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Abdul Jalil Munshi (Md.) Vs. Returning Officer & others, 1997, 26 CLC (HCD)
....ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ......s already been paid by the petitioner. Thirdly, there is no intimation by the bank to the petitioner that the petitioner is a loanee of the bank on the ground that his father took the loan and in the absence of such notice, the petitioner cannot be said to be defaulter. At any rate this question of ......ion is disposed of. Let a copy of this judgment/order be sent to the Returning Officer (respondent No.1) forthwith for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 179. ..Category: Election Law | Date: | Hits: 153
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
.... authorised to decide whether a property is waqf or not when such a question is agitated the persons involved in disputing such property may be person not interested in the wakf and person who is a total stranger to the wakf. From a reading of principal clause, it follows that we cannot artificial......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......on of the High Court is final. 7. Keeping the provisions of these sections in view, if we revert to sections 50 and 102, it is to be observed that section 102 contains a provision which bars the jurisdiction of the Civil Court with regard to the matters mentioned therein. And before considering..Category: Trust/Waqf Law | Date: | Hits: 136
Commissioner of Income-Tax Vs. M/S. Jamiluddin Corporation Ltd., Bogra, 1979, 8 CLC (AD)
....come Tax Act for the opinion of the High Court. The question was framed thus: “Whether in the facts and circumstances of the case the Tribunal was justified in law in ordering exclusion from the total income of the assessee the amount of Rs. 32,011/- added as receipts by way of commission.” ......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242.......mputing the total income to the assessee. In the result, therefore, the appeals are dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 242...Category: Fiscal/Taxation Law | Date: | Hits: 124
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......on having considered the materials correctly held that the petitioner was fugitive from law and coming to such conclusion, the High Court Division committed no error of law, but rightly exercised its jurisdiction which calls for no interference by this Division. 15. From the impugned judgments, i..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....the privilege of bail. He further submitted that the High Court Division also failed to appreciate the fact that the learned Metropolitan Sessions Judge, Dhaka cancelled the bail of the petitioner on total misconstruction of inquiry report submitted by the police and as such, the impugned order is l...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ..Category: Criminal Law | Date: | Hits: 68
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
.... in the above Title Suit No.7 of 1990. The respondent No.1 contested the above miscellaneous case by filing written objection denying the material allegations made therein and contending that the total land in Dag No.3223 is 53 decimals out of which 26 decimals belonged to Roshik Chandra and S......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ......s and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......der the Companies Act, which has been nationalised under the President's Order No.27 of 1972, if dismissed after the Order of nationalisation was passed can challenge the dismissal order in the Writ jurisdiction of the High Court Division. 2. Facts for disposal of the question are not long and ..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. .......I.R, 1952 (SC), 214 (1967), 19 DLR (SC) 268, 1969, S.C.M.R. 837 and 1970 S.C. M.R. 204. 10. The question assumes importance because such question does crop up very frequently in the criminal jurisdiction. Section 288 of the Code of Criminal Procedure is in the following terms.— ..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......had divorced the appellant by a Talaknama dated the 15th Jaistha, 1350 B.S. and thereafter he married his second wife on 17.8.75. 5. Facts are not in dispute. The only question is whether in the absence of necessary amendment of Muslim Family Laws Ordinance, 1961, Arbitration Council as contemp...... power was a pre-requisite. Merely the changing of definition from time to time without conferment of the power to be discharged under specific enactment would not invest such authority to exercise jurisdiction or to discharge such function. The Muslim Family Laws Ordinance, 1961 was amended vide ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
.... Division. 2. The assessee M/S. M. Ismail & Sons, which is a wholesale dealer in Yarn and Textile and Clearing and Forwarding Agent, was originally assessed income tax on 22nd July, 1950, on a total income of Tk. 44,702/-. On February 16, 1962, notice under section 34 of the Income Tax Act wa......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......ent on the ground that the Income Tax Officer had not given any reason for summary assessment and directed the Income Tax Officer to made fresh assessment in accordance with law. On the points of jurisdiction and limitation, the Appellate Assistant Commissioner, however, held that initiation of ..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....iled to exercise a jurisdiction vested in him by law." This observation has been assailed by the learned Counsel for the appellants on the ground that the learned Judge of the High Court Division has totally misconceived the provision of Order IX, Rule 13 of the Code of Civil Procedure, which clearl......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162.......ve considered the fact that notwithstanding the improper service of summons, the opposite parties could not have been unaware of the decree dated 19-7-72. The learned Munsif thus failed to exercise a jurisdiction vested in him by law." This observation has been assailed by the learned Counsel for th..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....section (2) of section 439A providing for second-revision to the High Court from a revisional order of the Sessions Judge. It is, therefore, found that in Pakistan, second revision by High Court is totally barred; in India it is partially barred, that is, against a person who has already moved the......ase what has been conferred by subsection (2) of section 439A has been negative by sub-section (4) of section 439. The conflict arising out of the amendments seems to be the result of confusion and absence of proper application of the legislative mind which, in our opinion, can be removed by furth......passed by the Additional Sessions Judge on July 9, 1980 should be vacated. A report was submitted by the Magistrate to the effect "as the proceeding was dropped and the attachment withdrawn he had no jurisdiction in the matter". On September 1, 1980 the Additional Sessions Judge directed the Magis..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......ivision held that the vendees of the said deeds Exts. 10 series, having acquired interest in the disputed lands were necessary parties in the suit and that the said suit was not maintainable in their absence. The judgment and decree of the trial Court were set aside and the suit was dismissed on the......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....f the land, which has re-appeared, for the period during which it was lost or four years whichever is less: Provided that when the lands or portion thereof which have so re-appeared added to the total area of land already in the possession of such tenant or his successors-in-interest exceed the......change was effected in 1929 when section 86A was inserted in the Bengal Act by an amendment introduced by Bengal Act IV of 1928, which provided that the tenants' right in the diluviated lands, in the absence of a contract to the contrary, would be deemed to have been surrendered and would be extingu......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
....a rough and ready manner. The case would have been different if the successful candidate has won by a bigger margin for he would still have had a majority even after reduction of 2 votes from the total votes polled by him. When a Tribunal is driven to the position where it cannot be decided one ......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribunal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...Category: Election Law | Date: | Hits: 163
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......is Code, or to prevent abuse of process of any Court or otherwise to secure ends of justice." 10. High Court Division under section 561A of the Code of Criminal Procedure can exercise its inherent jurisdiction for quashing a proceeding of a criminal case firstly to make such orders as may be nece..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
....t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......estigation materials available in the case dockets. When there are stages open before the trial Court to consider the grounds taken, the application for quashment of the proceeding, being an inherent jurisdiction of the Highest Court, should not be entertained. In support of his contention, the lear..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....ame to a wrong and fallacious finding being guided by emotion and sentiment and recollecting the poem written by Rabindra Nath Tagore “দুই বিঘা জমি”. The lower appellate Court totally ignored the legal aspect of the case that the suit of the plaintiff Most. Kamrun Nahar being......ak was given upon her on 4-10-2001. The plaintiff transferred the suit land measuring 31/2 decimal of land to her mother by a gift deed on 25-11-2001 considering her future security and safety in the absence of her husband. After issuance of said Talak notice a Salish was held on 29-11-2001 where it...... 17. Another decision can also be cited in the case of Habibullah Vs. Sher Ali Khan reported in 57 DLR (AD) 55 wherein it has been stated: "The High Court Division while exercising its revisional jurisdiction is competent to reverse the Judgment of the Courts below when the same has been made ei..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....accused-petitioner had drawn 3 cheques numbering 2172956, 2172957 and 2172958 dated 19-12-2006, 24-12-2006 and 30-3-2007 respectively, in favour of the complainant, for an amount of Taka 12,84,600 in total. The cheques were presented for encashment on different dates, but the same were dishonoured f......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..Category: Criminal Law | Date: | Hits: 86
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