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Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......from those, for example, of ss. 196 and 198, Criminal P.C, by which a bar is placed upon the jurisdiction of the Criminal Courts." 17. In the latter case, reliance was placed upon this decision in holding that a private person can complain of the commission of offences under the Companies Act, ..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......2 who belonged to the ruling party. These allegations by the appellant find support from the authorities, failure to take any action during the continuance of the regime, though two Magistrates after holding enquiries submitted reports in 1975 in favour of the appellant firm. 25. Respondent No.1 ..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......peal was allowed and the judgment and decree of the trial court was set aside and the plaintiff's suit was dismissed. 6. The High Court Division dismissed the appeal preferred by the plaintiffs by holding: ''Both the courts below have found that the plaintiff's vendors were dispossessed in the..Category: Property Law | Date: | Hits: 63
Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ondents who are enlarged on bail will now surrender to their bail bond and fresh prayer for bail may be made before the Sessions Judge. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 18. ......ul Kader Chowdhury, Abu Bakkar Chowdhury and Shah Alam clearly amount to harassment and abuse of the process of the Court." Reliance was placed on the decision reported in 1950 Cr.L.J. 838 (Punjab) holding that criminal proceedings started on a complaint which did not contain any definite accusati..Category: Criminal Law | Date: | Hits: 105
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8.......Ward No. 3. 4. The Election Tribunal, respondent No. 2 allowed the election case and declared the election held in Ward No 3 of the aforesaid Union Parishad as invalid. Further, he directed for holding of a fresh election in the ward within 30 days from the date. The election of respondent No...Category: Election Law | Date: | Hits: 152
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......additional evidence in a Miscellaneous Appeal under 41, rule 27 of the Code of Civil Procedure. 2. Leave was granted to consider the question whether the High Court Division mis-directed itself in holding that additional evidence would only be allowed if the Court was not able to pronounce judgme..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. .......C. Suit No, 136 of 1964 was brought against Esarunnessa Bibi, the predecessor of the appellants. Two suits were in respect of two distinct tenancies, which are shop rooms situated in the Municipal holding No. 7 A.B. Guha Road, Mymensingh, which the respondent claimed to have purchased by register..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......ention of the said witness to the statement in the said document, under section 145 of the Evidence Act, did not arise. The learned Judges of the High Court, accordingly, fell into an error in holding that the said document could not be taken into consideration. It appears that ..Category: Property Law | Date: | Hits: 37
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ......y notice under article 6A (2) of President's Order No. 5 of 1972 has not been served on the Government. So the appeals abated. In the circumstances these appeals abate. Ed. ..Category: Business or Commercial Law | Date: | Hits: 81
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......law the appellant is not inquired to discharge. The next contention was that the learned Judges of the High Court Division mis-interpreted the provision of section 12 of the Stamp Act and erred in holding that the adhesive stamp affixed on the instrument on plain paper have been duly cancelled. ..Category: Business or Commercial Law | Date: | Hits: 113
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....d. The case of Gordon, Dadds & co. supports the contention of the learned Attorney-General. There is accordingly no merit in this appeal which is dismissed but without any order as to cost. Ed. ......s were shown in the notice issued under section 5(1) of that Act in L. A. Case No. 91 of 1962-63. Harilal Goswami made a representation to Mr. G. A. Madani, the then Chairman of the D.I.T. who, after holding some enquiry, passed an order on 16-2-66 on the body of the sketch man, annexed to the petit..Category: Property Law | Date: | Hits: 48
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ......another, reported in 11 D.L.R. (S.C.) page 394 and Mazharul Huq Vs. Ishaque Sardar and others, reported in 14 D.L.R. (S.C.) page 251. In the former case, it was held that a Magistrate holding the preliminary enquiry has power to sift and weigh evidence only for the purpose of determ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....;tion 307/34. The result, therefore, is that both the appeals are dismissed subject to the modification of the Penal Code to that under section 302/34 and 307/34 of the Penal Code. Ed. ......ld on behalf of the informant. Mr. Promod Chandra Bose who appeared from the informant appellant contended that the learned Judges of the High Court, committed an error of law in holding the section 34 was not applicable to the facts and circumstances of the case and in setting..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....y of the circumstances indicated in the preceding paragraph can be shown to have rendered the proceeding relating to him coram non judice. Ed. This Case is also Reported in: 27 DLR (AD) 16. ......h is reported in 26 DLR page 1. The observation to which reference was made by the learned Judges of the High Court Division, was as follows:— "For the foregoing reasons we have no hesitation in holding that the Collaborators Order does not give any indication of a legislative intent to depri..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....Writ Jurisdiction under Article 102(2) of the Constitution. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 11. ...... and since the question of a poll could not arise in a case where only one candidate was left in the field, fresh nomination papers ought to have been called for to satisfy the legislative intent of holding a poll for election to the office of Chairman. In support of his contention Mr. Pal submitt..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......erial might have been found in the stomach of Maleka. The fact the bladder was full of urine also poses a question whether Maleka passed urine or not when she woke up for 'Sheri'. The Doctor while holding the post-mortem examination did not record the age of the injuries. In a case of ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... the facts of this case. In the result, the appeal is allowed with costs. The judgment of the High Court Division is set aside and those of the Courts below are restored. Ed. ......iff-respondent's possession of the transferred land; 2) Whether the learned Judge has correctly applied Article 10 of the Limitation Act in the facts of the instant case and holding that the suit is not barred by limitation. Right of 'shufa' or pre-emption under the Moham..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ...... Tenancy Act, an under-raiyat interest not being transferable without landlord's consent, transfer of the Kol-karsha to the defendants without landlord's consent amounted to abandonment of the holding by the under-raiyat whereupon the landlords, namely, the plaintiffs, got right ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......uld not affect the plaintiffs reversionary right as well. An appeal was preferred by defendant No. 2 to the High Court Division which reversed the decision of the trial court and dismissed the suit holding that the plaintiffs having been out of possession of the suit land since the death of thei..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ......ential for the safety of the community to guard it by very strict rules'' and that "the privilege must be closely examined in order to see that, in such cases as this, there is no injustice in holding that it exists". He then observed as follows: "I also agree that in t..Category: Criminal Law | Date: | Hits: 77
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