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Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......for permanent injunction to restrain the defendants from disturbing their possession. 3. The suit was contested by defendant No. 1 alone denying the material allegations of the plaintiffs. His case, as already referred to, is that Haider Sk. left a daughter named 'Unar Ma' whose heirs transfe......ative; but the learned Single Judge of the High Court Division in revision answered in the negative. 2. This arises from O. C. Suit No. 175 of 1978 in the First Court of Munsif, Bajitpur. The suit land was held in jote right by Aidhar alias Haider Sheikh and on his death his only son, Hossain Ali..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ...... rights, but the custom must be reasonable and certain." (AIR 1965 Raj. 219). The Easements Act was not applicable throughout India, but even then the principles were taken for deciding the cases on the Act to embody the principle of equity and good conscience. See Shiv Dyal Vs; Ram Das ......ment may be acquired by virtue of local custom. But it is completely different from customary right because customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ......puted question of fact was involved and the learned Judges of the High Court Division themselves have noticed but even then the Rule is made absolute in a highly controversial matter. 5. In this case the Election Commission has directed the acceptance of the result given by the Returning Offi......his appeal is allowed without any order as to cost. The judgment and order of the High Court Division is set aside and writ is recalled. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 87 ..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ating to the conduct of elections; (h) the manner in which votes are to be given; (i) the scrutiny and counting of votes, the declaration of the result and the procedure to be followed in case of equality of votes; (j) the custody and disposal of ballot papers and other papers rel......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64......xure-B), and that he was still in service and was entitled to get arrear salary from 1.7.1975. He also prayed for mandatory injunction directing the defendants to allow him to join his service. His case is that he was appointed as a lower division assistant by defendant No.1, the Chief Engineer,......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
.... by the Deputy Controller by his order dated 26.2.85. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 60. ......fting his shop to a suitable site as early as possible. For the reasons indicated above, however, the impugned order cannot be legally sustained. For all practical purposes the impugned order, in any case, has lost its force having been kept in abeyance for more than three years. 15. However, it ......e views of both need be accommodated. We have noted with appreciation that the Deputy Commissioner has indicated in his communication shown to us that "if the vendor comes up with proposal for khas land that may be made available to him on the basis of lease as per government rules." 14. It sho..Category: Others | Date: | Hits: 125
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
...... public. What is the expectation? To say it in short formula "if the defaulters are debarred in contesting local elections, how it is the defaulter can contest for the Parliamentary seat?" Take the case of this person, the appellant, he is debarred from contesting from the Union Council's electi......leton Vs. Texas P & L Co, 248 U.S. 152; Gulf Colorado Rly. v. Ellis, 165 U.S. 150; Shujat Ali vs. Union of India, AIR 1974, and SC 1631; the State of Madras Vs. V. G. Row, AIR 1952, and SC 196; Doland Paul Lublin Vs. Leonard Panish, US-SCR—39 L. Ed-2nd, 415-709; Bob Bullock Vs. Van Philip Cart..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......d that the question of attornment was not raised cither in the pleading or in the proceeding at any time. As a matter of fact, the question of attornment does not arise at all because the defendant's case is that he was never a tenant under anybody including the plaintiff’s predecessors. He denied......rs. He denied having paid any rent at all to the heirs of late Mr. Zakir Hussain. The plaintiffs having acquired good title from the heirs of late Mr. Zakir Hossain have stepped into the shoes of the landlord and in view of the findings made by the trial court that the defendant was a tenant under t..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25...... with effect from 3.3.86 and thus there was no scope to keep him in the post of Deputy Secretary by an order of injunction. 6. The learned Judge of the High Court Division upon a reference to some cases observed that the relief of temporary injunction may be granted to the employee of a statuto......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
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......arly against the added Defendant No.3, the auction purchaser who was impleaded in March 1966 i.e. years after the filing of the suit and 7 years from the time when the cause of action arose in this case that is when the decree was passed. Decree in Money suit No. 5 of 1957 was passed on 14.2.59, s......two Deeds of lease in favour of Defdt Nos. 1 and 2 transferring certain immovable property of the bank on 14.6.1954 for a total consideration of Rs. 21.000/-. This property measuring 18.77 acres of land, as shown in Schedule 2 of the plaint, had been purchased by the Bank in Mortgage Execution C..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. ......e this suit for declaration of title and khas possession. 3. Defendant—1 Appellant contested the suit by filing a written statement denying all the material allegations made in the plaint. His case, in short, is that the suit property originally belonged to Nabin Chandra Mondal and that he to......al below and restoring those of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longe..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 ......f 1860), sections 302 and 304, Part 1 Injury inflicted upon the victim by the appellant causing death of the victim after eleven days of causing such injury and considering the circumstances of the case and the nature of injury, the appellant cannot be held guilty of murder but he must bear the co......the incident. 7. The only question that calls for determination in this case is whether the conviction under section 302 of the Penal Code is justified. 8. The whole incident arose out of a land dispute. According to P.W.1 her brother Yasin had his original home at 200/300 yards away fro..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. ......t maintainable in the present form inasmuch as the carrier who is the necessary party being omitted the claim could not be adjudicated in their absence. Defendant No. 4 contended that this being a case of short landing the port has no liability for the claim, a short landing certificate having b..............................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage – short landing of imported goods- liability thereof There is nothing on record to prove that while ..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. ......g to implement the aforesaid terms of the said agreement. Accused were summoned by the Labour Court under section 26 of the Employment of Labour (Standing Orders) Act, 1965 in the Criminal case being Criminal case No. 61 of 1982. 4. The accused appellants submitted that they had......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. ...... Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of compromise in a suit, property not being the subject-matter of the suit and in case of such ......ment Badrul Haider Chowdhury J. — This appeal by special leave is directed against the judgment and order in Letters Patent No. 7 of 1967. 2. Plaintiffs' case, in short, was that the suit land i.e. 1/3rd of C.S. plot No. 839, 832, 842, 867 and 869 and half of C.S. No. 797 and whole of ot..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. ...... it had expired. This should be considered as waiver of the condition regarding limitation for passing the award…………………..(12) In the instant case the consent of the appellant in continuation of the arbitration proceeding is obvious since he......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. ......ision was confirmed with modification of granting solatium of Tk. 15000.00 in addition to the balance consideration money in favour of the defendant appellants considering special circumstance of the case………..(17) Cases Referred to- Jadu Nath Gupta vs. Chandra Bhusan (1931)36 CWN 28 5;......vision on 25 March 1982. 2. Plaintiff who is the respondent instituted Title Suit No.3 of 1976 in the 5th court of Subordinate Judge, Dhaka for specific performance of contract to sell the suit lands. Plaintiff's case was that the defendants entered into an agreement with him on November 2, 19..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. ......overnment 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 including its Jute Division had...... 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. ..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. ...... for declaration that he is still in service. On revision, the High Court Division took the view that the Additional District Judge incorrectly applied the principle laid down in the case of New Dacca Industries Ltd. Vs. Quamrul Huda and others, 31 DLR (AD) 234. In this view of the......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. ..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. ......per terms of dissolution of the partnership part of the consideration was paid to the plaintiff according to her share but major part remained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has al...... No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and th..Category: Business or Commercial Law | Date: | Hits: 114
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