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Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shearers. Non-recording of additional evidence on this point even though raised later. However, for preventing an injustice additional evidence is permissible for the decision of the Court. The ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......ng the old holding in the same mutation cases and the new Khatians bearing Nos. 3067 and 3068 as annexure A, A (1), B, B (1), and C(1) respectively. By their judgment dated 6.1.83 the learned Judges of the High Court Division rejected the application for additional evidence and also di..Category: Property Law | Date: | Hits: 34
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ssed by the High Court Division, Dhaka January 11, 1983. 2. Plaintiff instituted Money Suit No. 184 of 1981 in the court of Subordinate Judge, Dhaka on June 19, 1981 against the defendants for realisation of Tk. 5, 85,841.76 on account of freight compensation. Defendant-respondent N......;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......shy;ter-claim as an equitable set-off in the suit. Plaintiff-appellant moved the High Court Division under section 115(1) of the Code of Civil Procedure which was summarily rejected by the learned Judges of the High Court Division. 4. Being aggrieved plaintiff-appellant moved this ..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......ment Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......t in the way the Pakistan Supreme Court has interpreted, the main purpose of the exemption will be defeated. This aspect of question also received due consideration from that Court and the learned Judges cited a number of probable reasons for such statutory restriction on the exemption. Learned ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ......s 67 and 68 The Succession Act, 1925 (39 of 1925), Section 63 The very fact of testamentary disposition is associated with preferring some heirs to others, causing deprivation to one for the benefit of another and if the testator, who got absolute right to dispose of his property b......d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... of finger prints is almost an accurate science the learned District Judge took the expert's opinion as additional evidence of the execution of the will by Haricharan. 8. The learned Judges of the High Court Division however rejected the direct evidence of execution of the will giv..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ority and no order of injunction shall lie…….(7) The Bank wanted to proceed against the properties which were offered as security against the loan obtained by the appellants before it was treated as abandoned property, but in all fairness the Bank should have made them parti......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......e appeal and the connected Rule on 9th November, 1982 the High Court Division dismissed the appeal and the Rule was also discharged. The views of the Subordinate Judge were approved by the learned Judges. 6. On 6th March, 1982 appellants obtained special leave to appeal on the conte..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......nd liberty of a person, and not only laws extend protection to such right, even the Constitution has, subject to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of con...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... for its sale. 8. It appears from the judgment of the High Court Division that the only ground upon which it discharged the Rule is that the property in question is, in the opinion of the learned Judges, an abandoned properly. The only other point mentioned in the impugned judgment is that "in t..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action under law should not be taken against him for allowing the Trawler in question to escape from the lawful custody and for not informing the C......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......ration, Chittagong, (though neither a plaintiff nor defendant in the suit out of which this appeal has arisen), has become involved at the appellate stage in consequence of a direction by the learned Judges of the High Court Division issued on June 20, 1981 to show-cause why appropriate action und..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. .................................Appellants Vs. Baktear Ahmed Chowdhury & other.............................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enfor......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ...... May 25, 1981 the trial court passed an order for appointment of receiver. Against this order, appellants preferred the aforesaid first miscellaneous appeal in the High Court Division. The learned Judges who heard the appeal affirmed the decision of the trial court on the finding that there was ..Category: Property Law | Date: | Hits: 45
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... The appellant is claiming custody of his daughter who is in judicial custody at the same time the respondent claiming himself husband of the detenu seeks her custody. The matter is pending before the Chief Metropolitan Magistrate for disposal. For ends of justice both the parties should b...... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... Nadia Begum, his legally married wife and he has vital interest in her release and he being the husband of the detenue, is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected th..Category: Criminal Law | Date: | Hits: 58
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......spondents Judgment May 22, 1983. In case of impleading the corporation the requirement of law is that two months’ notice in writing has to be given to the corporation before filing of the suit. The act complained of is an order of dismissal and the act is done under ......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......2nd Court, Dhaka set aside the trial court's judgment and dismissed the suit. Plaintiff-respondent moved the High Court Division against the judgment of the first appellate court. The learned Judges of the High Court Division who heard the aforesaid revisional case set aside the judgment an..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......ult: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant, Shaukat Raja, challenged the Final Report by filing a naraji-petition, which was subseque......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......02 read with sections 34 and 109 of the Penal Code, by an order dated 10 June, 1982. This proceeding was challenged by an application under section 561A of the Criminal Procedure Code but the learned Judges of the High Court Division by their impugned order dated 24 November, 1982 dismissed the appl..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......ciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested the suit “in a half he......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......is rather unhappy. The plaintiff adduced 4 witnesses to prove his case of the execution of bainapatra. He himself deposed to say that the document had been executed by defendant No. 1. The learned Judges, however, took exception "because he did not say how defendant No. 1 signed it. Because..Category: Property Law | Date: | Hits: 30
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......eanwhile the appellant's lease was cancelled and the 2nd party respondent in collusion with the Railway employee of the Divisional Estate Office at Pahartali, Chittagong, secured a demand note for the land issued in the name of the 2nd party respondent, who paid the arrear licence fee for th......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......of proceeding at his instance under section 145 Cr.P.C. with respect to the disputed premises, was beyond the jurisdiction of the Magistrate under section 145 Cr.P.C. 11. The learned Judges of the High Court Division, on consideration of the materials on record found that the 2nd p..Category: Criminal Law | Date: | Hits: 75
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ............................Respondents Judgment October 19, 1983. The Criminal Procedure Code, 1898 (V of 1898), Sections 435, 439. Under section 439 Cr.P.C. the Court even Suo motu can call for the records and there is no legal bar in filing revisional application before the High Court D...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......on 439 of the Criminal Procedure Code is wide enough to interfere with the finding of facts arrived at by the Court of appeal below if any illegality is found in the impugned order. The learned Judges of the High Court Division clearly misconceived the provision of section 439 of the Code of C..Category: Anti-Corruption Laws | Date: | Hits: 112
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......med J.- This appeal by the plaintiff arises out of an order of the High Court Division dated 29 April 1982 setting aside, in revision, the trial Court's order allowing amendment of the plaint for the purpose of raising the claim from Tk. 5000/- to Tk. 39,000/-. 2. The appellant fil......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ......s, by his order dated 15th April 1981. This order was challenged before the High Court Division by a revisional application which was registered as Civil Revision No. 1813 of 1981, and the learned Judges by their impugned order reversed the trial Court's order and dismissed the application for a..Category: Civil Law | Date: | Hits: 87
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......right of not being reverted to his parent department. Since the appellant did not join his parent department after the order which amounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) ......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......tive) Class II service for no fixed period of definite duration and having been continuously in the said service for over five years can be termed temporary, and secondly, whether the learned Judges of the High Court Division committed error of law in not holding that the appellant acq..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled t......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......A Cr.P.C. for quashing the proceeding on the ground that the facts which have been set out do not constitute any criminal offence and therefore the criminal prosecution should be quashed. The learned Judges of the High Court Division discharged the rule by a cryptic order which is as follows: ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......the 1st Court of Munsif, Mymensingh, against the respondents and many other defendants. Details of the suit which proceeded in a zigzag way need not be given. The suit was decreed in a preliminary form on 16 February 1974 by the lower Appellate Court upon setting aside the judgment of the trial ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......ution as given in that case was that even after the preliminary decree is passed the suit continues and that until the final decree is passed the proceedings of the suit remain pending. The learned Judges of the Full Bench, however, held that though a suit continues and proceedings remain pendin..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure.......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......od of limitation. If the execution petition is hit by any of the two provisions it is to fail." This is a correct approach and it is interesting to note that the learned Judges commented that these two provisions though expressed in different language "create ano..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......to litigation or of their lawyers……………..(5) The question of benami nature of kabala on the basis of which pre-emption is claimed can not be gone into and determined in a proceeding for pre-emption……………..(5) Power of revision under section 115(1) C.P.C. may be ex...... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......question of benami transaction can be gone into and determined in a proceeding for pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950. In both the cases, learned respective Judges of the Single Bench of the High Court Division answered the question in the negative and al..Category: Property Law | Date: | Hits: 122
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