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A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....to decide certain matters but such enquiry will not come within the purview of judicial enquiry because the power to decide judicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territor...... any order, unless specifically barred, including an order for re-poll, acceptance/consolidation of result, review etc. on the basis of materials before it. The observance of the rule of audi alteram partem though desirable in some circumstances is not an invariable pre-condition for the validity of......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)
....unsif, Second Court, Barisal for a declaration that defendant No.2 Superintending Engineer, Public Health Engineering, in short P.H.E., Khulna Circle by his Memo N0.1207/KC dated 25.4.1977 (vide Annexure-A) illegally initiated a departmental proceeding against him and by his office order dated 16t......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......ny infirmity. After considering North-West Frontier Province V. Suraj Narain Anand 751.A. 342 H. Rahman CJ. held in Pakistan vs. M/S.A.V. Isaacs 22 DLR (SC) 371: "It seems to me that if the dismissal was wrongful, then it was due to no fault of the servant that he was prevented from se..Category: Employment/Service Law | Date: | Hits: 103
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
.... promoted post of deputy secretary. Reversion to the original post is not necessarily always penal. A relief of temporary injunction cannot be granted just for the mere asking of it. The principle of exercise of discretion must be performed upon correct judicial principles, which has been violated a......awyers Involved: Akram Hossain Amin, Advocate-on-Record— For the Appellants. Mahbubur Rahman, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte— Respondent No. 2 Civil Appeal No. 8 of 1987. Judgement A.T.M. Afzal J. — This is......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
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....ng that the plaintiff was not in possession since his alleged kabala in 1956; the clear legal inference is that the suit was barred by limitation. The learned Judge of the High Court Division plainly exceeded his jurisdiction under section 100 C.P.C. and unnecessarily interfered with the decision of...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 46
Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Operative Union Ltd., 1985, 14 CLC (AD)
....he High Court Division under section 411 of the Code of Criminal Procedure………………………..(10 & 11) When the Labour Court exercise its jurisdiction for trial of offences under the Labour law, it does so as a Magistrate of......dure………….(12) Lawyers involved: Khalilur Rahman, Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Appellant. Ex-parte—For the Respondent. Criminal Appeal No. 8 of 1984. (From the judgment......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
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....– 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 of which the loan was taken has ceased to exist or destroyed…………………(56) Loan-Contract-Guarantor’s Liability Guarantor’s ......ssion with itself, it cannot possibly lie in its mouth to deny the liability to repay the loan on the ground that the security has been lost, or destroyed or taken away by somebody by force or it had parted with its possession under compulsion……(53) The guarantor is not only responsible for ...... 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)
....or which the plaintiff was charge sheeted as to show cause why disciplinary action should not be taken against him including dismissal. An enquiry Committee was formed and this Committee upon examination of documents, and statements from the plaintiff eventually found the appellant gui......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. ......d restoring those of the trial court. 2. Plaintiff is the appellant. He filed Title Suit No. 137 of 1976 in the 2nd Court of Subordinate Judge, Dhaka for declaration that the order of his dismissal was malafide, void, illegal, arbitrary and of no legal effect and that the appellant was ..Category: Employment/Service Law | Date: | Hits: 92
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....been carrying on business as partner of a Chinese Hotel and Restaurant in the name and style "Cafe China" in a rented house at Segun Bagicha, Dhaka from 1.1.62 and subsequently a partnership deed was executed between the parties on 4.10.62 which was duly registered with the Registrar of Firm at Dhak...... 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. ......leased in his favour; that the plaintiff was all along in this country but she did not get the property released and she did nothing for the partnership since the dissolution in 1967 and prayed for dismissal of the suit. 5. The trial court dismissed the suit on the finding, inter alia, that th..Category: Business or Commercial Law | Date: | Hits: 114
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
.... such is not immune from interference in revision under section 115 C.P.C. The High Court Division in the circumstances of the cases rightly interfered therewith…………….(8) Due to prior execution of the decree, proceeding under Order IX rule 13 do not become infractuous if otherwise fo......ed in this case. 2. This appeal is directed against the High Court Division's order dated 4 March 1982 in Civil Division No. 495 of 1981 reversing an order of the Subordinate Judge by which an ex parte decree dated 28 September 1974 was set aside under Order IX Rule 13 of the Civil Procedure Cod......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...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....P.C……………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have settled up all their ......e-on-Record —For the Appellants. M. M. Haque, Advocate instructed by B. Hossain, Advocate-on-Record—For the Respondent Nos. 1 & 2. Respondents No. 3 to 8- Ex-parte. Civil Appeal No. 137 of 1982. ( From the judgment and order dated 22.3.82...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
....bour (S.O) Act, 1965 (8 of 1965) Section 25 The Industrial Relations Ordinance, 1969 (23 of 1969) Section 35 Interpretation of Statute When the law has conferred jurisdiction expressly, no amount of consent by the parties invests a Court with jurisdiction which is not given......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......ment of Labour (Standing Order) Act, 1965. The respondent filed a case under section 25 which was marked as Complaint Case No. 29 of 1980 in the Labour Court of Rajshahi for a declaration that the dismissal order dated 20.6.80 was illegal and without jurisdiction and for an order to reinstate th..Category: Labour and Industrial Law | Date: | Hits: 115
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....ngladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachment or sale by any ......ad Yunus Abdus Sattar ceased to be directors/share-holders of the appellant company prior to 1969. 5. The aforesaid suit for foreclosure and sale of the mortgaged properties was decreed ex parte. Decree-holder Sonali Bank put the decree in execution in Title Execution Case No. 46 of 1980......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. ..Category: Property Law | Date: | Hits: 47
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
.... hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Civil Procedure Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyond two years under section 8 of the Maritime Convention Act, 1911, the ......ecord —For the Respondents Nos. 1 & 2 (In all the appeals.) M. Hafizullah, Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For Respondent No. 3. Ex-parte—For the Respondent No. 4 (In all the appeals.) Civil Appeal No. 113 to 116 of ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ppellant to challenge the title of the plaintiff. The learned Judge found that the appellant, Custodian of Enemy Property, had no document in his possession to claim the property as enemy property except the record of right containing the disputed entry. Before the High Court Division no one app...... Hossain, Advocate-on -Record—For the Appellant in all the appeals. B. N. Chowdhury, Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record—for the Respondent. Ex parte—For the Respondent Nos. 2-7. Civil Appeal Nos. 128-132 of 1982. (From ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....nths’ 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 the Ordinance. Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As ......d by Sharifuddin Chaklader, Advocate-on-Record—For the Appellant. Abdul Jalil, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2-8. Civil Appeal No. 139 of 1982. (From the Judgment...... 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 the Ordinance. Six months must expire from the date of the ord..Category: Employment/Service Law | Date: | Hits: 63
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....resh complaint against the same accused persons on the same allegation. C.R. Case No. 299(1) 82 under various sections of the Penal Code including section 302 of the Penal Code was. The Magistrate examined the complainant on oath, held an enquiry himself and took cognizance of the offence of mu......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. ......itness, or by getting an enquiry held under section 202 by some other persons……(5) The Code of Criminal Procedure, 1898 (V of 1898), Section 403 Acquittal, Release or Discharge After dismissal of a complaint or discharge of an accused, a fresh complaint may be entertained on the sam..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....er it is a civil liability or criminal offence depends upon facts, whether the complainant in parting with his …. Acted on the representation of the accused and on behalf of the trust thereon. The next question will be whether this representation when made was in fact false to the knowledge of the......5; Bombay A.I.R. 1932(57), Mad A.I.R. 1914, Mad 265 & Patna High Court A.I.R. 1920 Patna 112; Velji Raghwap Patel Vs The State of Maharashtra, A.I.R. 1965, S.C. 1433, A.I.R. 1951, Calcutta 69; ex parte Delhasse 1877-78 Volume VII Law Reports page 511; Cox Vs Hickman (1860) 8. SLC 268; Mollwo, Ma......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. ..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ip;…..............................Respondents Judgment June 2, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possess......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. ......ing, found the plaintiff absent, whereupon the trial Court dismissed the suit "for want of further prosecution". The Privy Council to which the matter ultimately went, held this order of dismissal to be "unfortunate", and further held that after a decree has been passed the s..Category: Others | Date: | Hits: 97
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
....bala 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 exercised by the High Court Division even suo motu……………..(6) Cases Referred to-&n......e Appellant (In Civil Appeal No.123 of 1982). M. A. Wahhab Mian, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent No.1 (In Civil Appeal No.103 of 1933). Ex-parte - Respondent Nos. 2 to 13 (In Civil Appeal No.103 of 1982). Miah Abdul Gafur, Advocate-on-R...... 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. ..Category: Property Law | Date: | Hits: 122
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....e prayer was rejected on the ground that they failed to file their written objection Within 30 days from service of notice on 17.7.88. The Arbitration Miscellaneous Case No. 63 of 1988 was decided ex parte in favour of the respondent on 29.9.88 and the award was made a Rule of the Court. Another......rayer was rejected on the ground that they failed to file their written objection Within 30 days from service of notice on 17.7.88. The Arbitration Miscellaneous Case No. 63 of 1988 was decided ex parte in favour of the respondent on 29.9.88 and the award was made a Rule of the Court. Another ex...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
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