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Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ...... The Magistrate has been given the power for using discretion whether to proceed by way of issuing processes or not by the Court…………(18) The transferee trying Magistrate who has already recorded evidence of few witnesses is authorized to issue process against the accuseds not sent up i......sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....isdiction or coram non judice or mala fide. 10. It is to be observed that when an authority is vested with a jurisdiction to do certain acts and in the exercise of that jurisdiction he does it wrongly or irregularly the action can be said to be done within the purported exercise of his juri......founded in law in directing the abatement of a writ petition in view of sub-paragraph (1) of paragraph 5 read with paragraph 4 of Martial Law Regulation No. VII of 1977. This order of abatement was recorded along with some other writ petitions. 2. It is to be observed that the learned Judges di......he observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ...... the appellant was not denied the right to cross-examine the witnesses. According to him since the witnesses were examined in support of the allegations brought against the appellant, the evidence so recorded would not be mad the basis for convicting him and inflicting punishment, unless the person......iew the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..Category: Employment/Service Law | Date: | Hits: 70
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....r set apart for being ex-pended in Pakistan and as such this surplus is taxable according to the proviso, Mr. Bhuiyan has contended that the High Court Division has misconstrued section 4 (3)(i) and wrongly applied it to this case. Mr. Rafiqul Huq, the learned Advocate for the Respondent has conte......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......re dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......t prevent the trial of any offence, as does autre fois acquit, but only precludes evidence being led to prove a fact in issue as regards which evidence has already been led and specific finding recorded before a court of competent jurisdiction." 11. We need not refer to the other cases......eal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ...... is allowed and the judgment and order of the High Court Division dated May 4, 1978 are set aside. KM Subhan J.—The judgment of my Lord, Mr. Justice Ruhul Islam expressing the majority view has recorded the facts of the case and submission made by the learned Counsels at the bar. For avoidance......lowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
M.V. Aghia Thalassini and others Vs. Abu Bakr Siddique and others, 1980, 9 CLC (AD)
....clause in the Bill of Lading that it is to be used by the charter party and built up an argument on the arbitration clause of the contract. Therefore, it is contended that the High Court Division had wrongly rejected the prayer. 5. Syed Ishtiaq Ahmed, the learned Counsel appearing for the Respo......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ......uch discretion cannot be exercised. There is the end of the matter. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 107 ..Category: Business or Commercial Law | Date: | Hits: 89
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ......nation of a dead body identified to him as that of one Saleha Begum. He found one incised wound on upper part of the neck which according to him, was the cause of her death and suicidal in nature. He recorded the result of his examination in his report. On the basis of a First Information Report fil......ivision (Civil) Present: Fazle Munim CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Dr. Mozammel Huq Chowdhury…………Petitioner Vs. Chief Martial Law Administrator and others....Respondents Judgment June 22, 1978. Result: The Petition is di......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......rt in assessing compensation in terms of section 93A (5) (b) (ii) read with 91A of the Act is competent to direct for payment of interest on the compensation assessed. 2. Facts are that the land recorded in C. S. Plot Nos. 59, 60, 89 and 90 measuring 2.55 acres of land of Mouza Bhola under P.S.......trict Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......the Supreme Court of Pakistan in the case of Abul Hossain Sana Vs, Sawalal Agarwala, (1962) 14 D.L.R. (S.C.); 96 PL.D. 1962 (SC) 242, wherein it has been held that once an order of discharge has been recorded by the Magistrate revival of proceedings is not permitted in the absence of an order of the......is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......tion was affirmed. On revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also not in one compact block but are close to each...... This Case is also Reported in: 32 DLR (AD) (1980) 54 ......revision a Division Bench of the High Court refused to interfere in the matter and approved the view taken by the Courts below. The disputed lands are in five different holdings recorded in different khatians and the plots are also not in one compact block but are close to each other in a zigzag way..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......ithout considering the recommendation of the Enquiry Officer. It was further contended that the departmental proceedings were taken in his absence and witnesses were examined and their statements recorded also in his absence and thereby violating the principles of natural justice. 4. From the......ssed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....pugned Judgments including the Judgment of the High Court Division, and has pointed out that so far as the non-appealing confessing accused, Shafi is concerned, his conviction was based, rightly or wrongly, on his confessional statement, though retracted later on, but as to these three appellant...... it to Bogra town for which he was to be paid Tk. 25.00 as his carrying charge. A first information report was lodged, the machine was seized and accused Shafi was produced before a Magistrate who recorded his confessional statement implicating himself and these three persons in the crime. In du...... set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... them when they came immediately after the occurrence, (b) statements of the witnesses under section 162 Cr.P.C. were not given to the accused; (c) The evidence of P.W. 12 shows that the statements recorded under section 161 Cr.P.C. had been lost, (d) the petitioners had already suffered impriso......its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....f P.W.s 3 and 5 at the place of occurrence as eye‑witnesses was also accepted without a critical appreciation of their evidence. The defence suggestion to P.W. 1‑5 regarding P.W. 2 was wrongly construed as an admission by the defence that P.W. 2 was present at the time and place of o......o Police Station Kalia at about 12 noon when P.W. 1 Ekramul Huq (Tuku) accompanied by P.W. 2 Pilu and P.W. 5 Tulu lodged an FIR (marked Ext. 4(l) with objection) with him at 12‑30 PM which he recorded on the dictation of P.W. 1. He came back to the Police Station immediately thereafter, pr......at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....hich could be much more, was pre-empted and the same was done malafide and for a collateral purpose. Dr. Hossain submitted that the High Court Division rejected this contention of the petitioner upon wrongly relying on Fairtech Limited and ors Vs. Bangladesh Shilpa Bank and others reported in 42 All......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ...... Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... was challenged before the High Court Division mainly contending that the Court of Settlement misread and misconstrued these documents namely, the kabala and the indenture of lease of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the sig...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......tafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. Lawyers...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....ng of the respondent. He also proved the respondent's initial thereon. The learned Deputy Attorney‑General submitted that in spite of such direct evidence given by competent witnesses it was wrongly held by the learned Judge of the High Court Division that the prosecution failed to prove t......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ....... 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... the Judges of this Court were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the other in 34 DLR (AD) 217. In the latter, the lands transferred consisted of seven plots, all recorded under a single khatian and the pre‑emptor's land was contiguous to two of those seve......ppeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ......t were common to the decisions in both the cases, one in 32 DLR (AD) 54 and the other in 34 DLR (AD) 217. In the latter, the lands transferred consisted of seven plots, all recorded under a single khatian and the pre‑emptor's land was contiguous to two of those seven plots, but nevertheles..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ...... 3) 400 it was held that before passing an ex parte decree it was incumbent on the trial Court to whether such facts confer legal right on the plaintiffs against the Government. As the brief finding recorded by the trial Court did neither satisfy legal requirements nor from such finding the alleged......2 DLR (AD) 74 & Bajrang Rai and others Vs. Ismail Mian 1978 AIR Pat (FB) 339, Bangladesh Vs. Abdul Wadud 25 DLR (SC) 90, Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371, Bangladesh Vs. Jaheruddin 1986 BLD (AD) 180(182), Mst. Nurjahan Begum Vs. Giri Gopal Sarker 1979 BSCR (Vol. 3) 400 and Mst.......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
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