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Additional Deputy Commissioner (Revenue), Manikgonj Vs. Md. Siddiqur Rahman & ors, 1994, 23 CLC (AD)
....dur Rahman. The summary rejection of the revisional application is perfectly justified. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 179 ......n from the admittedly original owner, Sunil Chandra Ghosh. But when defendant No. 7, claiming to be a lessee of the Government, threatened the plaintiffs with dispossession, they filed the suit in question (Title Suit No. 215 of 1984) for declaration of title and confirmation of possession, etc.......rder dated 27 March, 1991. Petitioner is now seeking leave to appeal from the said order. 2. Mr. Moksudur Rahman, learned Advocate for the petitioner, contends that the concurrent finding of facts arrived at by the trial Court and the appellate Court is not based on proper consideration o..Category: Property Law | Date: | Hits: 62
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. ......s to be disposed of within six months from its institution. Section 6 provides that subject to the provisions of section 7, the proceeding, order, judgment and decree of an Artha Rin Adalat cannot be questioned before any Court or any other authority. An application by a defendant under Order IX rul......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. ..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 ...... not been proved in this case as 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 ......ry is agreed to be given at the time of or before the marriage as a consideration for the marriage. In the case of Mihir Lal Saha Poddar Vs. Zhunu Rani Saha 37 DLR 227 (again a case of quashing), the facts are, that a couple was married in 1980 according to Hindu religious rites and a female child w..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 ...... Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from ......ts judgment" was challenged. We do not understand how an application for the correction of mere arithmetical error or any accidental slip can be treated as an application for review. However, facts of that case are quite distinguishable from that in the instant case. The learned Additional ..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 ......e High Court Division in Writ Petition No. 330 of 1987). Judgment: Mustafa Kamal J.- The question that arises in this appeal by leave is whether the provisions of section 141 of the Code o......ches and found the explanation for non‑appearance at the time of hearing to be "rather unsatisfactory" and "rather unhappy". But as in the supplementary affidavit certain facts have been set out the learned Judges felt inclined to hear the Rule in the presence of the re..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 ...... CA 172 of 1979 from CR 942 of 1973. Judgment: Kemaluddin Hossain CJ.- This appeal by special leave raises the question whether the Small Cause Court could declare a decree passed in a title suit by a civil Cou......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 ..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries 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 ......elease, inasmuch as, no such stand was taken in their affidavit‑ in‑opposition, nor any paper was produced before the Court to show that the Government had revised the earlier order in question. The High Court Division noticed even "the respondent No. 3 did not take the stand th......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 ..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. ......ble to the school. The Board contended that an order in favour of forming a Committee under Regulation 4(1) was obtained in 1986 by misleading the Board officials. 5. Central to the dispute is the question as to which of the Regulations, Regulation 4(1) or Regulation 20(1), will apply in the pres......ll. And the Members from teachers, guardians, etc. are also to be elected in stated proportions as in Regulation 4(1). 8.The High Court Division after noticing Regulation 20(1) held that "from the facts and circumstances" it cannot be said that the school was run in accordance with the terms of a..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 ......liation Courts. These decisions are reported as Muhammad Nurul Islam alias Nurul Vs. Anath Ram Sarma 17 DLR 261 and Civil Reference No. 1 of 17 DLR 415. We may point out that in these cases the question whether the word "contracts" in sub‑section (1) of section 8 of Part I of......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 ..Category: Property Law | Date: | Hits: 70
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ......he Court in the cases of short term imprisonments. The learned Advocate has also tried to go into the merit of the case alleging that there is no satisfactory evidence that the prohibited goods in question were recovered from possession of the petitioners. Since the matter before us relates to b...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..Category: Criminal Law | Date: | Hits: 55
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 ......quot;prescribed period" in the aforesaid Rules is applicable only when the Deputy Commissioner fixes a date within thirty days from the date of publication of the names of persons elected. The question of showing any good cause for administering the oath of office on 15.4.92 also does not ar...... their learned Advocates, informed the Court that they had no instruction in the matter. 5. The High Court Division accepted the legal submissions of the writ petitioner on such unchallenged facts and made the Rule Nisi absolute declaring that the office of the Chairman held by the appell..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 ......suit being Other Suits No. 60 of 1959/20 of 1961 in the Court of Subordinate Judge, 2nd Court, Chittagong for declaration and confirmation of possession on the ground, inter alia, that the sale in question in mortgage execution case is fraudulent one and the plaintiffs were not made parties ther......ligence in instance similar to the one I have given amounts to fraud. I cannot subscribe to this view because gross negligence and fraud are in law two mutually exclusive concepts though the same facts may be evidence either of one or the other. In my view, therefore, apart from fraud, gross n..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 ......ngle Judge considered Order 6 rule 17 of the Code of Civil Procedure and allowed the amendment of the pleadings as he thought that such amendment was necessary for the purpose of determining the real question of controversy between the parties. 9. It may be pointed out here that the real question......e defendants filed an application for amendment of their written statement stating that defendant No. 1 who resides in UK had been there when the written statement was filed and as such some material facts were not stated in the written statement and therefore prayed for adding the additional fact t..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. ...... that the allegations of corruption and misappropriation, made against him, were false; that the enquiry committee did not hold that enquiry properly; that the Committee only asked him to answer four questions and it did not examine any witness or any paper in his presence. It was further urged that......ned counsel for respondent No. 1 frankly concedes that the plaintiff was not entitled to a second show cause notice before the passing of the order of dismissal. He has, however, insisted that in the facts of the case the plaintiff was not given full opportunity to defend himself before the enquiry ..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 ......1992 and Civil Petition No. 119 of 1991. Judgment: ATM Afzal J.- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had ju...... paragraph 19(2) of the Fourth Schedule of the Constitution. 2. To start with, the facts of the respective cases may be briefly noticed. In Civil Appeal No, 51 of 1989 the appellant ..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. ......y filing a written statement contending, inter alia, that the suit was not maintainable as no notice under section 106 of the Transfer of Property Act was served upon the defendant; that the lease in question was not a periodical lease and that he was not a defaulter in payment of rent as he regular......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. ..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. ......Act VII of 1981 and the Rules, 1985 are to be construed harmoniously and beneficially for the Government servants, reliance is placed on Kadir Bux Vs. Province of Sind 1982 SCMR 593. In that case the question arose as to the period off limitation available to a civil servant for filing an appeal und......riod of limitation being 30 days and days of statutory prohibition being 90 days, only 120 days from the date of the original order will be available for filing appeal before the Tribunal. On law and facts this case will be of little help, though the report of the case contains an interesting discus..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ......Act, 1940. The learned Subordinate Judge had, in his judgment, modified an award dated 20 September 1990 made by an Arbitrator appointed by the parties to a contract for construction work. The main question raised for determination in these two appeals before us relates to the Arbitrator's power ...... 19. Thus the question raised in Civil Appeal No. 43 of 1993 is answered. But whether the respondents are entitled to interest under the principles (b) and (c), as described above, on the facts and circumstances of this case, we shall see to it after we consider whether the award itself..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... 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 ...... 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 ......t pay the requisite fee. 8. We have perused Rules 182 and 183 of the Co-operative Societies Rules, 1987 and we do not find that to obtain a copy of an enquiry report under section 84, in the facts and circumstances of the case, Court fees have to be paid. The petitioner respondents ma..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 ......no part of the cause of action accrues at the place of the branch office the mere fact of the corporation having a branch office at the place will not give the Court jurisdiction. Therefore, the moot question is whether the cause of action of the suit or any part thereof arose at the Clevedon Tea Es......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 ..Category: Procedural Law | Date: | Hits: 91
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