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Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......r defective that title might be. This necessarily implies that in case the tenant sets up a claim of title in himself he shall first surrender possession to the person from whom he had taken it. This principle of law has been nicely expounded by Jessel M. R. in Re. Stringer's Estate, page 384 L.R. 6......order dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered ......r dated 18th January 1984 passed by the High Court Division, Comilla Bench, in Civil Revision No. 184 of 1983.) Judgment: Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the learned Single Judge of the High Court Division rightly interfered with..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......as been followed in the process of taking action against the plaintiff." In the circumstances, even if the Civil Service Rules as to disciplinary matters were not applicable to the respondent, principles of natural justice were duly complied with as the respondent was given opportunity to......le, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land mortgage bank, not a government servant for the purpose of his service with the bank.The respondent is neither a government servant nor an e......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Shamsul Huq @ Shamsul and others Vs. The State, 1986, 15 CLC (AD)
.... 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. ......dure of trial of cross-cases, has not been mentioned in the judgment of either the trial Court or the appellate Court. The procedure for trial of counter-cases by the same court is founded on a sound principle of Criminal trials. Trial of cross-cases which arise from the same incident, by the same c......ed. Sometimes, a witness is tendered by the prosecution out of a motive and not examined least something undesirable to the prosecution should come out of his lips………………..(7) Procedure for trial of counter-cases A case and a counter case arising out of the same incident should be t....... Though these is no express provision of law requiring trial of cross-cases by the same court, practice extending over a century and attending expedience dictate such a trial for arriving at correct determination of disputed facts…………………….(8) Burden of proof The burden to prov..Category: Criminal Law | Date: | Hits: 60
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......ction 66(1) of the Act and framed the question as mentioned above. 4. The learned Judges of the High Court Division took the view that a fresh notice was necessary and grounded such opinion on the principle of natural justice. The learned Judge observed. "We hold that in order to levy additi...... Vs. M/s. Mallick Brothers ..........................Respondent Judgment December 11, 1985. Result: The appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
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....... 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....... Result: The appeals are dismissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom t......e order of the High Court Division dismissing their appeals from their conviction and sentence passed by the Special Judge, Comilla, under the Criminal Law Amendment Act, 1958. Two questions call for determination in these two appeals by special leave; one, which is purely a question of interpretati..Category: Criminal Law | Date: | Hits: 69
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......ondent No. 2, Idris Alam, two days before the aforesaid letter was addressed. Thus, no opportunity was given to the appellant firm to deny or disprove such allegations leading to the violation of the principles of natural justice. Though neither respondent No. 3 nor the Government has come forward t......ent between the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respon......ocument to show that the Managing partner was declared by the Government to be an enemy of the State. The contentions raised by the earned Counsel deserves consideration." The main questions for determination in this appeal are whether the termination of the appellant's dealership licence is le..Category: Business or Commercial Law | Date: | Hits: 118
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. ......n be said that this decision was not available before the Division Bench, Chittagong and had it been so their decision would have been otherwise. Be that as it may, keeping in view the well-settled principle we have no hesitation in saying that the quashing of the proceeding was illegal and in vie...... 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. ..Category: Criminal Law | Date: | Hits: 105
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......ere be any doubt, of if there be two alternative interpretations possible, a taxing statute must be interpreted in favour of the assessee and against the Revenue Authority". This principle is not disputed, but it has no manner of application in the facts of the present case. ...... Judgment: Mahmud Husain, J.—In all these appeals a preliminary question arises for consideration and Mr. Ishtiaq Ahmed, learned Additional Attorney General for the Government con......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......d edition, Volume 3, p. 96, section 5814 which notes that "there is but one way to obey the command 'thou shall not,' and that is to refrain altogether from doing the forbidden act." This principle has been stated in Crawford's "Statutory Construction", page 516, section 261 in the fol......lved: Md. Ansar Ali, Advocate, instructed by Mohammad A. Aziz, Advocate-on-Record. —For the Petitioner. Syed Ishtiaq Ahmed, Additional Attorney-General—For the Government. Civil Petition for Special Leave to Appeal No. 47 of 1973. (From the judgment and decree dated 8th December, 19......d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....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. ......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. ......Madhar jemedar, (1918) ILR 42 Bom. 344. Lawyers involved: Akram Hossain Amin, Advocate—For the Petitioners. Not represented—the Respondents. Civil Petition for Special Leave to Appeal No. 78 of 1974 Judgment &n......f Act an option to repurchase property is prima facie assignable, though it may be so worded as to show that it was to be personal to the grantee and not assignable". The question falling for determination in the suit therefore was whether the parties to the contract intended it to be res&s..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... India again came up for consideration, and it was held as follows:— "If the Court has jurisdiction to give the main relief to the detenu at the end of the proceedings, on principle and in theory, it is not easy to understand why the Court cannot give interim relief to ...... 3 of the Special Powers Act, 1974 because of his alleged prejudicial activities. Prior to the order passed by the vacation Bench on the 12th September, 1974 enlarging the detenu on bail for a period of two months and fifteen days on the ground of his illness, another Bench had issued ......; 24. The grant of bail pending hearing of a matter is an interim relief which can be given in aid of and as an ancillary to the main relief which may be available to the party on final determination of his rights in the proceedings. 25. We may now proceed to take note of the c..Category: Criminal Law | Date: | Hits: 85
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....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. ......to have been called for to satisfy the legislative intent of holding a poll for election to the office of Chairman. In support of his contention Mr. Pal submitted that in conformity with the general principle incorporated in the representation of the People's Order (President's Order No. 155 of 1......h of the High Court Division dismissing an application under article 102 of the Constitution. 2. Respondent No.14, Mr. Md. Abdullah and one Dr. Shafiqur Rahman, were the only contesting candidates for Chairmanship of North Halishahar Union Parishad. But before the poll, Dr. Shafiqur Rahman dies o......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
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....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. ...... is to prove the guilt of the accused and failure on the part of the defence to substantiate any plea taken by it does not necessarily prove the guilt of the accused. According to the settled principle of law the burden to prove the guilt of the accused is primarily and principally upon the......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. ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ...... in preference to all other persons by means of pre-emption. The law of 'shufa' has been developed out of some 'hadises' (tradition) of the Prophet of Islam. Its foundation seems to be based on the principle that all members of the society should attempt to preserve joint nature of their ancestr......in Second Appeal No. 486 of 1964 reversing the concurrent finding of the Courts below and decreeing the suit in favour of the heirs of deceased plaintiff Abdul Latif Bhuiyan who instituted the suit for pre-emption under the Mohammedan Law. 2. Facts in short necessary for disposal of ...... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......not be annulled by the landlord under section 167, B.T. Act. In support of these contentions Mr. Khandaker has, of course, referred to a great number of decisions; but before we consider the principle of law formulated in those decisions we propose to look into the relevant facts of t......in Ahmed J.- This appeal by special leave is from judgment and decree of the High Court Division dated April 5, 1976 in Second Appeal No. 783 of 1962 dismissing the plaintiff appellant’s suit for title, possession and injunction, on reversing the judgment and decree of the lower appellate ......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....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. ......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...... Against this background we are to consider the interpretation of the 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 wo..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... 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. ......ith a notice to the appellants, it might be argued that the mutation was binding upon the appellants but the non-service of notice of the mutation case has not only resulted in the violation of the principles of natural justice so far as the appellants are concerned but is in direct viola&sh......ile Sakina Bai possessed the 'B' schedule land and structures. Thus, while the appellants were possessing the said land in Ejmali with Sakina Bai the latter sold the B' schedule land and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-...... land, at the time of such Acquisition, be regulated by the provisions of that Act. (2) The rights and liabilities of other non-agricultural tenants shall, except in the matter of determination, enhancement or reduction of rent, be governed by the terms of the lease and the p..Category: Property Law | Date: | Hits: 47
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......a division of a holding under section 88A and "no such order shall be passed unless reasonable notice has been given to the parties concerned to appear and hear in the matter" is correct in principle but this is essentially a question of fact whether all the co-sharers tenants were served ......ul Hakim Miazi being dead his heirs Mobaarak Hossain Miazi and others……… Respondents Judgment July 13, 1978. Result: The Appeal is allowed and the petition for pre-emption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdi......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... 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 suit itself was not maintainable. Further, the transaction being essentially a commercial transaction. Court should not have interfered by passing an order of injunction without considering the principle of balance of convenience and inconvenience. Mr. Huq submitted the dispute is between two......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. ..Category: Banking Law | Date: | Hits: 130
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......d; and an order directing a party to be added under section 32 of the Civil Procedure Code (1908) can be made in such a suit before it has actually terminated." According to the principle laid down in that case it is the drawing and signing of the decree on a stamped-paper in ......bsp; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was pa......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
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