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State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......o miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......al Hossain but the payment of Taka 9,20,000.0 was received by him conclusively proved the offence of cheating and that the learned Judge was wrong in assuming that the transaction was only of a civil nature and that mere breach of a contract cannot give rise to a criminal prosecution. 15. It has..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......peal is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed......however, held that upon receipt of Taka 99.00 from defendant Nos. 1-3 Begumjan relinquished her right of re-purchase and hence her right of redemption was extinguished. There occurred a change in the nature of possession of mortgagee-defendant Nos. 1-3. They became absolute owners. Hence the suit ha..Category: Property Law | Date: | Hits: 63
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ......llip;……………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with...... to implement the same. He argued that the Annexures are interdepartmental communication and no right has accrued thereby to the respondent and, as such, there could not have been any order in the nature of mandamus requiring the Government to put into effect the purposes of the said Annexures. ..Category: Constitutional Law | Date: | Hits: 174
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......e is also Reported in: 48 DLR (AD) (1996) 62. ......ut a person does not come within the category of “worker” who is employed mainly in a managerial or administrative capacity; or who, being employed in a supervisory capacity, exercises, either by nature of the duties attached to the office or by reason of power vested in him, functions mainly of..Category: Labour and Industrial Law | Date: | Hits: 152
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ...... ...... the suit had arisen on 25-7-77, the date when the defendant refused to release the disputed property from the list of abandoned property. Thus the decision of the civil Courts with regard to the nature of the property and also the plaintiffs claim thereto is not only binding upon the present p..Category: Property Law | Date: | Hits: 58
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......ns of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......n came up for consideration in the two judgments which dealt with this submission. 12. In our view in this particular case it is premature to invoke Article 58(2) (now repealed) at this stage. The nature of the document that the Summary is. the extent of immunity of the document when the State it..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......also reported in: 48 DLR (AD) (1996) 33. ......nch of the High Court Division in Writ Petition Nos. 2141, 2142, 2143, 2195 and 2196 of 1993 making the Rules absolute therein and declaring that the notification dated 20.10.1993 issued under the signature of the appellant No.1 expelling the respondents from the Chittagong Medical College for ever ..Category: Constitutional Law | Date: | Hits: 169
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......l Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......ated clause 13 of the agreement and other terms and conditions, it contended. 5. But the main ground taken by BTTB was that the writ petition was not maintainable as the contract was commercial in nature and its allegedly illegal cancellation can be agitated by arbitration of in a suit for damage..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………&helli......Prasad vs. Munsi (1884) Allahabad (Vol. 6) 423 observed that the doctrine has its origin in the general principle of justice, equity and good conscience and the reason of the rule is that the very nature of the pre-emptive right means that the pre-emptor can substitute himself in the place of th..Category: Property Law | Date: | Hits: 84
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ...... appellate Court are affirmed. Ed. ...... particular family acquiring some property jointly. In the case of Muhammad Wali Khan vs. Muhammad Mohiuddin Khan and others 24 CWN 321 the Judicial Committee, while considering a question of this nature, observed as follows: "The four villages in question were purchased by Ali..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......rt of the res gastae, and must be proved by the prosecution, yet the prosecution is under no duty to exclude defence which are open to the accused person or to furnish proof of facts of a special nature having relevance only to a particular defence which the accused either sets up or may set..Category: Criminal Law | Date: | Hits: 68
Safar Ali and others Vs. State, 1972, 1 CLC (HCD)
....isonment for one month. If there is default in the payment of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ......nt of fine under both the counts (sections 147 and 324 PPC) the sentences of two months and one month shall run consecutively. Ed. ...... view that separate sentences under sections 147 and 324 of the Pakistan Penal Code passed on petitioner No. 1 Safar Ali are not illegal. 8. Lastly, it has been argued that in i view of the nature and circumstances of the case that total sentences passed on the petitioner No. 1 Safar Ali ..Category: Criminal Law | Date: | Hits: 69
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ...... 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......a member of Hindu undivided family who until then assessed as "undivided" family belonging to Dayabhaga School could have been a member of a family which was not joint. In a case of that nature, only because such a member belonged to a Dayabhaga School, as such, it could not be presume..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......sp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. ......n the ground of non-examination of the witnesses, or that the parties made no admission at any stage of the trial. But it will be seen presently that notwithstanding the laches of the parties, the nature of the suit is such that it cannot properly be decided without oral evidence on the most imp..Category: Property Law | Date: | Hits: 59
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ......ide being unable to bear the severe pain in her stomach. PW 7 Assistant Sub-Inspector Altaf Hossain recorded the statement of accused Kasiruddin Sarkar in the General Diary Ext. 1, obtained his signature under the said statement and proceeded to the house of the accused. He held inquest on the d..Category: Criminal Law | Date: | Hits: 124
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......o be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......re offences than one are committed by the same person, he may be charged with, and tried at one trial for every such offence. Section 236 lays down that if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, ..Category: Anti-Corruption Laws | Date: | Hits: 83
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ...... Vs. EPWAPDA.............................Respondent Judgment August 26th, 1970. Cases Referred to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 ......o. 1 in Magnama was stipulated 3,56,400 sft. In item No. 2 it was 3,05,640 sft. and item No.3 it was 23,077 numbers. At Ujantia, the work required and allotted to the contractor was also similar in nature and at the same rate. In item, No. 1 the work was required for an area of 17,400 sft. in it..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ...... Mofazzal Molla and another..........Petitioner Vs. Parul Bala Debi and others. ...........Opposite Party Judgment June 25, 1970. Cases Referred to: Akina Bibi vs. Md. Ali.Shaha, AIR 1941 Cal. 336; Sheosagar Singh vs. Sitaram AIR 1952 Pat. 48; Md. I......wers executed in favour of the different lawyers which are on record. He has drawn my attention to the alleged amount of arrear rent and the quantity of land involved, and also to the different signatures including those of the alleged lawyers and the alleged parties in the petition for compromi..Category: Property Law | Date: | Hits: 69
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......s hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......y the husband as embodied in the Kabinnama, Ext. A. The learned Sessions Judge has ignored this aspect of the case on the view that whether there has been really a talk or not is a dispute of civil nature. The learned Sessions Judge further observed: "As Sharifunnessa was admit..Category: Criminal Law | Date: | Hits: 59
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ...... Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 Cal. 526; Tannoch......ule IV, as is worked out according to the monthly wages of the workman, is the amount which is payable to him. It is true that in ascertaining whether there has occurred any total disablement, the nature of injury and its concomitant result will also have to be considered. This, however, h..Category: Labour and Industrial Law | Date: | Hits: 118
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