Appeal No. 44 of 1983.) Judgment Shahabuddin Ahmed J. - This appeal by the State calls in question an order of the High Court Division altering the conviction of accused-respondents and redu......e homicide not amounting to murder. If death is likely to result from the injuries it is culpable homicide not amounting to murder; and if death is the most likely result, then it is murder. From the facts and circumstances of the case we think that the criminal acts of the accused-respondents which..Category: Criminal Law | Date: | Hits: 62
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..........Appellant Vs. Mst. Asia Khatun Chowdhury..........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence....... be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case of waiver and acquiescence ..Category: Property Law | Date: | Hits: 52
Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)
....nfortunate it may seem though that the decision in the case turned on two marginal votes only. 18. The appeal is accordingly, dismissed without any order as to cost. Ed. ......of the Tribunal and then an unsuccessful revision against the appellate order. 8. Coming to this Division with a prayer for leave to appeal, submissions were made disputing and raising question as to the recounting of ballots by the Tribunal which appeared to merit consider......spondent for re-counting of votes. Mr. Khan is obviously conscious of the findings made by the Tribunal in this behalf which read as follows: “In the above circumstances and facts the recounting by the Tribunal is not illegal and irregular, since the counting of the vot..Category: Election Law | Date: | Hits: 110
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
.... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......rence when the document does not form the preponderance of the evidence. 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 appel......s own on a question of fact, but the High Court can give a finding which has not been given by the lower appellate court on the evidence on record. After all, every case must be decided on the facts and circumstances of that case keeping in view these broad principles. 7. In the insta..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ......l on two points, whether respondent was a co-sharer being in possession of .02 acre of land of plot No. 404 in view of the provisions of section 53 A of the Transfer of Property Act and whether the question of limitation has been correctly decided by the High Court Division. 8. It appears......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......umption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution before the Registrar was this Purshotam Das and no imposter. The question is one of fact except insofar as there was as matter of law a presumption that the regi...... courts below to deal with this contention and notwithstanding the numerous decisions that had been given on the enemy property; it is unfortunate that the courts below did not apply the law in the facts of this case. Long line of decisions are to the effect that a notice must be served upon this ..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ......orative evidence as substantive evidence and relying on D.W. 7 who was found by the trial court hesitating while deposing the lower appellate court reversed the finding of the trial Court that the questioned document was fraudulent and without consideration. The High Court interfered with that f......rt's finding that PWs. were not clean people was a legal inference from the false and untrue statements of the witnesses. 10. In this case the plaintiff himself could not give the material facts relating to the disputed contract, the year of the alleged contract, the description or ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ...... learned Single Judge and the learned Judge considered that the appellate court below arrived at a finding as to the passing of the consideration which need not be disturbed. Then posed the crucial question as to whether the interest of the minor plaintiffs had been protected in the solenama......bdul Malek a Senior Advocate voluntarily offered his service to appear and conduct the case on behalf of the appellant and also as amicus curiae. 9. Mr. Abdul Malek fairly placed the facts of the case and then placed the scheme of Order 32 of the Civil Procedure Code and pointed ou..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ...... Judgment Badrul Haider Chowdhury J. —I have gone through the judgments written by my learned brothers Shahabuddin Ahmed and ATM Afzal, JJ; I have nothing to add. Shahabuddin Ahmed J.—The question raised in this appeal by special leave is whether section 35A of the Court Fees Act, 1870...... re-enacted law, namely, the Medicinal and Toilet Preparations (Excise Duty) Act in view of section 8(1) of the General Clauses Act. 10. Facts of that Indian case are found to be similar to the facts of the instant case and it is found that the High Court Division has correctly construed tha..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......ded that the winding-up petition was filed to put pressure upon the company to satisfy the respondent's false claim. The learned Counsel for the appellants has contended that in view of these facts and materials the Company Judge ought to have held that there was a bonafide dispute as to th..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ......3 of 1983.) Judgment: Shahabuddin Ahmed J.-This appeal by special leave calls in question an order of the High Court Division at Jessore, dated 11 February,1986,confirming the......ked up the torchlight of Elias which fell down being struck by his lathi and that it was recovered from him when he was caught by Toyeb and others. This statement, in details, fully agrees with the facts established by evidence of the witnesses on dock, It may also be mentioned that Ayub Ali, th..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ......n Pakistan at the relevant point of time, that the respondents came within the definition of enemy as given in Rule 161 of the Defence of Pakistan Rules, 1965 and the property in question was enemy property as defined in Rule 169 of the said Rules that by notificatio......aised regarding the appearance of the Government in the present case and earlier stages loses all importance. I need not, therefore, consider the point so raised. Whether, having regard to the facts of the case, Government should allow the decree to be executed against the impugned property ..Category: Property Law | Date: | Hits: 70
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