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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....... see what effect is made, on a Company when nationalised. It is to be remembered that nationalisation may assume diverse colours, and the legislative provision of each enactment is to be considered according to the actual enactment made therein. The State may nationalise an existing company, but......��……………..Appellant Vs. Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali......he jurisdiction. On the other hand, the Appellant contended that as Respondent No.1 even after nationalisation continued to be an employee of a private limited company he was governed by the ordinary law of Master and Servant and, therefore, his application under Article 102 of the Constitution is n..

Category: Employment/Service Law | Date: | Hits: 104

Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)

....the witnesses for the prosecution is to give a premium to the ingenuity of the accused and then the only result would be in the words of Munir, C.J. "we would be paving the way for the miscarriage of justice on a large scale and encouraging the accused persons in this country and the relatives to ......atement made in the examination in chief in the Sessions Court and the statement made in the committing Court. He considered that the evidence had amply established the case against the accused and accordingly convicted the petitioners. 6. It was contended before the High Court that the trial C......amp; others………………………Appellants Vs. The State………………………….Respondent Judgment August 9, 1978. Result: The appeal is dismissed. Cases Referred to- Alim Vs. State, (1977) 29 DLR (SC), 268; Md. Ahmed Vs. State, (1970) 22 DLR (SC) 120; P.L.D. ......e considered that the evidence had amply established the case against the accused and accordingly convicted the petitioners. 6. It was contended before the High Court that the trial Court erred in law in relying on the evidence that was given before the committing Court without complying with the..

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. ...... For the Appellant. M. H. Khondkar, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed ......High Court Division in Second Appeal No. 220 of 1966. Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Tri..

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. ......he learned Single Judge delivered the Judgment on 10.3.81. It can be legitimately inferred that the Legislature noticed the gap in Law after these two pronouncements by the High Court Division, and accordingly the amendment was made by the Muslim Family Laws (Amendment) Ordinance, 1982. In this vi...... Magistrate and the learned Magistrate on consideration of the evidence found the respondent guilty under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961 and convicted him and sentenced him to suffer rigorous imprisonment for 5 months and to pay a fine of Tk. 200/- in default to suffer rig......espondent without previous permission in writing of the Arbitration Council contracted a second marriage with Marium Khatun on 17.8.75 and, without her consent, thereby committed an offence under the law. This case was registered as G.R. Case No. 11233 of 1975. Cognizance was taken by a Magistrate a..

Category: Family Law | Date: | Hits: 166

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

....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. ......sment of income tax at any time within 8 years prior thereto. By an amendment of section 34 (1) of the Income Tax Act effective from 1st April, 1959, the provision of 8 years' limit was deleted and accordingly re-assessment could be made at any time. It is not disputed that a complete assessment...... 1980, in Application No. 6 of 1976 under section 66 (1) of the Income Tax Act. The Commissioner of Taxes, Chittagong Zone, is the appellant in Civil Appeal No. 114 of 1981, wherein leave was granted to consider whether the High Court Division correctly interpreted provisions of sub-section 2(A) of ......et aside the assessment 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, he..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)

....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.......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....... Masud J Abdur Rashid and another…………Appellants Vs. Abdul Barik and another..........Respondent Judgment January 12, 1983. Result: The appeal is allowed. Case Referred to- Kassim Ebrahim Saleji Vs. Johurmull Khemka, A.I.R. 1916 Cat. 181. Lawyers Involved: M. ......nsel, appearing for the appellants argues that a Court is not competent to pass a decree ex parte against a defendant when it is found that summons was not properly served upon him in accordance with law. He submits that the trial Court found that summons upon the defendants had not been served prop..

Category: Property Law | Date: | Hits: 67

Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)

....l, Criminal, Admiralty, Vice-Admiralty, Testamentary, Intestate, and Matrimonial Jurisdiction and original and appellate; and all such power and authority for and in relation to the administration of justice in the Presidency for which it is established, as Her Majesty made by such Letters Patent as......pplication to the lower Tribunal has been considered as a bar to the application being normally entertained by the High Court. So, a person invoking revisional jurisdiction of the High Court is bound according to rules of that Court to apply first to the Sessions Judge or the District Magistrate. If......………………………Appellants Vs. Nurul Islam Chowdhury and others…………… Respondents Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul H...... be the Court of Record, and shall have, in respect of the territories for the time being included in the Province of East Bengal, all such original, appellate and other jurisdiction, as, under the law in force immediately before the appointed day was exercisable in respect of the said territory b..

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.......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.......�……………Appellants Vs. Government of Bangladesh and others…………………Respondents Judgment March 25, 1976. Result: The appeal is allowed in part. Case Referred to- Lopez Vs. Muddan Mohan, 13 M.I.A. 567. Lawyers Involved: T. Ali, Senior Advocate, with ......m of settlement of Schedule A had failed and also because of the provisions of Presidents' Order No.137 of 1972 under which the right of accretion granted to the private individuals under the general law was purported to have been taken away. It having been argued before the High Court Division that..

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....ing wards at page 473 of the Report: "This principle is one not merely of English Law, not a principal peculiar to any system of Municipal law, but it is a principle founded in universal law and justice; that is to say, that whoever has land, wherever it is, whatever may be the accident to whic...... of the State Acquisition and Tenancy Act. 6. It may be mentioned that some of the plots of lands of which the plaintiff are alleged to have taken settlement from the previous landlords, bad been, according to the plaint, correctly recorded in the names of the plaintiffs, who have been recognised......hers………………….Appellants Vs. Kulada Ranjan Mowali and others…………………….Respondents Judgment June 3, 1977. Result: The appeal is allowed. Cases Referred to- Felix Lopez Vs. Muddun Mohan Thakoor, 13 Moor's I. A. 467; Lauri Vs. Renad, (1892) 3 Ch. 402 ......reciate that the right to reformation in situ and the right of accretion are two distinct rights of different nature and it will be appropriate for the said purpose to follow the development of the law relating to the said two rights in the light of their legislative history. 13. There has be..

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....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.......dgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977. Facts giving rise to the proceeding are as follows:— Respondent No.2 contested for the post of Chairmanship of No......en materially affected" and therefore, directed the re-election. This view of the Tribunal was upheld by the High Court Division on the ground that to do otherwise is to violate the sanction of law for maintaining secrecy of the voting in election and cited a decision reported in 17 DLR (196..

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....n for amendment by a cryptic and slipshod order. A judicial order devoid of reasoning causes error of law but mere error of law cannot be a ground for interference unless it has occasioned failure of justice. While exercising any discretion under Order VI Rule 17 of the Code of Civil Procedure the c......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ...... Shamsul Huda J Md. Akram Ali Pk. and others……………….....Petitioners Vs. Md. Yasin Ali and others..........................Respondents Judgment May 3, 2012. Cases Referred to- Abdul Motaleb Vs. Md. Ershad Ali and others (1998) 18 BLD (AD) 121; Managing Committee N.M.C.......f plaintiffs’ easement right. The finding of the High Court Division that the nature and character of the suit would be changed by the amendment without elaboration of its finding cannot sustain in law. Amendment is always necessary to determine the real question of controversy between the parties..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

....herent power of the High Court Division to make such orders as may be necessary to give effect to any order under this 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 exerci......titioners are the office bearers and general members of The Metropolitan Christian Cooperative Housing society Ltd. (shortly the Society). He submits that the accused petitioners transferred the land according to the constitution and bylaws of the Society and approved by the Registrar of Cooperative......nsis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nasiruddin Mahmud Vs. Momtazuddin Ahmed, 36...... general members of The Metropolitan Christian Cooperative Housing society Ltd. (shortly the Society). He submits that the accused petitioners transferred the land according to the constitution and bylaws of the Society and approved by the Registrar of Cooperative Society. He referring to sections 8..

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....... and those were recovered from his house No.189, Shyampur High School Road, Block No.G, Shyampur, Dhaka. About 360 pieces of relief CI sheets were recovered from the house belonging to the petitioner according to the FIR. After collecting those relief tins from the roof of the said house, those were....... Azizul Haque J Salahuddin Ahmed…………………Petitioner Vs. State...............Opposite Parries Judgment July 5, 2009. Result: The Rule is discharged. Cases Referred to- Abdul Huque Vs. State, 60 DLR (AD) 1; Abdul Hai Vs. State, 50 DLR 551; Habib Vs. State, 52 DL......son is that a criminal case actually starts from the date of taking cognizance and issuance of the process. Before cognizance is taken, there is virtually no pending criminal proceeding in the eye of law. So a non-existent criminal proceeding cannot be subject matter of quashment. In this respect, r..

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....ause the plaintiff Dr. Md. Jahangir Alam Chowdhury could be able to prove the case successfully. The lower appellate Court committed an error of law and came to a wrong finding occasioning failure of justice in not considering the documentary evidence, exhibits and other vital documents. The appella......brothers of Md. Jahangir Alam and others because they will misuse his money. Then he advised his son-in-law, if, you at all sent money for your future security he can send it to his father-in-law and according to his advice he started sending money to his father-in-law. It may be mentioned here t......……………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nu......rabia through Government and served there for a long time with the satisfaction of the authority by high paid salary. He did not acquire any foreign decree as alleged by the defendants. The father-in-law of plaintiff Dr. Md. Jahangir Alam Chowdhury advised him through different letters not to send m..

Category: Family Law | Date: | Hits: 167

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....r section 561A of the Code of Criminal Procedure has been initiated for collatal purpose to cause delay in the disposal of the complaint petition pending before the trial Court, not to secure ends of justice. As such the accused-petitioner has not come in clean hands and he is not entitled to have a......ated in clause (c) of sub-section (1) of section 138, cause of action has arisen to lodge a complaint petition as per provision of section 141(1) of the Negotiable Instruments Act and a complaint has accordingly been filed within the statutory period as mentioned in clause (b) of section 141. As suc........................Accused-Petitioner Vs. Md. Abu Taher Khan and anr....................Opposite Parties Judgment December 10, 2009. Result: The Rule is discharged. Cases Referred to- Zahid Hossain Vs. State, 61 DLR 386; Stalion Shox (Pvt.) Vs. Auto Teisions (Pvt.) Ltd. (1994)......earing for the accused-petitioner mainly submits that the complainant having served single notice dated 19-4-2007 for 3(three) cheques, hence the proceedings initiated thereupon is not sustainable in law and that the continuation of the said proceedings under section 138 of the Negotiable instrument..

Category: Criminal Law | Date: | Hits: 86

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....in terms the offence, or at any rate substantially, all the facts which constitute the offence. In order to decide whether a statement is confessional or not, it must be read as a whole. Prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used only ......ver made confessional statement on 14-12-1994 before Md. Shaiduzzaman, Magistrate, First Class, narrating that accused Khalilur Rahman and Emran asked him to arrange some labourers to give a trip and accordingly, he arranged Lalu, Akram, Rustom and Samad and started for Naogaon for giving trip. On t......espondent Judgment July 20, 2008. Result: Criminal Appeal Nos.3282 of 2001 and Criminal Appeal 3604 of 2001 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddi......f independent witnesses and that the prosecution failed to prove the case against the accused beyond all reasonable doubt and that the impugned Judgment and order of conviction and sentence is bad in law as well as on fact and, as such, the impugned Judgment and order is liable to be set aside. 1..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....e come out; that the learned Additional Sessions Judge on surmise and conjecture and without appreciating the evidence on record in their true perspective arrived at a decision occasioning failure of justice. 14. The learned Advocate for the appellant cited the decisions in the case of Abdul Gafu......har, Sohrab, Bellal, Ishaque, Babu and Karim under sections 302/34 of the Penal Code on surmise, conjecture and on emotion. Court or Tribunal administering any judicial matter must administer justice according to law and must not allow itself to be influenced by emotion or personal notion, however h......diqur Rahman Miah Md. Rezaul Haque J Atahar and others...........Appellants Vs. State........Respondent Judgment May 21, 2007. Result: The appeal is allowed. Cases Referred to- Abdul Gafur Vs. State, 1992 BLD (AD) 90; Annadi alias Ayenuddin Vs. State, 6 BLC 310; Shah Al...... convicting and sentencing the accused appellants under sections302/34 of the Penal Code. 17. To appreciate the legality and impropriety of the impugned Judgment, it is necessary to scrutinize the law and evidence relating to the facts of the case. 18. The allegation against the accused appell..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....r of impending severe earthquake, the concerned authority of the Government has not yet been properly equipped to face the danger. 5. The petitioner served a notice upon the respondents demanding justice for taking adequate preparation and arranging rescue equipments but to no avail. 6. Ther......Fire Service and Civil Defence. (11) Ministry of Defence. (12) Women Organization (13) Ministry of Foreign Affairs. 37. The Committe so constituted shall have the option to co-opt members according to its need. 38. The Committee shall be formed at the earliest. 39. The Committee ....... Government of Bangladesh and others.........................................Respondents Judgment July 29, 2009. Result: The Rule is made absolute and the respondents are directed to act as per the direction made in the body of the judgment. Lawyers Involved: Manzil Murs......he respondent to show cause as to why the inaction of the respondents to arrange sufficient rescue equipments in case of disaster caused by earthquake should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to arrange sufficient ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......the care taker and darwan of the plaintiffs and took away valuable articles from their quarter and thereafter, left the place, for which, plaintiff No.2 lodged an FIR with Shyampur police station and accordingly Shyampur PS Case No.32(12) 2001 under section 323/448/143/427/380/506 of the penal Code ......strict Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allotted in defendant No.1, a private limited compan......oral and documentary annexed with the application by sending the suit back on remand. 10. At first we are very sorry to mention that the learned Judge delivered the judgment not in accordance with law. The plaintiffs in order to prove their case produces before the Court number of documents inc..

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ..............Petitioners Vs. Joint District Judge and Artha Rin Adalat & another...............Respondents Judgment May 22, 2004. Result: The Rule is made absolute. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. M......ndents to show cause as to why the impugned judgment and decree dated 14‑5-02 (Annexure D) passed by the respondent No. 1 in Title Suit No. 165/01 should not be declared to have been made without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition are that,..

Category: Property Law | Date: | Hits: 173

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