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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 ......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 ...... Suchitra Kumar Das .............................Appellant Vs. Sree Indu Bhushan Sarker...................Respondent Judgment January 12th, 1981. Case Referred to- Zamiruddin Vs. Havas Khan 21 DLR (SC) 39; Muhammad Nurul Islam alias Nurul Vs. Anath Ram......ritten contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of the Conciliati..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 ......5(1) provides that all rules shall be notified in the Official Gazette and section 85(5) provides that all rules when duly made shall be deemed to form part of this Ordinance and shall have effect accordingly. 12. Section 86 of the Ordinance is important and it provides as follows: ......l Hoque (respondent No. 1 herein) that he was elected as the Chairman of Dapunia Union Parishad, Pabna Sadar Upazila, in 1988 and contested the same election for the same office on 22.1.92 but lost to the appellant Md. Abdul Mannan alias Manu by a narrow margin. Besides, respondent Nos. 5‑......ommissioner is the authority by whom the oath of office is to be administered and therefore the aforesaid Rules will also have to be read in tile light of the change in the substantive provision of law. In other words, it is the Deputy Commissioner or such officer as may be authorised by him befo..Category: Election Law | Date: | Hits: 136
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... on the part of such guardian. Mahajan J, who was on the same Bench, went further and observed that to deny the minor the plea of gross negligence of his guardian in such cases is to deny him bare justice and is to handicap him to fight against his adversary who can always be compensated when th......as filed was also dismissed by the High Court Division. A good number of points were raised before the High Court Division, namely, (a) that the heirs being minors were not represented in the Court according to the mandatory provision laid down in sub‑rule (4) of rule 3 of Order 32 of the C.............Appellants Vs. Chittagong Urban Co-operative Bank Ltd ..................Respondent Judgment March 10th, 1980. Cases Referred to- Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293; Iftekhar Hussain Vs. Beant S......names were given. The last point was argued vehemently before the High Court Division that the heirs of Nanibala were not substituted in the execution case and the High Court Division has erred in law in holding that the heirs of Nanibala were duly substituted although there is no such proof. ..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 ......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 ...... and another ……………Appellants [in both the Appeals] Vs Sunhar Ali and others ..................... Respondents [in both the Appeals] Judgment August 5th, 1993. Cases Referred to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Nars......ney and consequently awarded cost of Taka 1000.00 as compensation to the plaintiffs. It must be stated here that 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 sy..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
.... get full opportunity to defend himself and, that though there was no provision in the Regulations for second show cause notice before dismissal the plaintiff ought to have been given, in interest of justice, a second show cause notice. The High Court Division upheld the judgment of the court of app......s. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267‑270 where no witness was examined it was observed "The domestic tribunal is not a Court to follow procedures of a trial or enquiry according to the Civil Procedure Code. In appropriate cases the domestic tribunal may arrive at a ......h School, represented by the Secretary, Managing Committee .........Appellant Vs. Asgar Ali & others............................ Respondents Judgment March 3, 1994. Cases Referred to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delh......ttee unanimously decided to place him under suspension with effect from 12 January 1987. The plaintiff did not attend the school on 12 January 1987, but he engaged some goonda elements to disturb the law and order situation and academic atmosphere in the school. On a complaint the Officer‑in‑Cha..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....Dr. Kamal Hossain, learned counsel for the appellant, besides the point referred to in the beginning of the judgment also submitted at the leave granting stage that the minimum principle of natural justice was not followed while passing the impugned order in review. 4. Accused Shawkat Ali......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 ......minal Appeal No. 15 of 1991] Md. Idris Patwary.....................Accused-Appellant [Criminal Appeal No. 4 of 1992] Kazi Shaziruddin Ahmed ................Petitioner (In Custody) [Civil Petition No. 119 of 1991] Vs. Bangladesh, represented by the Sec......was argued, inter alia, that in the absence of explicit language empowering the CMLA to convert the order of acquittal into an order of conviction the impugned order of the CMLA had no sanction of law and as such the detenu was being detained in an unlawful manner and without any lawful authorit..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. ...... lessee or under‑lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106." 29. Th......nant can be evicted on the expiry of the period of lease without a notice under section 106 of the T.P. Act. Per Latifur Rahman J: The provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the......ld 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 by holding that the petitioner's lease was determined efflux of time and as such the SCC Judge c..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. ......‘barred. We find no reason to interfere in this case. 17. In the result, the two appeals, CA Nos. 24 and 82 of 1992 are allowed and the matters are remanded to the Appellate Tribunal for disposal according to law. No cost. Civil Petition for leave to appeal No. 346 of 1992 is dismissed. ATM......Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Wh...... Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together and each provision of the laws is to be saved, in the absence of a manifest contrary intention. A litigant is entitled to bene..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 ......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 ......r. M Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record (In CP No. 318193) - For the Respondent No. 1. Not Represented -Respondents. Civil Petition for Leave to Appeal Nos. 251 and 318 of 1993. (From the judgment and order dated April 20, 1993 passed......l dues under section 7 of the Artha Rin Adalat Act. Reliance is placed on Nagendra Nath Vs. Mon Mohan Singh AIR 1931 Cal 100. 7. The Artha Rin Adalat is a special forum created by a special law for adjudication of suits which can be filed by a Bank or a financial institution for recovery ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
.... that the Arbitrator was not bound by the old rules and practices followed by the Juries. His Lordship was also of the view that the Arbitrator got power to award interest on the ground of equity, justice, fairness and good conscience. In the Techno‑Impex Vs. Van Weedel, Lord Denning, no ......rbitration reference was barred by limitation under section 65 of the Arbitration Act, read with Article 115 of the Limitation Act; they also questioned the maintainability of the reference since, according to them, there was no dispute raised as to interest. The appellants contended that the re......desh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. Kibria and Associates Ltd. represented by its Managing Director Syed Golam Kibria ............... Respondent (In both the appeals) Judgment Febr......was that the Arbitration Award for the principal sum due along with interest was red. In coming to their conclusion the learned judges of the High Court Division noticed that there was no statutory law in Bangladesh empowering an Arbitrator to allow interest on his award, but held that under a d..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ...... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 .................Petitioner Vs. Mahbub Alam (Babul) and others ........................Respondents Judgment July, 4th 1993. Cases Referred to- 27 DLR 594; 38 DLR 401. Lawyers Involved: AK Badrul Haq...... for the petitioner, has contended that no evidence has yet been recorded in the Election case and no foundation for recounting has been established and, as such, the order for recounting is bad in law. In support of this contention he has referred to the decisions reported in 27 DLR 594 and 38 ..Category: Election Law | Date: | Hits: 119
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... Mr. Mainul Hosein, learned Counsel who entered Caveat on behalf of the petitioner-respondents, that the failure to supply the copy of the enquiry report is a violation of the principles of natural justice in the facts and circumstances of the case. We, therefore, find no ground for interference...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ......For the Petitioners. Mainul Hosein, Advocate (Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for leave to Appeal No. 12 of 1994. (From the Judgment and Order dated 6.12.93 passed by the High Cour......ision accepted the submission of the petitioner-respondents that a delegate cannot further delegate and the enquiry was respondent's readiness to provide copy the held by a person not authorised by law to hold the same. The basis of the allegations upon which the Managing Committee was dissolved ..Category: Others | Date: | Hits: 89
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 ......ubsequent refusal to adjust the money due to the plaintiff. No manner of doubt, therefore, that 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 ......rt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Khondaker Mahtabuddin Ahmed, Managing DireÂctor....... Petitioner-Defendant Vs. Matin Tea and Trading Company .................. .....R......HCD 364, M/s. Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 and Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1948 Lahore 56. 6. There is no dispute about the law which appears to be settled that a Corporation can be said to carry on business at the place whe..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ich it was acquired, as a notice not to show cause against resumption. The next contention is, that the High Court Division was wrong in holding that there was a violation of the principle of natural justice in the making of the impugned order in as much as it was not noticed that upon the represent......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... After compensation is paid for requisition of the land and that was admittedly duly received by the owner no order can be made for de-requisition of such acquired land……….(10) Case Referred to- Abdul Mannan Vs. Ministry of Land AdministraÂtion and Land Reforms, Government of Banglades......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... the order of dismissal from service was not a proper order in that all the circumstances in his favour were not taken into consideration in awarding the said punishment which caused a miscarriage of justice. Finally, the Tribunal by its judgment and order dated 22.10.91 allowed the application in p......of the respondent was not found. During the departmental enquiry, it was pointed out that, the respondent was not found actively involved with the importers for causing financial loss to the Bank and accordingly the Bank did not implicate the respondent in the criminal case nor impleaded him as a de......Appeal No. 51 of 1992 is dismissed. The Constitution of Bangladesh, 1972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under......ports for the benefit of so-called importers in utter disregard of his duties, that the whole transaction was collusively made for misappropriating Bank's money and that there was no violation of any law/rule or procedure in awarding the punishment of dismissal to the respondent. 4. The Administr..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....f the High Court Division to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.". 29. There is no dispute that section 561A is a non-obstante general pro......now i.e. after the Law Reforms Ordinance of 1978 came into being. Original sub‑section (4) of section 439 has been amended by Ordinance XLIX of 1978 (i.e. the Law Reform Ordinance 1978). Now, according to sub‑section (4) of' section 439, nothing in this section shall be deemed to aut...... 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Before disposal of these applications, it is necessary to say a few words in respect of sections 439 and 439A of the Code of Criminal Procedure. In the Co......ions Judge, 5th Court, Dhaka, under section 439 of the Code of Criminal Procedure respectively in Criminal Revisions Nos. 71 of 1992, 207 of 1993 and 439 of 1985. 2. Since the same points of law are involved in these three applications they are disposed of by this judgment. 3. Befo..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ase, has said "No". Leave has been granted by us in this case not only to re-examine this question but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much aware that......). This observation is erroneous, as there is no dissent in the latest decision 45 DLR (AD) 9. 14. As to probable remedies against a decision of the Sessions Judge under section 439A, when, according to them, High Court Division got no jurisdiction under the Code, the learned Judges have ......te (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For the Appellants. Md. Ozair Farooq, Advocate-on-Record-For the Respondent No. 2. Aminul Huq, Attorney-General, (Sharifuddin Chaklader, AAG with him)-For the Respondent No. 1. Criminal Ap......estion but to put an end to the chaos, confusion and anarchy in the administration of criminal justice, created by the impugned judgment of the High Court Division, which is very much aware that a law declared by the Appellate Division is binding upon all the Courts including the High Court Divi..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......1) On making an award under section 7, the Deputy Commissioner shall, before taking possession of the property, tender payment of the compensation awarded by him to the persons entitled thereto according to the award, and shall pay it to them unless prevented by some one or more of the conti......istry of Land Administration and Land Reforms and ors; ......Respondents (In Civil Petition No. 58 of 1993) Judgment November 15, 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Additional AttorneyÂ-General, (B Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Md. Wahidullah......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
.... other forum, such as the Court, to realise interest on the award; interest pendente lite is not a matter of substantive law like interest for the period anterior to the reference; for doing complete justice; such power has always been inferred". We however will not express any view on this question......ment by the Pay Order dated 26.6.86 at the reduced rate of Taka 1,25,439 per unit was full and final payment; the trial Court accepted the plaintiff's claim that this payment was “provisional", and accordingly found that an amount of Taka 1,04,56, 100 remained unpaid. The Court on this finding dec......ction 61 (2) The Contract Act, 1872 (IX of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of pric...... of 1872), section 73 The order for payment of Taka 33 lac is covered both by the general principles governing payment of interest for the period prior to institution of the suit and by specific laws providing for compensation for non‑payment of price of goods supplied. The general principles..Category: Business or Commercial Law | Date: | Hits: 128
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......n Nessa..............Respondent Naushad Ali .... Appellant Vs. Begum Fazilatun Nessa.................Respondent Judgment November 5th, 1980. Case Referred to- Ramjan Ali Mistry Vs. Hedayetulah 31 DLR (AD) 183. Lawyers Involved: Golam......ment of the learned Single Judge it appears that he totally omitted to consider as to whether the situation prevailing at that time prevented the tenant from complying with the requirements of the law to get the protection as provided therein. From the judgment it appears that the learned Judge ..Category: Property Law | Date: | Hits: 79
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