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Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ms and formalities, sometimes with a special expertise, and sometimes armed with provisions of rough and ready justice, have been steadily growing in the limbo of legal system as an alternate dispute resolution mechanism. Criticism against the growing tribunalisation in England, among other reasons,......lia and others [1957] 2 All ER 45. By the Commonwealth Conciliation and Arbitration Act, 1904‑1952 the Commonwealth Court of Conciliation and Arbitration was set up for the settlement of industrial disputes as a superior court of record and vested in it original jurisdiction functions of an admini..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......a perusal of the judgment of the High Court Division we find that the central issue which agitated the mind of the Court was as follows: "The only point that centres round in the dispute is whether summons in Title Suit No. 305 of 1983 was duty served upon the defendant No. 2 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......alisation of arrear rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of releas..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......ish Indemnity Bond and took delivery of cement to the extent of 4000 metric tons only. Later on M/s MA Baker did not turn up to take delivery of the balance cement in spite of repeated calls. 4. A dispute was raised by the Bangladesh Shipping Corporation claiming the balance charter fees which re..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ......dated 19.3.84 giving rise to Non GR Case No. 77 of 1984. In the said report it was stated that upon investigation it transpired that the wife of aforesaid Ali Akbar, Amena Khatun had purchased the disputed land by kabala and been possessing the same through bargadars. Second party‑responde..Category: Criminal Law | Date: | Hits: 53
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ...... that the appeal ought to have been disposed of on merit on the basis of the evidence already on record. 9. Sk. Afzalur Rahman, learned Advocate for the plaintiff‑respondents, does not dispute that the evidence of the substituted plaintiff, Mahmuda Khatun, was already recorded. Nor d..Category: Procedural Law | Date: | Hits: 122
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....m stay or an injunction necessary for the purpose of adjudicating and determining any industrial dispute? The answer plainly is no, because preserving the subject matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This......he operation of an order, impugned before it. At the time of the hearing the appellant is allowed to urge further whether in the respondent's application under section 34, not raised as an industrial dispute under section 43 of the IRO the Labour Court could exercise its jurisdiction under section 3..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......s time‑barred comes within the deeming provision of sub‑section (2) of section 2 of the Code of Civil Procedure, because by such an order the rights of parties with regard to matters in dispute are finally determined. 14. In this case the High Court Division by its order dated ..Category: Property Law | Date: | Hits: 64
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......he case of Damadilal and others Vs. Parashram and others, AIR 1976 (SC) 2229 Considered the question as to heritability of a monthly tenancy and held: "Tenancy has its origin in contract. There is no dispute that a contractual tenant has an estate or property in the subject‑matter of the tenancy a..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ...... the present case the beneficiaries do not include the heirs of the daughters of the wakif. Mr. Pal's contention does not stand. 20. We now turn to the merits of the appeal. It is not disputed that the wakf of late Kemaluddin Sardar is a mixed wakf, partly dedicated to the charitabl..Category: Others | Date: | Hits: 142
BD Jatiya Matshajibi Samabaya Samity Ltd. Vs. Chairman, Labour Court, Ctg & anr.,1976, 5 CLC (AD)
....med the order of the Labour Court is set aside. The order of the Labour Court is also set aside and the petition of Respondent No. 2 is dismissed. There will be no order as to costs. Ed. ......eunder go to show that it is a special Act meant for Co-operative Societies only. He drew our attention to section 86 of the Co- operative Societies Act under Chapter IX dealing with settlement of disputes, section 86 runs thus:— "86. Any dispute touching the business or ..Category: Labour and Industrial Law | Date: | Hits: 144
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
....e find no reason for reversal of the decisions of courts below and hence dismiss the appeal. The appellant must now surrender to his bail and serve out the remainder of the sentence. Ed. ......eror AIR 1942 Oudh. 214. Reg. Vs. Tukay Bin Tamana, I.L.R. 1 Bombay 214. 7. A detailed discussion of the authorities is not called for, because none of them directly touch upon the point in dispute before us. "A reading of the decisions, however, shows that the question whether an a..Category: Criminal Law | Date: | Hits: 74
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......, Madras, 389 it has been held that the order passed Sunder section 34(e) of the Guardian and Wards Act is not an order under section 2(14) of the Code in that it is not a final adjudication of any dispute and so not executable in terms of section 36 of the Code. In the case of Mohammad Baqar Vs..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......n that the defendant brought a suit being Title Suit No. 53 of 1953 in the First Court of Subordinate Judge, Dacca against Pyari Lal Pal alleging that Pyari Lal Pal contracted to sell the property in dispute to the defendant for a consideration of Tk. 7000/- on the basis of a deed of agreement and t..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ...... leave from the judgment and decree of a Division Bench of the High Court of East Pakistan, Dacca, in a second appeal. The appeal arises out of a suit for a declaration that the land in dispute formed part of a Wakf estate of which the appellant, Mozaffar Ahmed is the Mutwalli and for..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......on Suit No. 90 of 1965 in the Court of Subordinate Judge, Dinajpur on 13. 8. 65 for partition of the properties described in the schedule to the plaint. It has been alleged in the plaint that the disputed properties originally belonged to one Kasturi Chand Bermecha, the predecessor of the plaint..Category: Property Law | Date: | Hits: 93
.... call such additional evidence on the question as it may deem fit.
In the circumstances of the case, we make no order as to costs.
Ed.
This Case is also Reported in: 28 DLR (AD) (1976) 61. ...... the plaintiff succeeded in obtaining a decree for their eviction in Title Suit No. 5 of 1947. Out of spite for eviction, the defendants dispossessed the plaintiff by dismantling collie huts on the disputed lands in May 1955. Hence the suit.
2. The appellant, who is defendant No. 1 alone conte..
Category: Property Law | Date: | Hits: 82
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ......ch 255 ballot papers were removed and utilised for declaring the appellant elected. 3. It is to be noticed that no candidate who contested for the office of Vice-Chairman or of any of the members disputed the result of the election to any of the said offices, and none of the successful candidate..Category: Election Law | Date: | Hits: 122
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ......U.S.A. The Companies ply their ships in different countries of the world including the then Pakistan. They introduced and used for the first time new ships in each of the assessment years. The dispute centres round the allowance of initial depreciation to the new ships unde..Category: Fiscal/Taxation Law | Date: | Hits: 134
Government of Bangladesh & ors Vs. M/s. Samir & Co, 1976, 5 CLC (AD)
....ct, and therefore no question of irregular exercise of jurisdiction does arise in this case. The result therefore is that this appeal is dismissed but there shall be no order as to costs. Ed. ......rm, on the one hand, and the Superintending Engineer, Regional Civil, Pak P.W.D. on behalf of the President of Pakistan on the other. According to Clause 25 of the said Agreement, all questions and disputes concerning the work under the said agreement were to be referred to the Superintending Engi..Category: Alternative Dispute Resolution | Date: | Hits: 258
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