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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......venue setting aside the sale at his instance. That order is Ext. 5 dated 30 January. 1960. P. W. 3, the lawyer, has supported the appellant's ease saying that he was engaged by the appellant in the proceedings for setting aside the auction sale under Ext. 5. The learned Single Judge has observed t..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. ...... was allowed two promotions, and on the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committee of the Bank and a proceeding was drawn against him on charges of misappropriation of Bank's money by forgery and falsi..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....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. ......icle 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 matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, t..Category: Banking Law | Date: | Hits: 121
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. ......lt: 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 the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view t..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.......r 4, 1985. 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 Co..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....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. ......ot by the keeper of a Press and since the matter of subscription of the declaration in the prescribed form is within his exclusive knowledge it is the District Magistrate alone who could initiate the proceeding under section 30 of the Act. How could a private person be supposed to know whether such ..Category: Criminal Law | Date: | Hits: 59
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....titioners moved the Sessions Judge under section 439A Cr.P.C. and the learned Sessions Judge dismissed the revision case, whereupon the accused filed an application under section 561A Cr.P.C. for quashing the proceeding inasmuch as the individual case of the accused was not considered by the Cou......ed the Sessions Judge under section 439A Cr.P.C. and the learned Sessions Judge dismissed the revision case, whereupon the accused filed an application under section 561A Cr.P.C. for quashing the proceeding inasmuch as the individual case of the accused was not considered by the Court below. The..Category: Criminal Law | Date: | Hits: 53
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... 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. ......te Division." 8. Leave was granted to consider the question whether the reliefs claimed under sections 38 and 162 of the Companies Act are different and distinct in nature and the character of the proceeding are also separate and distinct and whether reliefs could be granted in the same proceed..Category: Company Law | Date: | Hits: 195
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....f Sessions, Chittagong, for trial which gave rise to Sessions Trial case No. 407 of 1982. 6. Respondents then moved the High Court Division under section 561A of the Code of Criminal Procedure for quashing the proceeding of the said Sessions Trial Case. The High Court Division quashed the said pr......ry and others.…………………Respondents Judgment July 10, 1985. Result: The Appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), section 561A. Ref. Quashing of proceeding The GD entry and the FIR giving detail of the cause of apprehension and the circumstan..Category: Criminal Law | Date: | Hits: 105
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....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. ......d by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transferred holding. 4. The appellants resisted the pre-emption proceeding on the ground that the vendor Abiran Bibi had earlier mutated her name and got the holdin..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....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. ......giving the evidence or whose attendance cannot be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence under section..Category: Property Law | Date: | Hits: 37
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......nd under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case has a chequered history which is as follows:- 2. The land in dispute was subject matter of a proceeding under section 145 of the Code of Criminal Procedure. Mr. Shamsuddin Ahmed, Magistrate, 1..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
.... Special Leave arise out of an order passed by the High Court of East Pakistan rejecting summarily an application filed by the appellant under section 215 of the Code of Criminal Procedure for quashing the order of commitment of the appellant to the Court of Sessions to stand trial on a char......al 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
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ...... 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corresponding to 14th April, 1968, while deceased Shamsul Huq and his elder brother P.W. 2 Md. Tajul Islam were proceeding at about 7 A.M. towards Kaliatoli Bazar for marketing, they were suddenly encircled at a..Category: Criminal Law | Date: | Hits: 39
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. ......herewith and incidental thereto. The learned Attorney-General pointed out that the scheme with respect to election to Parliament is different from that of election to local bodies and, as such, the proceeding relating to election to Parliament are also different from those relating to election t..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. ...... evidence of two witnesses, namely P. W. 2 Siraj and P. W. 4 his sister Fazila Khatun. Both of them stated that they came to the house of their Fhufu, Maleka, in the evening of 4th Pous, 1374 B.S. proceeding the day of occurrence. Having taken meals at night they slept in the north Bhiti hut. In..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. ......ps agreed with the learned Judges of the Bombay High Court in taking the view that the parties represented a full sale as having taken place on October 14, 1908, sufficient to justify the uncle in proceeding at once to perform the ceremonies, treating that the date of execution of sale deed as t..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......on was not maintainable. Section 72 of the Ordinance is as follows:— "72. (1) an appeal shall lie from any order or decision of the High Court in a civil proceeding under this Ordinance when the amount, or value of the subject-matter of the claim excee..Category: Business or Commercial Law | Date: | Hits: 101
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. ......the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Revision No. 579 of 1970 was made absolute on the ground that the reporting of the proceedings in the weekly paper of the respondent was substantially true and therefore protected un..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. ......s of land, whether agricultural or non-agricultural within the municipal areas. In deciding the third question the learned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ce..Category: Property Law | Date: | Hits: 47
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