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Mrs. Amena Hoque Vs. Rajab Ali & others, 1986, 15 CLC (AD)
....Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......Sessions Judge are hereby set aside. The proceeding of S.T. Case No. 232 of 1983 will commence from the stage where it was on 22.12.83. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 303 ......h this provision the learned Sessions Judge passed the order of acquittal which is not sanctioned by law. Therefore, this order must be set aside. The proceeding of the case will commence from this stage where it was on the date of passing of the impugned order…………………..(12) Aft..Category: Criminal Law | Date: | Hits: 38
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ......of recounting of the ballot-papers only, all other allegations brought by the appellant having fallen through. It was found by the Tribunal, and we find correctly, that the election was held peacefully in a very congenial atmosphere and that the counting of votes by the Presiding Officer was als...... 2 Totals: 16.0 8. It should be noted that the total number of ballot-papers used in this centre, both valid and invalid, was 1620 in all the three stages as shown above. The allegation of the appellant that he had got 498 votes and the respondent ha..Category: Election Law | Date: | Hits: 140
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....of the exercise of revisional power by the Sessions Judge under section 439 A. In the result, therefore, the appeals are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 246 ......iddle unless the Magistrate is satisfied the breach of peaces does not exist whereupon the Magistrate cancels his preliminary order. In other words, once a preliminary order is passed it must run its full course. A revisional court can stop such course only in exceptional cases. What are those circu......ive functionaries in the case of likelihood of breach of peace. It is the Magistrate alone who can exercise his power and jurisdiction and the learned Sessions Judge while interfering at this stage had traveled beyond his jurisdiction in exercise of his powers under section 439A. 7. The p..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......limabad hat under E.P. Ordinance No. XIV of 1959 as amended by Act XII of 1967. As the first order relating to be conflicting claims which led to further claims and counter-claims it may be quoted in full: "14.11.72. Both parties are present through their lawyers. The peritonea’s case is that O......peal No. 164 of 1983) Judgment August 22, 1984. Result: The Appeals are dismissed. Title Suit No. 197 of 1978 was instituted in representative capacity on behalf of a number of villages of Nagarpur police station, Tangail and Chowhali police station of Pabna District. The dispute ..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......tribunal of inferior jurisdiction, merely because in its opinion the decision is wrong, In that case, it would make the High Court's jurisdiction indistinguishable from that exercisable in a full-fledged appeal, which plainly is apt the intention of the Constitution-makers. When there is......ed and discharged. 28. Power to transfer election petitions.- The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, and ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....on of the plaintiff is that Amir Ali adopted this child Khorshed Alam when he was a boy 2 years old and gave him to Zohura for rearing him up. This was done only to comfort Zohura who was a barren woman. Evidence was led that Khorshed Alam actually is the son of prostitute namely Baramoni of Nat...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......t March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ng on me. Thus it is clear that although no notice under section 6 of the Act was served on the plaintiff the sale is not void or without jurisdiction in view of the decision made in 12 DLR at page 339 although it is an irregularity and illegality within the purview of section 33 of the Re..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....cumstances of a given case. 11. Rules of hizanat as formulated in Islamic Law find place in Hedaya. There, the following tradition of the Holy Prophet (upon whom be peace) is quoted: ''A woman once applied to the Prophet, saying O' Prophet of God! that is my son the fruit of my womb, ......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ......ime she took the boy with her. Appellant also went so Saudi Arabia and lived with responded Bt No.3 but came back in April 1981 leaving the boy with respondent No.3. In a suit for dissolution of marriage filed at the instance of respondent No.3, her marriage with the appellant was dissolved in June ..Category: Family Law | Date: | Hits: 152
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ther. The learned Counsel further submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanced and interest received and further for a declaration that......he Shilpa Bank powers to advance loan and provides the composition, powers and functions of the Bank. It also lays down elaborate procedure for recovering the loan advanced to various concerns engaged in industry or business, both in private and public sectors. The precise remedy for realising i..Category: Banking Law | Date: | Hits: 121
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......ever declared an enemy of the State. Finally, the plea that there was none to look after the petrol pump in question at the relevant time is also without any foundation since the petrol pump was in full operation till it was taken over by respondent No.1 and even as late as 11th January 1972 the a......d into the partnership a fresh agreement was executed by respondent No. 1 in favour of the firm on 2nd September 1968. During November 1971 the Managing Partner of tae appellant firm went on pilgrimage in Mecca after making proper arrangement; for managing and operating the petrol pump; a specia..Category: Business or Commercial Law | Date: | Hits: 118
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......he appeal, the appellants made search in the record room of the District Collectorate and found out the relevant duplicate carbon rent-receipts by which the respondent paid rents accordingly with the full knowledge of the mutation case. The appellants contended that the respondent withheld the origi......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......tantive evidence and not for contradiction purpose". The Supreme Court of India, in the case of Bharat Singh and others Vs. Mst. Bhagirathi reported in A.I.R. 1966 (S.C.) 405 expressed itself fully on the point in the following passage :— "Admissions are substa......ention of the witness to that statement does not arise. The view expressed above finds support from the view expressed by M. Monir (former Chief Justice, Supreme Court of Pakistan) at page 60 of his book "Principles and Digest of the Law of Evidence'' printed in 1969. Accord..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... Shorish Kashmiri (1969) 21 DLR, SC, 1; P.L.D.1969 (S.C.) 14; Ch. Muhammad Anwar Vs. Government of West Pakistan, P.L.D. 1963 (W.P.) Lahore 109 (F.B.); Special No. 1 of 1964, A.I.R. 1965 (S.C.) at page 745; In re: Prahlad Krishna Kurne, 52 Cr.L.J. 1951 page 305; C.P. Matthen Vs. District Magistra..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......h Court who, by his order dated 25.1.63, accepted the reference, set aside the order of release and directed that "the land if released from attachment, should be attached once again and full effect be given to the order of the learned Magistrate, Mr. Shamsuddin Ahmed dated the 1st Jan......dated 1.1.59 passed an order of attachment of the land under section 146 of the Code of Criminal Procedure. Thereafter the Tahsildar of Haturia submitted a report on 1.4.61 to the Sub-Divisional Manager, Madaripur to the effect that the land in question had been settled with and salami received f..Category: Criminal Law | Date: | Hits: 49
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......d not deflect a Court from its duty to interpret law in the light of manifest intention of the legislature. We may here aptly refer to the views of the Supreme Court of Pakistan, with which we respectfully agree, that was expressed in the case of Md. Ismail and others Vs. The State reported in 21 DL...... DLR (SC) 213, PLD 1262 (SC) 495; Lala Jairam Das and others Vs. Emperor, AIR 1945 (PC) 94; Superintendent and Remembrance of Legal Affairs, Government of Bangladesh Vs. Jobed Ali and others, 26 DLR page 1; Haji Md. Akil Vs. The State, 25 DLR page 126. Lawyers involved: Faqeer Shahabuddin Ahm..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......ka woke up in the later part of the night and had her 'Sheri'. The Doctor who held the post-mortem examination found about 1/4 Ib. of digested food material in the stomach and the bladder was found full of urine. If the occurrence took place at early dawn after Maleka having taken 'Sheri" c...... (3) Spinal cord incised at the level of the third cervical vertebra. (4) Fracture of the third cervical vertebra. Death, in the opinion of the doctor, was due to shock and hemorrhage from injuries which were ante-mortem and homicidal in nature and were caused by a heavy sharp ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......ther view, which has been supported in a number of decisions, is that the Transfer of Property Act, 1882 did not alter the law of pre-emption under the ‘Mohammedan Law. It has been forcefully canvassed therein that it was not the intention of the Legislature, in passing the Transfer o......t of a valid, complete and bonafide sale. It does not arise out of gift (hiba), sadaqah, wakf, inheritance, bequest or a lease even though in perpetuity. The right does not arise also out of a mortgage even though it may be by way of conditional sale. Under the Mohammedan Law a sale is an exchang..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....e Barakhurma made complaint in the court of S.D.O. Sadar alleging offence under section 344 (wrongful confinement), 498 (Enticing or taking away or detaining with criminal intent a married woman) and 384 (Extortion) of the Pakistan Penal Code in Case No. G.R. 1560/-65 against Dr. J......n by a Magistrate when considering a complaint under Ch. 16, to make a report is the imperative duty of the Police officer to submit, fearlessly and without any apprehension in his mind, the full facts which are disclosed to him and indeed all the information which is relevant to the enqu......lainant and the accused was bitter from before the publication of the news items. Both the Courts found that by Ext. 5 a news item in Jugabheri dated 30-6-65 an attempt was made to bring down the image of Dr. Jamshed Bakht by stating that he travelled in Inter Class compartments while he was ent..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......s rights to property. What the word 'transferred” means is not vague or unclear. It means such transfers as are contemplated by the Transfer of Property Act, such as, sales, gifts, mortgages, leases and exchanges but there is some scope for doubt as the meaning of the word 'otherwise ..Category: Property Law | Date: | Hits: 47
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ...... declare that the officer's past service counts Rule 72 is in the following terms: "When the suspension of a Government servant is based to have been unjustifiable or not fully justifiable or when a Government servant who has been dismissed, removed or suspended......e was actually rendering service. But this proposition is hedged in by two conditions, namely, that a Government servant cannot without permission of the Government serve any other Master or be engaged in any other business and, consequently, because, on general principles a person cannot b..Category: Employment/Service Law | Date: | Hits: 101
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