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Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......nal statements being the main part of the evidence in the present case we will consider the individual confessional statement independently to see whether the conviction of the appellants can be lawfully sustained on the basis of their individual confession in the present case. 7. Mr. Md.......ocedure. These accused appellants made confessional statements before PW 9 Shushil Kumar Roy, Upazila Magistrate, Bamna implicating themselves and others. Accused Hazrat Ali implicated co‑villager Abul Kalam and Zahura Khatun's sister's husband Manju and another sister's husband Abdur Rahm..Category: Criminal Law | Date: | Hits: 69
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......pect of any order of such a court under section 115 of the Civil Procedure Code. Another Division Bench, in different contexts, in Bangladesh Fishermen's Co‑operative Ltd. 27 DLR 367 and in Management Board, AR Howlader Jute Mills Ltd. 28 DLR 369, held the view that Labour Court is not a civi..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......ts shall be considered directory only or obligatory with an implied nullification for disobedience. It is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed.” Liverpool Borough Bank vs......end that the writ proceeding cannot be utilized as a forum of appeal. In this case did the detenu file any appeal? Pushed to the wall he is fighting back and trying to take the protection or advantage of law that he is entitled to. The respondents could have taken up the gauntlet and thrown the ..Category: Constitutional Law | Date: | Hits: 365
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. ......ed in the Transfer of Property Act, 1882 or the Contract Act, 1872". The provision is that no order or decree for recovery of possession of a premises shall be made as long as the tenant pays rent in full and regularly and performs all Other conditions of the tenancy. In the previous decision the de...... 4. In the earlier case, Kh. Mahbubuddin Ahmed, learned Counsel had appeared for the appellant‑landlord, and submitted that a monthly tenancy was heritable. To assist the Court Mr. SR Pal was engaged as amicus curiae in that case. After hearing both Mr. Mahbubuddin Ahmed and Mr. SR Pal in that ..Category: Tenancy Law | Date: | Hits: 97
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ible for the loss of the promising life cannot be prosecuted as the said officer Bahauddin acted in the discharge of his official duty. In the result the appeal is dismissed. Ed. ......done was beyond the scope of the official duty of respondent Bahauddin Ahmed. 9. Mr. Aminul Huq contended that under Rule 157 of Police Regulations, Bengal, 1943 there ought to have been a full executive Enquiry to ascertain whether the firing was justified and whether the regulations we......nt falling in the category mentioned in section 197, Cr. P. C. is entitled to protection under the section before any evidence whatsoever is let in, suggesting that the said public servant was engaged in the discharge of an official duty; and (2) Whether any and every act done or c..Category: Criminal Law | Date: | Hits: 66
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ...... whether the appellants who were not parties to the suit could be convicted for contempt of court for disobedience of the order of injunction; and (iii) whether the order of injunction was passed fully without jurisdiction on the ground of non-maintainability of the suit for non-compliance of th......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ......he Managing Agent having its principal office in India was assessable in Pakistan as the management of the business of the managed company involved business operations if Pakistan were in full and complete control of the assessee company. 14. In our opinion, it was correctl......Calcutta in India. By virtue of an agreement made on 19-3-47 the appellant became the Managing Agent of another Indian Company, namely, Kanknarrah Co. Ltd., hereinafter referred to' as- the managed company which operated several mills in India and also owned some godowns, situated in Pakist..Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......azar Area, Dacca. The first named three shareholders were the Directors. Mrs. Batul Bai is wife of Mr. Sajjad Hossain and Sabbir Hossain is the son of Sajjad Hossain. Sajjad Hossain and Saifuddin are full brothers. Respondent No. 2 Abbas Ali is the, nephew of Sajjad Hossain and Saifuddin. The Comp...... the Constitution of the People's Republic of Bangladesh. Leave was granted for interpretation of Articles 4 and 8 of President's Order No. 16 of 1972 (The Bangladesh Abandoned Property Control, Management and Disposal) Order, 1972, hereinafter referred to as the Order) on the following facts stat..Category: Business or Commercial Law | Date: | Hits: 129
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. ......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. ......special or local law, the ordinary rules of procedure would apply. This decision refers to the application of section 141 of the Code and so relates to the proceeding of the pre-decree stage but in the instant case we are concerned with post-decree stage. In Kilchand Devachand Vs. Ajod..Category: Property Law | Date: | Hits: 77
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. ...... Nos. 6 and 7 were claiming interest in the disputed properties on the basis of a deed of exchange purported to have been executed by defendant Nos. 2 and 5, that the said two, defendants were wrongfully realising rent from the tenants and that they were trying to take other properties in suit i......in the applicant defendant under the emergency laws in force, that in the absence of the Indian nationals several interested parties who were pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of ..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. ......plot was recorded in raiyati right of Abdus Subhan. Plaintiff took long lease of the land from the heirs of Subhan. This land is to the contiguous east of other lands of the plaintiff. They were wrongfully taken possession of by the defendants but the plaintiff succeeded in obtaining a decree fo......r is not available from the s. 103B of Bengal Tenancy Act, but a presumption of continuity may be drawn under section 114 (d) of the Evidence Act. This forward presumption becomes weaker with the passage of time, and its probative value diminishes progressively with the lapse of time.
13. Record..
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. ......efore the Election Tribunal (3rd Court of Munsif) at Narail, challenging the validity of the polling in Ward No. 1 only on the allegations that there were no enclosures at the polling booth which was full of unauthorised persons, that there were occasional disturbances by the goonda elements who s......t of Ward No. 1 had been vitiated on account of the failure of the election officials to count the votes at the spot and to fill up 'L' and 'M' forms in presence of the contesting candidates or their agents, the Election Tribunal set aside the election, riot only of the Chairman, but also of the V..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......It should be noticed that the judgment-debtor has not been divested of the own of the said money. His present right to been suspended or curtailed because of the agreement. It may however revive in full part after the fulfillment of the terms of the contract. It is not a mere conting......e Allahabad High Court while dealing with the question of attachment of security deposited in court, observed in the majority, giving a very clear exposition of S. 60 of the Code. The relevant passage may be quoted: "When either immoveable or moveable property is offered as sec..Category: Civil Law | Date: | Hits: 103
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ......t the coal contained 60 % earth and dust. Thereafter Mr. A. Malek Lodged a First Information Report to the Officer-in-Charge, Double Mooring P.S. on 15-7-68 stating that instead of taking coal in full quantity mentioned in R. Rs. and the permits, the Fuel Inspector intentionally took delivery of......agistrate, Chittagong (North). 2. The prosecution case is that the appellants 1 and 2 of appeal No. 28 are partners of a Firm known as Abdul Quader Chowdhury and Sons and appellant No. 3 is the Manager of the firm which is a stockist or handling agent of the Coal Controller at Patenga. Appellant ..Category: Anti-Corruption Laws | Date: | Hits: 225
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. ......l be considered directory only, or obligatory, with an implied nullification for disobedience; it is the duty of Courts of Justice to try to get at the real intention of the Legislature by carefully attending to the whole scope of the statute to be construed'. To the same effect, are the ......f the commencement of the proceeding in question and not to those which happened subsequently. In support of his contention the learned Additional Attorney-General has referred to tin following passage from the book, Jurisdiction and Legal-by Mr. Amnon Rubinstein (1965), at page 215:- "The ..Category: Alternative Dispute Resolution | Date: | Hits: 258
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......e of the original jurisdiction. The Privy Council held that such judgment was advisory and no appeal lay, as it was not a final judgment within the relevant provisions of Letters Patent. We are in full agreement with the view expressed by the Privy Council that a judgment given by the High Court......tution is same as the interpretation of a statute. It is well established rule of interpretation of statute, that curtailment or abolition of jurisdiction of a Court must be by clear language, and when it affects the jurisdiction of the higher Courts the curtailment or its aboliti..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......le, or sale without previous attachment of any property, or attachment of the decree, or arrest and detention of the certificate debtor as the case may require. The Certificate Officer, as the language of the Act stands, can follow all or any of the modes prescribed above, having regard to the spe..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295....... East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwalli and on his death his full brother's son Md. Amir Ali was to be appointed the next Mutwalli, and after him the eldest amon......until the question of legitimacy was finally decided by a competent Civil Court at the instance of the respondent. 33. According to section 51 of the Ordinance, if there is any change in the management of an enrolled wakf which may be occasioned by the death or retirement or removal of Mutwa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ...... against which leave to appeal is sought has been delivered in compliance with an order of remand made by this Court on the 8th January, 1965. It is urged that the implementation is neither nor full. The case is a complicated one, and we accordingly grant leave to appeal to examine whether......Nos. 1 to 14 filed under rules 7 and 9 of Order XXXIV of the Code of Civil Procedure, a suit being O/S No. 49 of 1945 in the Second Court of Subordinate Judge, Chittagong for redemption of a kot-mortgage. Their case was that Mohammad Ashraf Chowdhury, their predecessor-in-interest had executed on ..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......ity of the execution proceeding is not affected but the decree under execution becomes liable to be adjusted to the manner as laid down in the said rule 18 of Order 21 of ther Code. In the event of full or partial execution of the decree, therefore, the subsequent passing of a decree in the late...... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
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