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Shaikh Shahidul Islam Vs. State, 1992, 21 CLC (AD)
....will continue to remain on the same bail already granted by this Court until commencement of the trial, if any. The trial Court will pass necessary orders as deemed fit at that time. Ed. ......ut of the judgment and order dated 21 August 1991 passed by a Division Bench of the High Court Division in Criminal Misc. Case Nos. 506 of 1991 and 507 of 1991 respectively rejecting the prayer for bail of the accused‑appellant under section 498 of the Code of Criminal Procedure. 2. ..Category: Constitutional Law | Date: | Hits: 150
....mined on the performance of the agreement itself and that whether in future the seller (Government of Bangladesh), would lawfully transfer the interest or right in the land is a matter not within the scope of this proceeding, Hence, at this stage, I think that I am not to go into the ultimate questi......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ......terrent Punishment) Ordinance, 1983 for abduction of minor girl on 17th March, 1991 from her father's house. 2. The learned Additional Sessions Judge, Satkhira rejected the prayer for bail on the ground that there were specific allegations against him. In revision the High Court Div..Category: Criminal Law | Date: | Hits: 79
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....Malayalam Plantations Ltd. [1964] 53 ITR (SC) 140 (150) to which the Tribunal also alluded in its judgment: "The expression "for the purpose of the business" is wider in scope than the expression "for the purpose or earning profits". Its range is wide: it may...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....interpret the words of the Constitution on the same principles of interpretation as we apply to any ordinary law, these very principles of interpretation compel us to take into account the nature and scope of the Act that wean interpreting‑to remember that is a Constitution. a mechanism under whic...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
.... and Dokari Joddar Vs. Nilmani, AIR 191 (Cal) 983, that the case be remanded for reconsideration on the point of limitation upon appraisal of necessary facts. 16. We do not think that there is any scope for remand as prayed for in view of the clear finding made by the trial Court that nothing had......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....the Manifest (IGM) submitted by the shipping agent also contained the name of M/s MA. Baker as the importer but nowhere the name of the respondent was shown as importer and as such there was no legal scope for accepting the respondent to be the lawful importer. 10. It was stated that the Customs ......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. ..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
....ult, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ......f justice. In the result, therefore, the appeal is allowed and the order of conviction and sentence passed against the appellants is set aside. They may now be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 60
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
....ood or bad, the finding as recorded by the learned Magistrate which was in accordance with law ought not to have been interfered with under section 561A, for, it has already been indicated that the scope of interference under the said section is very limited. In the present case, however, for the...... 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 ..Category: Criminal Law | Date: | Hits: 53
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....ry 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. Turner (1860) 2 De GF &......nment of Bangladesh Vs. Ahmed Nazir, 27 DLR (AD) 41 it was held that the High Court has got power wider than the one under section 491 of the Code of Criminal Procedure and can grant an ad interim bail in a pending writ proceeding. In Kh. Ehteshamuddin Ahmed, Vs. Bangladesh, 33 DLR (AD) 154 the ..Category: Constitutional Law | Date: | Hits: 365
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......dgment: Latifur Rahman J.- This appeal by six accused‑appellants is directed against the order of refusal of their bail by the Division Bench of the High Court Division, Dhaka in Criminal Miscellaneous Case No. 398..Category: Criminal Law | Date: | Hits: 60
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....enancy on the death of the original tenant, as found in that decision, is a trespasser either. In such a circumstance, the only basis of his possession is the right of inheritance, however limited in scope that right may be. 17. In the instant case, the learned Single Judge of the High Court Div......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. ..Category: Tenancy Law | Date: | Hits: 97
FM Rashiduzzaman Vs. Bahauddin Ahmed and another, 1976, 5 CLC (AD)
....ul Huq, the learned Advocate-on-Record contended that no sanction under section 197, Cr. P. C. was necessary to prosecute the respondent who, in the discharge of his official duty, acted beyond the scope thereof. It was, therefore, urged that the learned Judges of the High Court seriously erred i......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. ..Category: Criminal Law | Date: | Hits: 66
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....(AIR 1962) SC. 240), Lakhan Mahto Vs. State of Bihar (AIR 1966, SC. 1742). 6. It is clear that the main question for decision in the appeal is purely one of law relating to true meaning and scope of section 423 (1)(b)(2) of Criminal Procedure Code, namely, whether the High Court on appeal......in the circumstances as found by it and in doing so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
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. ...... theft. The contention of Mr. Behatar Ali fails. In the result we 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. ..Category: Criminal Law | Date: | Hits: 74
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....ery case the method of accounting and to see (i) whether or not it is regularly employed and (ii) to determine whether the income, profits and gains can properly be deduced therefrom. 18. The scope and import of section 13 came up for further examination before the Supreme Court of India in ......that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141...Category: Fiscal/Taxation Law | Date: | Hits: 164
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....nd take away the said paddy. They could not, therefore, be said to have committed the offence under section 379 of the Penal Code'. Nevertheless, the learned counsel has candidly conceded that the scope of review is very limited. In. the matter of review of a decision of this Division the only p......e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 66
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. ......al Case was instituted under section 364/380/ 120-B of the Bangladesh Penal Cede and under P. O. No. 50 of 1972 and Abu Mar, an employee of the Company was arrested and was subsequently enlarged on bail. While the respondent No. 2 was continuing in possession a notification was issued on 11.10.1..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....lso the High Court have taken the view that it having been admitted in the petition of compromise dated 5-11-66 that possession of the land had already been made over to the appellant, there was no scope of further delivery of possession. The executing court also pointed out that the questio......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. ..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....ht so to remove" is a kind of limitation on the Court's power as embodied in clause (b) of sub-rules (1). This sub-rule gave rise, in the past, to a judicial controversy, as to its true meaning and scope. The majority of the High Courts' in the Indian subcontinent have taken the view that the wo......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. ..Category: Property Law | Date: | Hits: 93
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