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Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......y disappears and merges in the order of the appellate authority so that there remains in existence only the appellate order and this order can be made the basis of a suit." The principle as laid down by our Supreme Court in the above case is too well known and with reference ...... Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 196......e not all unfamiliar with cases where an appeal is said to be a continuation of a suit or is included" within the word suit. The legislature when it provides a hierarchy of tribunals for the determination of a dispute is really providing one complete procedure for such determination, pr..Category: Property Law | Date: | Hits: 86
Golam Kader Vs. State, 1972, 1 CLC (HCD)
....on and sentence passed by the learned Sessions Judge is hereby set aside. We direct that the appellant be set at liberty forthwith if not wanted in connection with any other matter. Ed. ......uld not be made under pressure and that PW 4 resiled from her earlier statement with a view to shielding the accused. This line of reasoning, in our opinion, was not in accordance with the correct principles applicable to the evaluation of the evidence in this case. In the case of State vs. Umed...... August 13th, 1970. Cases Referred to: Lai vs. The Crown (1954) 6 DLR (FC) 38; PLD 1954 (FC) 95; State vs. Umed Ali (1963) 15 DLR 712. Lawyers involved: No one- both for the Appellant and Respondent. Appeal No. 174 of 1968. Judgment: &nb...... show that the husband did not give the power of Talak-e-Tawfiz to the wife. The wife asserted before the court that she had exercised her right of Talak-e-Tawfiz. Quite independently of the final determination of the question whether the marriage between PW 1 and PW 4 subsisted or not, the circ..Category: Criminal Law | Date: | Hits: 59
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ......ments of section 34 of the Income Tax Act apply to the case of escaped assessment under the Business Profits Tax Act. Our answer to this question is, no. In the case of legislation by reference the principle that appears well settled is that the adopting Act will retain the shape of the adopted ......ax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: Nagina Silk Mills Ltd 15 DLR (SC) 181; PLD 1963 (SC) 322; the Secretary of State for India in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......t ness are joint family properties; but such a presumption is rebuttable and may be displaced by the person alleging the property to be his self-acquired property". 9. This principle as enunciated in the said case clearly shows that the person^ alleging the property to be......5th February, 1961 upholding those passed in Title Suit No. 12 of 1959 by Mr. A K M Azizul Huq, Munsif, 2nd Court, Chandpur on 12th April, 1960. 2. The plaintiff instituted the aforesaid suit for partition alleging, inter alia, that the property mentioned in the Ka and Kha sch......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ...... of the plaintiff 2. Under the circumstances it cannot be argued that the plaintiff 2 also had notice of the order passed under section 145 proceedings." In the above context the principles of law as enunciated in the case of Ham Din and another vs Buta, minor through Musammat ......bsp; Nurul Islam J.- The appeal is at the instance of the defendant Nos. 1, 2 and 5 and arises out of Title Suit No. 67 of 1958 filed by the plaintiffs in the Court of Munsif at Sandwip for recovery of khas possession of the suit premises on establishment of their title in the same a...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
....iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ......into another particularly in the case of a charge of an offence where normal sentence is death and lesser sentence is transportation for life. There are numerous decisions which have laid down the principle that the court will be extremely cautious and seriously think to give maximum punishment ......p; Ahsanuddin Choudhury J: These 4 appellants have been convicted under sections 302/109 PPC by the Sessions Judge Dinajpur and sentence to transportation for life. 2. In short, the prosecution case is, that the deceased Jahiruddin married, accuse......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..Category: Criminal Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......gal Tenancy Act had been rebutted by evidence and by evidence of entry in the record of-rights, the question is a question of fact which cannot be agitated in second appeal." The principle of law as enunciated by Guha, J, in the said case fully holds good in the facts and circu......i Probha Nag in 53 1C 188; Faruzuddin Mondal vs. Tahirannessa Bibi and ors. 15 DLR Dacca, 214. Lawyers Involved: Farid Ahmed, Advocate—For the Appellants. Mahmudul Islam for BN Chowdhury, Advocate—For the Respondents. Appeal from Appellate D...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......it was held to be barred under section 42 of the Specific Relief Act inasmuch as they were out of possession and did not ask for recovery of possession as a consequential relief and this followed the principle as laid down in Almas Khatun's case as the principle was clearly different. The defendant ...... learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....and disadvantage of the travelling public. In the absence of any specified data it is very difficult to decide this question. Further, these are highly disputed facts concerning the general policy of guiding the inland river transport system for which the court is not the authority to decide or deal...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. .......11.69. From 1968, Messrs Pakistan River Steamers Limited was running their steamer from Dacca to Barisal. On 7.11.1969, the IWTA granted to Messrs. High Speed Navigation Company Limited a time-table for Dacca-Patuakhali via Barisal route. The petitioner firm is aggrieved by the time-table granted t...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ...... any hearing whatsoever. As against this, when delay is condoned and the substitution is made the worst that can happen is that a case is decided on merit after hearing the parties. Therefore, the principle that substantial justice shall take preponderance over technical consideration should alw......;…..Respondent Judgment March 11, 1999. The Limitation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay…......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ......l Procedure, 1898 (V of 1898), Section 491 It is entirely unacceptable that a young girl who is an innocent victim of the alleged offence should remain in an unwholesome atmosphere of a jail for an indefinite period. The victim girl on medical examination found 18 years of age by two doctor...... be about 18 years but the report of the radiologist which is more acceptable shows that the girl was about 16 years of age in May, 1997. Prime facie it appears that the victim girl is a minor (final determination will be made at the trial) and she is a victim of an alleged offence committed. by the..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ending parties like a Civil Court. However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. The principle is well-settled and we have no hesitation therefore in observing that all the findings, o......e Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Court Division on the qu...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ......that an individual worker after compliance with the formalities as contemplated under section 25 (1)(a)(b) of the Standing Orders Act, 1965 can maintain an application before the Labour Court. The principle of that decision applies with full force in this case. There is hardly any scope to disti......urt Division rightly held that the petitioner (a retrenched gate-keeper of a Cinema hall) being not a worker as defined under the Industrial Relations Ordinance, 1969 her application does not lie before the Labour Court under section 34 of the said Ordinance and the same could not be converted in......efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ..Category: Labour and Industrial Law | Date: | Hits: 94
Moulana Delwar Hossain Saydee Vs. Sudhangshu Shekhar Halder and others, 1999, 28 CLC (AD)
.... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ......o appeals as well. Learned Judges of the High Court Division do not appear to have committed any illegality in dispensing with the service of notice upon the non-contesting parties in terms of the principle underlying Order 41, rule 4(3) of the Code of Civil Procedure…….(9) ...... Amirul Islam, Senior Advocate instructed by Md. Aftab Hossain Advocate-on-Record—For the Respondent No.1. Not represented — Respondent Nos. 2 to 19. Civil Petition for Leave to Appeal No. 15 of 1998 (From the judgment and order dated 26 October 1997 pa...... be expeditiously disposed of. We, therefore, find no substance in this petition which is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 171. ..Category: Election Law | Date: | Hits: 117
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... rate of 40% as demanded by the Customs Authorities. 3. Mr. B Hossain, learned Advocate-on- Record for the petitioners, submits that the interim order of release was passed contrary to the principle laid down by this Division in the case of Commissioner of Customs vs. Giasuddin Chowdhury...... B Hossain, Advocate-on-Record— For the Petitioners. MA Wahhab Meah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record —For the Respondent. Civil Petition for Leave to Appeal No. 405 of 1999. (From the judgment and order dated 17-2-1999 passed by......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)
....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ...... idol, has this to say: “The question is, can such a person represent the idol when the shebait acts adversely to its interest and fails to take action to safeguard its interest. On principle, we do not see any jurisdiction for denying such a right to the worshipper. An Idol is in......from the days of antiquity. It lies within the city of Dhaka. The votaries of the deity are the members of the Hindu community at large spread all over the country. 3. The said deity sued forma pauperis through her managing shebait and a next friend, Hem Chandra Chakraborty who in his t......p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ..Category: Family Law | Date: | Hits: 156
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ......judgment is a totally unacceptable, unsatisfactory, disjointed, inherently incoherent, contradictory and confused judgment both in law and facts manifesting an alarming unmindful ness of the basic principles of criminal jurisprudence and what is worse there is a total absence of any systematic c......s sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. The Court will see if sufficient direct evidence is there or not. If not, motive may be a matter for consideration, especially when the case is based on circumstantial evidence……(22)......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ......f after about 22 years the appellant, which is a public body, be expropriated when it had built buildings on the acquired land upon making all necessary payments to the Government. Again, there is no principle of law under which once a property has been validly acquired for a public purpose, as admi......Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Res......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ......etitioner Vs. Shantosh Chandra Dey ……………….. Respondent Judgment August 3, 1998. Benami Transaction (i) The well-settled principle of law is that in deciding a question of benami transaction the court should take into co...... of benami transaction the court should take into consideration (i) the source of consideration money (ii) nature and possession of the property after the alleged transaction (iii) motive, if any, for making benami (iv) relationship of the benamdar with the real owner (v) custody of the title de......en as the relevant facts to prove a transaction as a benami transaction. 14. In Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90 the Supreme Court of India summed up the principles governing determination of benami transaction in the following words: “Though the question..Category: Property Law | Date: | Hits: 75
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... issue license in favour of respondent No.1 the plea of promissory estoppel can not be raised against the Government and the learned Judges of the High Court Division erred in law in relying on the principle of promissory estoppel in this case. 5. Without entering into the question of pr......ossain, Advocate-on-Record — For the Petitioner. Rafique-ul-Haque, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent. Civil Petition for leave to appeal No. 652 of 1996. (From the Judgment and order dated 3-7-96 passed by t...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..Category: Business or Commercial Law | Date: | Hits: 91
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