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Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....h can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences." "237. (1) If, in the ca...........................................Respondent Judgment April 3, 1989. The Code of Criminal Procedure, 1898 (V of 1898), sections 235-237, 403 & 403(2) In this case "robbery" and "unauthorised possession of fire arms" are not the offences of same nature as contemplated in these two sec......ised before the trial Court nor before the appellate Court, nor was it mentioned in the leave petition. 8. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....edly the loan was not repaid within 27.1.88 (according to Annexure D (1) it should be 27.1.87) and therefore, the appellant was a defaulter. 6. Leave was granted to consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whethe......of Bangladesh, 1972, Article 102 The election of a candidate could not be challenged under Article 102 of the Constitution but when the candidate after being elected assumes the office of chairman or other public office then any person can invoke the provision of sub-article 2 (b)(ii) of Article ......n was not repaid within 27.1.88 (according to Annexure D (1) it should be 27.1.87) and therefore, the appellant was a defaulter. 6. Leave was granted to consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whether the High C..Category: Election Law | Date: | Hits: 130
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......nt May 23, 2006. Cases Referred To- Anwar Hossain vs Bangladesh, 1989 BLD (Spl) 1 paragraph 324; ATM Ali Reza Khan vs Election Commission 50 DLR 58 and PUCL and others vs Electoral Registration Officer (1995) 3 SCC 101. Lawyers Involved: TH Khan, Senior Advocat......neous. 58. He refers to Rule 16 providing elaborate procedure for inclusion of those in the voter list who have been excluded and thus submits that they are not without any remedy. 59. He also takes exception to the following observation of the High Court Division ..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... for declaring what cases or what class of cases shall be heard at the outlying areas. It is not for the Chief Executive to initiate such proposal far less for assigning areas for permanent benches alternatively (as the exercise was done by proclamation dated 17th June, 1986) for holding Sessions.......thers..........Respondents (In Civil Petition No. 3 of 1989). Judgment September 2, 1989. The Constitution of Bangladesh, 1972, Article 100, 107 & 142 Majority view Per B.H. Chowdhury, J: Basic structural pillars of the Constitution c...... relied on. 128. The learned Attorney-General failed to show us the object and purpose of the impugned legislation nor could he make any submission as to the necessity of such amendment which will remedy the defects as laid down in Heydon Rule. In that well-known decision (1584) 76 E R 637 it was..Category: Constitutional Law | Date: | Hits: 1934
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......airman, Dhaka Improvement Trust, D.I.T. Building, Dhaka & others.......Respondents Judgment November 20, 1988. Principle of natural justice A.C.Rs had been considered without previously informing the appellant of the adverse remarks against which he could make a representation. A little e......rse remark the officer concerned gets a period for correction and in the next year the higher officer gets an occasion to make remarks whether the officer reported upon has or has not taken step to remedy the defects pointed out to him. The appellant can legitimately make a grievance that if the a..Category: Employment/Service Law | Date: | Hits: 89
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....by the Chairman shall also be a representative member. There is no ambiguity or any uncertainty as to the total members of the Upazila Parishad. 31. Mr. Bhuiyan relied on Bombay case to argue his alternative point namely, if the acting chairmen are excluded, still the impugned no-confidence moti......And Monirul Huq and others.............................. Respondents(In C.P. No. 310 of 1988) Judgment Februarys, 1989. The Local Government (Upazila Parishad and Upazila Administration Reorganisation) Ordinance, 1982 (59 of 1982), section 4(3) The Acting Chairman merely functions in t......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Nuruzzaman Sarkar.........................................Petitioner Vs. Seraj Mia & ors...........................................Respondents Judgment August 10, 1988. The Sp......rty. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum. ………………..(6) Lawyers Involved: T..Category: Property Law | Date: | Hits: 75
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 ...... December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the former is entitled to retain possession. This question was rightly answ......d Single Judge is found to have proceeded on the assumption that whether the plaintiffs exclusively possessed any specific shares of the suit-land, or not, if they are co-sharers in the joint land, remedy by way of injunction would not be available to one co-sharer against another. The learned Sin..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....t the respondents praying for declaration of their right of way over the suit lands, a pathway, and for permanent injunction restraining the defendants from causing any damage thereto and/or in the alternative interfering with plaintiff’s access over the suit property. 3. The plaintiffs claim...... 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 disputed property, but......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 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....e Supreme Court of Pakistan noticed the expression "the Court is satisfied that no other remedy is provided by law" and concluded that this is not the same thing as saying that the existence of any alternative mode of seeking some other kind of remedy is by itself sufficient. The Court, however, p......………Respondents (In Civil Appeal No. 40 of 1988) Mozammel Hossain Khan..........Appellant (In Civil Appeal No. 38 of 1988) Vs. The Returning Officer & Upazila Education Officer, Kishoreganj, Nilphamari & Others. ………Respondents (In Civil Appeal No. 38 of 1988) Kalimuddi......h Court under Article 102 in election matters is unwarranted and pointed out that Article 102 is hedged by sub-article 2 mainly "if the High Court Division is satisfied no other equally efficacious remedy is provided by law" then only this jurisdiction will be exercised. But when a jurisdictio..Category: Election Law | Date: | Hits: 165
Gopal Chandra Shah Vs. The Deputy Commissioner, Sunamganj & another, 1989, 18 CLC (AD)
....ce and pending such shifting agreed to sell liquor by opening a door on the back side and closing the front door and thus complied with his orders but the Deputy Commissioner without suggesting any alternative site and/or agreeing to the alternative site suggested by the Chairman of the Local Pour......9), section 2(5) The General Clauses Act, 1897 (X of 1897), section 3(10) The Excise Act, 1909 (V of (1909), section 26(1) Under section 26 (1) of the Excise Act a District Magistrate is authorised to order closing down a liquor shop at such times or for such period as he think necessary fo...... 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. ..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
......sult:
The appeal fails.
The Constitution of the People’s Republic of Bangladesh, 1972
The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 7(2) (g)
The provision for disqualification of a member of the Union Parishad under section 7(2)(g) of the Union Parishad Or......d say: "There is nothing we can do about it". Whenever the strict interpretation of a statute gives rise to an absurd and unjust situation, the judges can and should use their good sense to remedy it by reading words in, if necessary- so as to do what parliament would have done, had they..
Category: Election Law | Date: | Hits: 212
Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corporation, 1985, 14 CLC (AD)
....cement alleged to have been stored in shed No. 5. 15. The question that remains to be determined is whether the decree can be passed jointly against defendant Nos. 1, 2 and 4 or in the alternative, whether plaintiff-appellant should be directed to file a separate suit claiming ......wdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Railway ........................................................Appellant Vs. M/s. Chartering and Shipbroking Corporation. .............Respondents Judgment June 10, 1984. Damage &nd......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. ..Category: Civil Law | Date: | Hits: 89
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. ......li Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed or ignored on the plea that the security on the basis ......the country took over the entire Ispahani Group of Industries including the properties hypothecated to the predecessor of the Sonali Bank, respondent No. 1, against which the appellant company had no remedy, respondent No. 1 should have, in all fairness, proceeded against the Government. Liability t..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. ......TM Masud J Syed Md. Mohsen Ali J Md. Motahar Hossain Khan…...........................................…..........Appellant Vs. Bangladesh Jute Mills Corporation............................................Respondents Judgment March ......d servant, for which no action for declaration or illegality of the order of dismissal from service in a Civil Court or in the Writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for damages for wrongful dismissal." In this case..Category: Employment/Service Law | Date: | Hits: 92
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his share may as well be tried prior to d......haracter of the suit would not be changed, and that the High Court Division was not correct in rejecting the application for amendment. Further, it was contended that the proper and indeed the only remedy available to partner in an unregistered firm or whose name does not appear on the Register o..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......5 BLD (AD) 59....... contends that the execution of an ex parte decree does not render the application for setting aside the ex parte decree infructuous, for, even after execution of the decree, the petitioner has got remedy by way of restitution under section 144 C P C; and in support of this contention, the learned..Category: Procedural Law | Date: | Hits: 93
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....f his and on his request the plaintiff gave the defendant and his family temporary accommodation in his premises in 1956 on clear understanding that they would vacate the same on securing alternative accommodation. The defendant was making delay in finding alternative accommodatio......pellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Mohsen Ali J Mehar Khatun and ors............................... Appellants Vs. Sarat Kumar Kanungoe…&hel......appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ..Category: Property Law | Date: | Hits: 24
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court 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) 183; BCR 1985 (AD) 73. ....................... Respondents Judgment December 13, 1983. The Code of Civil Procedure, 1908 (V of 1908), Order 21, rule 32 A person disobeys an injunction not only when he fails to perform an act which he is directed to do but also when he does an act which he is prohibited from doing......ffirmed the order of the trial court. The learned Single Judge noticed that the petition under Order 21, rule 32 was maintainable independently inasmuch as Rule 32 (1) CPC provides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitory injunction..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....clearly that though, in general, income from property held in trust wholly for religious or charitable purpose is exempted from income-tax, but when the said property is a 'business' then two alternative conditions have been imposed for getting that exemption, one condition being that the b...... Ghaus-i-Pak-i-Azam Welfare Trust........................Respondent (In all the cases) Judgment February 6, 1984. The Income Tax Act (II of 1922) Section 4 (3)(i) For an income derived from business of a trust the exemption under the Income Tax Act will not be a......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
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