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....lished especially in a country which has a democratic tradition and its evolution over the decades. For instance this proposition is fully valid in Britain. Modem tendencies even in England has led judicial opinion to modify such dictum in its absolute form. Lord Denning observed:—
"It is n......es and they are exercised subject to the rule of ultra vires. It is true both the members of the parliament and the members of the Local Councils are elected by the same voter; but their respective functions differ widely.
9. The Local Councils are classified on reasonable basis which is appa..
Category: Election Law | Date: | Hits: 212
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....riginal 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 and the appeal is allowed……………………(9) ......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
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....st from the date of decree till realisation, Dr. Hossain mentioned that the Court did not grant interest at the rate claimed by the plaintiff but at the lower rate of 12% per annum. According to him, judicial discretion has been properly exercised. Referring to the rate of interest on agricu1tural l...... 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
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....n was justified in refusing the plaintiff appellant's prayer for amendment of the plaint placed reliance on Keramat Ali Vs. Muhammad Yunus, 15 DLR SC 20 and observed: "It is the consistent view of judicial authorities that amendments of the pleadings are allowed, even when a legal right had accru......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. ..Category: Property Law | Date: | Hits: 99
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....heir dispute so as to avoid any future danger of a breach of the peace. The provisions, of section 145 deal with an inquiry primarily into possession over property in dispute and they are of judicial nature. There is nothing in them which should cause any apprehension which would vitiate ...... 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
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. ......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. ..Category: Property Law | Date: | Hits: 34
Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....CWN 882 at P. 885, Mohinder Singn Jaggi vs. Data Ram Jagannath, AIR 1972 SC 1948, Mackinnon Mackenzie and Company Pvt. Ltd. vs. Anil Kumar Sen, AIR 1975 Cal 150. He further submitted that there is judicial support favoring the view that the counterclaim may be treated as a plaint in cross-s......;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. ..Category: Civil Law | Date: | Hits: 95
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not proved to the satisfaction of judicial conscience of the Court even if statutory requirements as to proof of execution of th......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. ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....sions of Article 14 of the Bangladesh Abandoned Property (Management, Control and Disposal) Order, 1972, P.O. No. 16 of 1972. The trial court as well as the High Court Division ought to have taken judicial notice of such provisions in spite of the Government's failure to invoke them. Article 14 ......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
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....en are not only duty bound to obey the law and the orders of the court but it is their constitutional obligation to do so, inasmuch as, the constitution enjoins upon all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court." 12. As to why such officers as......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. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....s and Wards Act, 1890 from the members of the family. Here, the principle for selection and appointment of particular person as a receiver has clearly been stated. The exercise of discretion being judicial must be exercised according to the circumstances of the case. 17. In Suprasanna R......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. ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
....the question of bonafide requirement in this case has not been determined on correct construction of section 18 of the Premises Rent Control Ordinance and in accordance with the authoritative judicial decisions as laid down in the case of Jagadish Chandra Surker vs. Abdul Aziz, 7 DLR 314 and...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ..Category: Tenancy Law | Date: | Hits: 111
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... Vs. Dr. Chittaranjan Deb Nath & others.......................Respondent Judgment December 7, 1983. 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 c...... 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. ..Category: Criminal Law | Date: | Hits: 58
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....mplainant when he filed a petition stating that he would not proceed with it. It was not, therefore, disposed of on merit; no witness was examined, no enquiry held, nor did the Magistrate apply his judicial mind to it yet. As such it cannot be treated as a second complaint. The complaint filed on ......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. ..Category: Criminal Law | Date: | Hits: 79
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....and Sons Vs. Firm Hansroj Nathuram, A.I.R. 1971 (S.C) 974 the Supreme Court of India considered that section 48(1) of the Code indicated that the period is a period of limitation not a bar as was a judicial opinion at one time. The opinion that has now crystalised is that section 48 is controlled......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. ..Category: Civil Law | Date: | Hits: 107
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....ng as to 'intention' before recording a conviction under & first part of section 304. The judgment in such case not only becomes open to criticism but also demonstrates a lack of application of judicial mind and care. 14. It has therefore fallen on us to consider whether the convictio......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..Category: Criminal Law | Date: | Hits: 51
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....Ext. A which was filed by the respondents to show a transaction of partnership between Ansar Ali and Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....nd order proposed to be delivered by my learned brother Latifur Rahman, J. I give my reasons as hereinunder. 35. There can be no two opinions on the legal proposition, long established by sound judicial precedents, that when there is no direct evidence, the solitary circumstance that the decea...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
....ave was granted to consider whether in view of short sentence of one year only, the appellants ought to have been granted bail by the learned Single Judge of the High Court Division in exercise of judicial discretion. 5. It appears that the sentences of the eight appellants are only for t...... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ..Category: Criminal Law | Date: | Hits: 37
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