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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......ms(Annexure K to the Writ Petition) reiterating his refusal to grant clearance in respect of 5000 metric tons of Iraqi Ordinary Grey Portland Cement out of 10,000 metric tons awaiting delivery with a prayer to restrain the Collector from disposing of the said cement during the pendency of the Rule a..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... party who has lost in revision before the Sessions Judge under section 439A. But it must be clearly borne in mind that the jurisdiction under section 561A is not to be used as an additional or an alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised s...... In the result, therefore, the appeal is allowed and the impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 09 ..Category: Criminal Law | Date: | Hits: 53
Abdul Wahab Vs. Ali Ahmed and another, 1992, 21 CLC (AD)
....& ors. Vs. Guranga Bejoy Das & ors., 1989 BLD (AD) 162. The impugned judgment of the High Court Division is set aside and the appeal is allowed without any order as to costs. Ed. ...... for peremptory hearing of the suit. On a revisional application filed by respondent No. 1 the learned Single Judge of the High Court Division without issuing any rule on the appellant allowed the prayer of respondent No. 1 after holding "without going into the question as to whether the pe..Category: Procedural Law | Date: | Hits: 110
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. ......que who stated to him that they in furtherance of their common intention committed the murder of Zahura Khatun at about 8‑00 PM in the night following 22.3.85 while she was offering her Esha prayer. Police arrested the three accused persons and forwarded them to the Upazila Magistrate, Bam..Category: Criminal Law | Date: | Hits: 69
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....sp; Ed. ......here was merely an oral submission made by the learned Advocate for the plaintiffs which was not only misleading but to some extent false as already indicated above. If the plaintiffs had made any prayer for examining a particular witness or witnesses in place of Manir Ahmed, the High Court Divi..Category: Procedural Law | Date: | Hits: 122
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......peal was heard and dismissed on 25th August, 1984. 2. Respondent No.1 filed a revisional application, Civil Revision No.773 of 1984, before the High Court Division. On 30th July, 1985 on his prayer Md. Altaf Hossain, J. of the High Court Division allowed the revisional application to go o..Category: Property Law | Date: | Hits: 64
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ......on with further and detailed facts. These facts are not contradictory as alleged. The High Court Division pointed out the omissions made by the District Judge both of law and facts in considering the prayer of the Government for condonation of delay and ultimately found reasonable explanation for th..Category: Limitation Law | Date: | Hits: 185
Babor Ali Molla and others Vs. State, 1992, 21 CLC (AD)
....t and order of the High Court Division are set aside and the appellants are acquitted. Let the appellants be set at liberty forthwith if not wanted in connection with any other Case. Ed. ......of human beings. Subsequently Noor Ali Mollah died in the hospital on 30.9.81 Police investigated into the case and submitted final report on 9.3.82. Subsequent thereto the case was reopened on the prayer of the Inspector of Criminal investigation Department, Camp Jessore. During investigation on..Category: Criminal Law | Date: | Hits: 68
Abdul Matin and others Vs. The State, 1992, 21 CLC (AD)
....ll continue on the same bail granted by this court earlier and if the trial starts in the meantime, the Sessions Judge, Sunamganj will be free to take them into custody during trial. Ed. ......fact that will be relevant for disposal of this appeal is that, appellant No. 1 lodged a First Information Report with Jagannathpur Police Station stating, inter alia, that on 6.10.89 after Magrib prayer a Milad and Waz Mahifil was held in his house and at that time he heard a sound from the eas..Category: Criminal Law | Date: | Hits: 60
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....court under section 302 amounted to an acquittal of the appellant of the charge under section 302/149. Mr. Afzal, learned Deputy Attorney General argued that the charge under section 302/149 was an alternative charge so far as the appellant is concerned. This charge amounted to vicarious or const......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......ment appears to have been made on behalf of the respondents disputing the correctness of the allegations made in the petitioner's application. The learned Judges, however, refused to accede to the prayer of the petitioner and made the following order on the 30th January, rejecting his applicatio..Category: Procedural Law | Date: | Hits: 89
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. ...... 7 Rule 11 of the Code of Civil Procedure. Before this objection of the appellant was heard and plaintiffs-Respondents filed an application on 8-4-67 for amendment of the plaint by substituting the prayer (a) of the plaint by a new prayer to the following effect: "(a), a decree..Category: Procedural Law | Date: | Hits: 99
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......eafter on 5-12-66 the pre-emptor, namely, the appellant filed an application under section 96(9)(c) of the Act for delivery of possession with the help of a Pleader Commissioner. The said prayer was opposed by Respondent No. 1 Ashrafun Nessa and an application purported to be under sec..Category: Property Law | Date: | Hits: 77
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......it cannot be divided but by an alternate application of it to different purposes, such as it being applied one year to the interment of the dead, ad the next year to tillage, or at one time to prayer and another time to the keeping of horses, which would be singularly abominable." ..Category: Trust/Waqf Law | Date: | Hits: 239
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
.... the administration of which alone the court exists. 10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by set lion 561A is not an alternative jurisdiction nor an additional Jurisdiction but it is a jurisdiction preserved in the in......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....can claim allowance of unabsorbed depreciation in terms of s. 10(2) (vi) proviso (b) The Supreme Court held that the Revenue could under rule 33 assess of foreign company under any one of the three alternative methods provided therein. But if the Revenue chooses to follow the second method, then ......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
.... jurisdiction according to its own-discretion under Article 58. It is no doubt a well recognised practise of the Supreme Court, from which hardly any deviation is made, that when there is any alternative remedy, the Court is reluctant to grant leave, unless the appellant has exhausted ......able under section 10(2) (xvi) of the Act. 4. The Commissioner of Income-Tax, was however, dissatisfied with the order of the Tribunal and prayed for a reference to the High Court Dacca but prayer was rejected by the Tribunal. The Commissioner then moved the High Court under s. 66(2) of ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ules 2 to 9 contained in Schedule II of the Act. A reading of the rules shows that there must be an attempt to serve the notice directly on the certificate debtor in person. But there is also the alternative provision for service, by way of substituted service, if the attempt at personal servi......ut as regards possession he reversed the finding of trial court and held, the defendant was in possession of the land and the suit was hit by section 42 of the Specific Relief Act in the absence of a prayer for consequential relief. The first appellate court dismissed both the appeal and the cro..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....w considered the propriety of such a course nor the order granting special leave did not raise such a consideration it is not necessary or proper for us to consider the adoption of the possible alternative course. 42. In exercising the power of appointment of a Mutwalli under section 43 of...... of Wakf to enroll him as the Mutwalli of the said Wakf Estate claiming to be eldest son of Amir Ali Mia, the previous recorded Mutwalli. On May 3, 1967 the Commissioner of Wakfs rejected his prayer for appointment as Mutwalli on the ground that the late Md. Amir Ali Mia had filed an affid..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......s of sections 30 and 36 of the Act and after due consideration of the relevant provisions thereof, the High Court dismissed the appeal with costs and passed the following orders: "We allow the prayer of the plaintiffs for redemption in respect of the lands mentioned in the kot-mortgage ex..Category: Property Law | Date: | Hits: 64
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