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Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)

....eal, this has been affirmed. Since election is a process of building up of the democratic structure of the society in accordance with opinion of the public, we have no hesitation in saying that the prayer (a) has rightly been granted by the Election Tribunal and the decision of the Election Trib......the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ejection of the respondent as void and seeking the declar......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..

Category: Election Law | Date: | Hits: 126

Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)

....tee, in whose favour rateable pre-emption is otherwise allowed, from making the deposit but to adjust the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was pray...... the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to ra......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..

Category: Property Law | Date: | Hits: 51

Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)

....al was fixed on 14.8,78. Before that date, however, the accused by a petition prayed for shifting of the date of trial. On 14 8.78 upon hearing both sides, the Additional Sessions Judge allowed the prayer of the accused and ordered further: "The case is withdrawn from trial list. To 2.10.78 for ap......sections 302 & 149. The Code of Criminal Procedure, 1898 (V of 1898), section 271. Trial does not commence with the commitment of the case. It commences only after the accused is brought before the Court to stand his trial. Till the trial commences within the meaning of section 271 of the...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ...... under. Thus both the grounds upon which leave was granted are found to be without any merit. The appeal is accordingly, dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 240 ..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)

.... section 115 postulates it must be an error of law. 84. The learned Single Judge has based his conclusion that the decree declaring the order dated 8.3.77 passed by the Joint Secretary in terms of prayer Clause (e) is illegal and 'erroneous on the fact of the record'. The learned Single Judge cam......ainst the defendants; and (l) to grant such other relief or reliefs to which the 'plaintiffs are found to be entitled under law and equity; That the decree be passed declaring that the order of forfeiture dated 30.10.72 / 4.11.72 passed by Mr. A F. Khan the then Joint Deputy Commissioner Tanga......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. ......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. ..

Category: Property Law | Date: | Hits: 202

Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)

.... which is the letters between the father and the son concerning family affairs. Khorshed Alam contested an election and evidence was led to show that his father Amir Ali asked Mussalli after Jumma prayer to support candidature of his son. Apart from the oral evidence that was adduced by the defe......tan Ali Hyder and another……………………….. Respondents Judgment 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 ...... 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. ...... 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. ..

Category: Family Law | Date: | Hits: 239

Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)

....e for interference with the final decree." In this view of the matter, the appeal was dismissed. 6. In second appeal, the High Court Division took the same view by observing: "This prayer cannot be granted at this stage unless the preliminary decree is set aside. In the prelimin...... 1967. 2. Respondents Nos. 1-8 instituted Title Suit No. P4 of 1959 in the Court of Munsif, 1st Court, Moulvibazar, against the Predecessor of tie appellants as defendant No. 49 and others praying for declaration of their title in the suit land and for khas possession of their share on partition.......et aside. In the preliminary decree the entire Suitland was decreed to be partitioned among the co-sharers. No appeal was referred against the preliminary decree. Hence there is no point in remanding the case for relayment of the kabala of the defendant after nearly 20 years." In t......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ..

Category: Property Law | Date: | Hits: 48

Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)

....et aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred under section 42 of the Specific Relief Act.……(23) Inordinate delay in filing prayer for amendment of the plaint on material issue requiring filing of such petition much earlier,......d no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation expired. The Plaintiff having no possession in the Suitland is barred ......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..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)

....Dag No. 327I and they are in possession on payment of Govt, rent. It is stated that the plaintiff himself also prayed for taking pattan of a portion of the land but since he was not in possession his prayer was not granted by the Government. 4. The trial court came to the finding that the plainti......i Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, from befo......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..

Category: Property Law | Date: | Hits: 37

Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)

....g to recover money advanced to respondent Company with interest and other expenses and also other relieves available to it under the provisions of the aforesaid law. He then referred to the following prayer made by respondent Company in Title Suit No. 193 of 1981; "(a) For having a full and tru......gment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject m......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. ......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

Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)

...., Cr.P.C. before the Chief Metropolitan Magistrate, Dhaka As the application was not in form the same was not considered by him. Complainant, therefore, filed another application for amendment with a prayer for framing charge against the appellants under section 30 of the aforesaid Act. This applic�......han the Penal Code has to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the Code of Criminal Procedure. Under the Act there being no special provisions for investigation or inquiry, provisions of Criminal Procedure Code for the purpose shall be attract......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..

Category: Criminal Law | Date: | Hits: 59

Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)

......................... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectifica.................... Respondents (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of...... 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. ...... 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)

....h 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 Judge. Ed. This Case is also Reported in: 38 D...... Islam Chowdhury, Abul Kader Chowdhury, Abu Backkar Chowdhury and two others. On receipt of the charge sheet the Sub divisional Magistrate, Sadar, Chittagong, discharged the respondents whereupon informant Farruk Ahmed filed a naraji petition which, however, was rejected by the learned Sub divisio......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. ......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. ..

Category: Criminal Law | Date: | Hits: 105

Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)

....1.6.84 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1244 of 1931). Judgment Badrul Haider Chowdhury J. - This appeal arises out of an order rejecting the appellants' prayer for taking additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civ...............Respondent Judgment August 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out d......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. ......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

Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)

....Canadian soldiers temporarily without accommodation. The plaintiffs under a claim for purchase of the said premises requested the Minister to make arrangements for the release of the premises but the prayer was refused but they secured entry to the premises on August 22, 1945 and purported to take......ilgaon, P. S. Tejgaon in L. A. Case No. 91 of 1962-63, under the East Bengal (Emergency) Requisition of Property Act, 1948 (hereinafter referred to as "The Requisition of Property Act") and praying for a direction to derequisition certain other lands including plot Nos. 713 and 714 of the said Mou......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 48

Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)

....ts who were not parties to the aforesaid proceeding, however, applied to the Additional District Magistrate of Faridpur for withdrawing the order of attachment made on 16. 11. 67 but the prayer was rejected by him on 25. 3. 68 whereupon the appellants filed a revisional application bef......ance of the breach of peace". A reference was made under section 438 of the Code of Criminal Procedure to the High Court by the Additional Sessions Judge of Faridpur recommending for the setting aside of the order of the learned Magistrate dated 6.4.61. This reference, which wa...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ..

Category: Criminal Law | Date: | Hits: 49

Abdur Rashid Vs. The State, 1975, 4 CLC (AD)

....him. But the High Court rejected the contention of the learned Counsel and observed that the learned Advocate who was appointed to defend the accused prisoner at Government expense did not make any prayer for time with a view to enabling him to make the necessary preparation. So, in the absence ......and two daughters. After the death of his first wife about 10 years ago. Yasin married Maleka Khatun. Yasin proposed to make a gift of 3 Pakhis of Nal land and a hut to his wife Maleka some time before 5th of Poush, 1374 B.S. bat it was disliked by Abdur Rashid. On Thursday, the 5th of Poush, 13......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. ......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. ..

Category: Criminal Law | Date: | Hits: 66

Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)

....17 C.W.N., Beachcroft, J. observed as follows: "The responsibility of the person begins with the prosecuting of the complaint but it does not end there and is not limited to the prayer contained in it. As the application of the rule of absolute privilege in English law to wor......dhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Magistrate, First Class Sylhet and sentenced to six months simple imprisonment. His appeal before the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the ru......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..

Category: Criminal Law | Date: | Hits: 77

Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)

....;lication for restraining the appellant from making demand on respondent 2 to encase the letter of guarantee and restraining respondent 2 also from honoring the said letter of guarantee. This prayer was granted by the High Court Division while the second appeal is still pending for disposal......passed by the High Court Division in the Civil Rule No. 652(s) of 1978. 2. The appellant is a Commercial Bank. The respondent 1 has filed a suit as plaintiff being Title suit No. 42 of 1977 for a declaration that the final notice of claim dated 5.1.77 made by the appellant against re...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..

Category: Banking Law | Date: | Hits: 130

Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)

....stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. 3. The Munsif allowed the prayer of the respondent to be substituted as plaintiff. An appeal was preferred before the learne...... as follows: Other Suit No. 138 of 1966 was instituted by the plaintiff Shamsul Arefin Hazrat Moulana Mohammad Moksusar Rahman as the Sajjadanashin of Mirzakhil Darbarsharif against the defendants for permanent injunction restraining them from obstructing the plaintiff in holding and perfor......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 91

Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)

....see under this Regulation are false these will be rejected. The Assessee will have, however, the right to ask for an administrative review of this decision by the Central Board of Revenue. If his prayer is accepted his return etc, will be processed under sub-paragraph (b) or (c) above. If the Ce......onstitution calling in question the demand of arrear tax by respondent No.1. on 31.1.1974 in respect of the declaration of excess income on the grounds that an Administrative Review Application before the Central Board of Revenue was filed bat the result of the said application was not communica......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 98

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