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Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
.... from school to school, namely, Hanafi, Shafei, Maliki and Hanbali. This shows that there was no consensus among the Jurists of these schools on the question of guardianship of minor children leaving scope for difference of opinion, there being no definite rule in the Quran of Sunnah on the matter......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 ..Category: Family Law | Date: | Hits: 152
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
....hereupon resistance was offered. The relationship between the parties, father-in-law on the one side and son-in-law on the other, was admittedly strained and bitter, and as such, there was hardly any scope of the son-in-law visiting the house of his father in-law except on some sort of compromise or...... conviction is set aside and they are acquitted and it is directed that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 75. ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....le to the facts in the present case and that the Subordinate Judge had rightly stayed the proceedings of Title Suit No. 193 of 1981. Provisions of section 10 of the Code of Civil Procedure leave no scope for exercising discretion. The learned Judges in ordering that the Miscellaneous Case and the ......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. ..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......he second question in the negative and find that the cognizance taken by the Special Judge is perfectly lawful. In the result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 69
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....en I do not see why in the matter of form as well the joint application will not be entertainable and maintainable". 7. The learned Company Judge then repelled the contention of the appellant that scope of the two different remedies are distinct inasmuch as two kinds of appeal have been provi...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ...... the appeal is allowed. The impugned order of the High Court Division is set aside and the Sessions Trial Case No. 407 of 1982 will now proceed in accordance with law. Respondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions..Category: Criminal Law | Date: | Hits: 105
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....Bench of the Lahore High Court in case of Firm Malik Das Raj Faquir Chand Vs. Firm Piara Lal Ayaram reported in A.I.R. 1946 (Lah.) 65. The question involved in this appeal, therefore, is the scope and extent of the applicability of section 145 of the Evidence Act and whether this section i......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. ..Category: Property Law | Date: | Hits: 37
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
.... that an agreement for reconveyance is to be presumed to be personal, i.e., to be restricted to the transferee In view of the above authorities, with which we are in complete agreement, there is no scope left for such a contention. A right to reconveyance cannot but be assignable, unless the ter......nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....tan Ordinance ceased to have effect could be vested under that Ordinance and those that did not assume such character prior to such cessation could not be vested. We do not think that there is any scope for making the distinction sought to be introduced. If any property was covered by the defin......view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
.... contended that the concept of Habeas Corpus in India based upon the concept of Habeas Corpus in England, where it is regulated by Acts of Parliament, cannot be imported in the consideration of the scope of power under Article 102 (2)(b)(i) of the Constitution. He also referred to the American La......nbsp; Muhammad Abdullah Jabir J.—This appeal by special leave is by the Government. It arises out of an order of a Vacation Bench of the High Court Division directing the enlargement on bail of one A.K.M. Golam Kabir (hereinafter referred to us "the detenu"), pending the hea..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....sufficient to sustain the charge against the appellant. Before we advert to the nature of the circumstantial evidences and the conduct of the appellant, we consider it necessary to examine the scope of section 30 of the Evidence Act under which confession of one of the accused may be taken ......nd there, of course, the Magistrate would discharge". Accordingly this appeal is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....ent or incompatible with the provision of Article 14 of the Collaborators Order and that this Article is intended to be confined only to the case of persons already convicted or facing trial." The scope and extent of the restriction imposed under Article 14 were also considered in para. 19 of the...... Judgment Muhammad Abdullah Jabir J.—These eighteen appeals, filed by the Government, arise by special leave to consider the legality of the orders passed by the High Court Division granting bail to the respondents who filed appeals thereto on being convicted of offences punishable under th..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....nion Parishad, the Returning Officer acted in accordance with the provisions of Rule 20A and as such he committed no illegality. Leave was granted with a view to examining the true meaning and scope of Rule 20A of the Rules which provides:— "If a contesting candidate dies at any tim......Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ..Category: Election Law | Date: | Hits: 133
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... words 'the proceedings of a Court of Justice" which occur in the 4th Exception. This would require the determination whether a written complaint filed in a court of law comes within the scope of such words or such words include only statements made verbally in open court. 23. E......eat her and also threatened her in the bungalow. She stated that she did not wish to go to the complainant and wished to stay with her sworn father. The learned S.D.O. enlarged her on bail of Rs. 1000/-. She was bailed out by one Faizal Haque reported to be cousin-in-law of the acc..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....rred” 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 dealt with". Whatever other transactions....... 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. ..Category: Property Law | Date: | Hits: 47
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....ation in accordance with law. A co-sharer tenant or a tenant holding land contiguous to the and transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the view that requirement of sub-section (2) is not mandatory but is merel......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....he appellant also mentioned that no principle or guideline was provided in section 9(2) of the Act for the exercise of discretion by the Government. The absence of any principle or guideline left scope for discrimination between government servants who completed 25 years of service. The resultin......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....lia the Chief Martial Law Administrator to transfer a “case” from Criminal Court etc. By using the expression ‘case’, in unqualified term the Chief Martial Law Administrator has got very wide scope of transfer. It is no requirement of the Regulation that a case must be pending after taking c......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
....stablished under a law relating to the defence service and the other is a tribunal to which article 117 applies. From this definition it would thus appear that it includes the respondent within its scope. Being an Inspector of Police, the respondent is and must be held to be a member of the discip...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ication in accordance with law. A co-sharer tenant or tenants holding land contiguous to the land transferred may waive his right to purchase the land, but on this consideration there is hardly any scope for taking the view that the requirement of sub-section (2) is not mandatory but is merely di......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
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