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Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......t of a set‑off or counter-claim is not higher than the Court's jurisdiction itself. The trial Court therefore made a jurisdictional error in entertaining the set‑off or counter-claim. 16. Our view therefore is that a defendant cannot claim in a written statement a set‑off or counter-claim ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......the demand was not alleged to have been made either on the basis of any agreement, or as a consideration for, the marriage. It was contended that this case involves a question of public importance in view of conflicting decisions of the High Court Division Mihir Lal Saha Poddar Vs. Zhunu Rani Saha, ..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ...... extended on an application under section 5 of the Limitation Act. 7. In the instant case before us the question of extension of the period of limitation for filing an appeal cannot arise in view of section 29 of the Limitation Act. This is because tile proceedings in which this appeal has..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... of Civil Procedure when it was enacted in 1908 and therefore the provisions of Order IX rule 13 or even a procedure analogous to Order IX, rule 13 CPC are inapplicable to writ proceedings. In any view of the matter, he submits, respondent No. 1 having been found guilty of laches and its explana..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ...... at Taka 17.50 paisa was proved, and that the defendant rent at the rate of Taka 17.50 paisa was estopped from saying that the rent of the suit premises still remained at Taka 25.00 and was of the view that had not the defendants any regard to the altered situation, then it was no, understood as..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......No. 3 did not take the stand that the Government had revised its earlier order" and the High Court Division came to the conclusion that this stand was a mere "after thought". In this view of the matter the High Court Division concluded that the decision of the Government to release..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......ulation 4(1) actually ran the school or not since 1987, but it appears that when respondent No. 4 herein wrote the impugned Memo dated 29.7.92 requesting the formation of an ad‑hoc Committee with a view to constituting a regular Committee under Regulation 20(1), the writ petitioner filed a title s..Category: Property Law | Date: | Hits: 86
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......es the question whether the word "contracts" in sub‑section (1) of section 8 of Part I of the schedule includes both oral and written contracts was not specifically raised. In our view, the context in which the word contracts has been used in the said provision clearly indicate..Category: Property Law | Date: | Hits: 70
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ...... interpreted according as the aforesaid Rules are interpreted and according as the words "prescribed period" are treated in the aforesaid Rules. 16. We are quite clear in our view therefore that the words "prescribed period" mean a period of thirty days from the ..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......kha and Shika respectively but so far as Usha Rani is concerned, the difficulty is that she has a nick name like Chanchola, whereas, evidence was given that Usha was also known as Kiron and in this view of the evidence it came to conclusion that plaintiffs were known as Kiron, Hasu and Manju and ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......at the principle guiding the amendment of the written statement as contemplated under the law has not been taken note of and the learned Single Judge allowed these revision cases taking a sympathetic view in the matter which is not permitted by law. Thus, considering the entire facts and circumstanc..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......hairman of the Managing Committee of the Appellant School, requested him to allow his relation Rehana Yasmin, to appear in the SSC Examination, though she fared very badly in the test examination. In view of a decision of the School Committee the plaintiff could not allow that student to appear in t..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......e question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (MLR No. 1/82) conferring i..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......h landlord. In such circumstances notice under section 106 is not required." Consequently he upheld the ejectment order of the trial Court. 6. In revision, defendant specifically submitted that in view of section 18 of the Premises Rent Control Ordinance, the trial Court committed an error of law..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......re allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will ..Category: Administrative Law | Date: | Hits: 129
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......decree of the Artha Rin Adalat. The cross-objection by defendant No. 5, Abul Kalam Azad, filed beyond thirty days, was rightly rejected by the High Court Division as time‑barred. 8. In view of section 6 of the Artha Rin Adalat Act a defendant can only challenge the decree of the Arth..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... in that he derives such power impliedly from the very submission to him of the arbitration ......”. Accordingly, the learned Judges found that the learned Subordinate Judge "erroneously struck off the award of interest granted by the Arbitrator". The learned Judges di......mitation. The learned Subordinate Judge, by his judgment as mentioned above, refused to interfere with the award as to the principal sum, but set aside the order for interest altogether taking the view that the Arbitrator got no power to grant interest. Both the parties went to the High Court Di..Category: Business or Commercial Law | Date: | Hits: 98
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......pear that though the agreement was signed at Dhaka the business takes place at Clevedon Tea Estate and this Company has another subordinate office at Clevedon Tea Estate at Kulaura of Moulvibazar. In view of this explanation 11 of section 20 of the Code of Civil Procedure and in view of the averment..Category: Procedural Law | Date: | Hits: 91
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......lty of the charges levelled against him and that there was no violation of any service rules in the process of awarding the sentence of dismissal to the respondent. Mr. Hossain also submitted that in view of the Tribunal's own finding that the negligence of the respondent was proved beyond reasonabl..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......39 and 439A together and hold that the powers and jurisdiction given to die Sessions Judge under section 439A and the High Court Division under section 439 arc concurrent, equal or alternative, in view of sub‑section (4) of section 439, the High Court Division had been expressly prohibited..Category: Criminal Law | Date: | Hits: 76
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