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Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... occurrence. PW 1 the informant who arrived at the PO later on claimed to have recognized Ali Mollah only and no other. PWs 5-7, 9 and 10 were examined as corroborating witnesses while PW 8 was the local Doctor of the health complex and PW 11 the Investigating Officer. 9. The learned Addit......nt casts a long shadow on the alleged occurrence at night. Even the evidence of the local Doctor (PW 8) shows that the injuries were mainly multiple swelling with ecchymosis on various parts of the body of the victims. Alleged penetrating wound on the scalp of Montajuddin and fracture of the rig..Category: Criminal Law | Date: | Hits: 51
Fazlur Rahman Molla Vs. Bangladesh, 1992, 21 CLC (AD)
....ult, we accept the appellant's contention and hold that his conviction is without any evidence. The appeal is allowed and the impugned order of the High Court Division is set aside. Ed. ......se of the appellant and other plaintiffs is that the Administrator (Defendant No. 1 of the suit) and other officers under him were served with the notice of status quo but the Administrator sent a body of persons to the market to demolish the shops. Appellant then showed a copy of the order of s..Category: Criminal Law | Date: | Hits: 79
....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:
......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
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....dpur and confirmed in appeal by the High Court Division. Main grounds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local witnesses, all declared hostile by the prosecution, is not proper and that miscarriage of jus......Fakir's party, variously armed, who had raided the house of Badsha Mia in the course of which Badsha Mia's brother, Lalmia, was killed and in that connection Idris Fakir received a fatal blow but nobody saw who had been the assailant. On this allegation a separate case was instituted in which pol..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....troi limit, may escape the payment of octroi. Makers of this legislation, it appears, were very conscious of the fact that octroi is intended to augment income of the Municipal Committees which are local Government Institutions and that except for official use only of a Government property it mu......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....hat the contesting defendants were in possession of the suit land. But the two Courts differed with regard to the period of possession. The Court noticed the report of the Revenue Circle Officer on local inquiry stating that the heirs of Abdul Hakim and others were in possession of lands of suit......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Afsaruddin Ahmed Vs. Banque Indosuez, 1992, 21 CLC (AD)
....of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ......of the Code of Civil Procedure and thereby correctly held that this rule is directory and not mandatory. In the result, this appeal is dismissed without any order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 150
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....e 102(2) of the Constitution confers the power of judicial review on the High Court Division exercisable upon "a person performing any functions in connection with the affairs of the Republic or of a local authority". The word "person" undergoes an inclusive and exclusive definition in Article 102(5......nd to punish for contempt. Those provisions were declared ultra vires as there was nothing in Chapter III of the Constitution which justified judicial and non‑judicial functions being united in one body. 13. The case of Liyanage Vs. The Queen [1966] 1 All ER 650 is an aftermath of an abortive ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... is not maintainable, the appellant being a Private Limited Company. The Bangladesh Petroleum Corporation exercises its powers under the Articles of Association and not by virtue of being a parent body. The Corporation owns the Company. It makes the appointments and it dismisses the Officers and..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......l who received the summons is indistinct. Moreover, the names of Mokabala witnesses in whose presence the summons was served have not been mentioned. There is no declaration and verification in the body of the summons. On these findings the lower appellate Court held that no summons was served u..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....mained undelivered. 50. In this judgment, I have very elaborately dealt with the International Mercantile Practice and usage as because this case involves import of cement from a foreign land by a local importer from Foreign Merchant by opening irrevocable letter of credit. It is necessary to und......at M/s MA Baker was the agent of M/s Transclear. Except the respondent's own assertion made in the writ petition there is nothing to show that M/s Transclear sold the goods to the respondent. It is nobody's case that the bill of lading was forwarded by M/s Transclear to the Banker of M/s MA Baker. E..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan and others Vs. State, 1992, 21 CLC (AD)
.... torch carried by them. The appellants took away gold ornaments from the person of his wife Jahanara and other valuable articles worth about Tk. 9,910/‑ Upon information lodged by PW 1 to the local police station on the following day police took up investigation of the case and submitted ch......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. ..Category: Criminal Law | Date: | Hits: 60
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ......om of Zahura Khatun and inflicted dao blows on her face and neck. This is the positive statement of the maker himself. PW 7 Dr. Md. Lutfor Rahman who held post‑mortem examination on the dead body of Zahura Khatun found the following injuries on her person: "(1) One incis..Category: Criminal Law | Date: | Hits: 69
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....Presidency Town of Calcutta by a Royal Charter and each of the Justices of that Court was given power to issue the English Writ of habeas corpus like the Court of King's Bench in England within the local limits of the Court. Two other Supreme Courts were established in two other Presidency Towns ......s orders of release were frustrated by serving a fresh order of detention on the detenu in jail, our High Court Division resorted to habeas corpus ad subjiciendum at recipiendum (that you have the body for submitting and receiving) and the corpus of the detenu was directed to be brought before t..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... the right of enjoyment of the property, under this section, is for a "certain time" or" in perpetuity". 7. Section 106 TP Act speaks of duration of certain leases "in the absence of contract, or local law or usage to the contrary"; it also provides for termination of certain leases by notice, a......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
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ......er of requisition and acquisition made under the Town Improvement Act was impugned, and has ultimately held that this part of prayer having not been in accordance with the case made out in the body of the plaint can be ignored. 7. The new point as to the maintainability of the s..Category: Procedural Law | Date: | Hits: 99
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....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.......trary one, but it has to be formed judicially that is to say, there must be some material basis for such an opinion. It is now a well-established principle of law that if any person or administrative body is invested with a power to do an act which may affect certain individual or his rights such a ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....necessary implication authorises an inquiry, it is immaterial that no specific procedure is prescribed by the Act itself. In the absence of any specific provisions to the contrary in any special or local law, the ordinary rules of procedure would apply. This decision refers to the applicati...... transferee, and can claim so much of the right, title and interest in the land as the said transferee had and was capable of conveying at the date of the transfer. It is only the transferee or anybody claiming through him after the said date of transfer, who can be regarded as the judgment debt..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......rred by limitation and adverse possession and it also indicates that the suit was generally understood to be one under Article 144, rather than under Article 142. In any view of the matter, it was no body's case that anybody other than the plaintiff's predecessor, who was the rightful owner of the p..Category: Tenancy Law | Date: | Hits: 68
Syed Mofazzal Hossain Vs. The Election CoÂmmissioner and others, 1975, 4 CLC (AD)
....ave conformed to the direction as contained in the said Rules in framing the final order in the case. The learned Counsel for the appellant has submitted that the Rules as framed under the Bangladesh local Government Union Parishad and Pourashava (Election) Order, 1973 do not contemplate a partial s......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
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