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Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
....e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ......e. They were sentenced to suffer R.I for 3 months and to pay a fine of Tk.500/00, in default, to suffer 15 days of further simple imprisonment with a direction that the fine, if realised, half of the amount be paid to the complainant. 2. Various allegations were made against the accused appellant......e result, therefore, this appeal is allowed and the convictions of the appellants are set aside and they are acquitted of the offences. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 38. ..Category: Criminal Law | Date: | Hits: 53
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification must be refused…………..(14) The Petition containing t...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
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. ......ellishments are so preposterous, that prolongation of the criminal proceeding against the innocent accused Zahirul Islam Chowdhury, Abdul 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 rep......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. ..Category: Criminal Law | Date: | Hits: 105
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. ......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. ......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. ..Category: Property Law | Date: | Hits: 37
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
....s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ......64 the Income-tax Officer assessed the respondent for the assessment years 1960-61 and issued a notice on it demanding a sum of Rs. 2,64,926/-, including penal interest under section 18A of the Act amounting to Rs. 40,666/-. The amount was made payable by the 21st May, 1964. The entire amount was ......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ...... from that the term can be subjected to any limitation as is sought to be done. Any attempt to qualify the term by the introduction of the term "executive" in relation thereto would amount to an attempt to insert an amendment in the said provision which is clearly unwarranted. In ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
....of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ......tioner to the Union Council Was due to him, this should have been mentioned during the examination under sec. 342 of the Criminal Procedure Code. This contention is based upon a misconception. The amount which the Union Council owed to the petitioner was not an incriminating piece of evidence ag......of a sum of Rs. 915/- by the petitioner. There is no merit in this petition and the Leave prayed for is refused. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 35. ..Category: Criminal Law | Date: | Hits: 44
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. ...... they made judicial confessions alleging that they had murdered the two persons at the instigation of the appellant who promised to pay them Rs. 2000/- and had paid Rs. 1000/- in advance. This amount was subsequently recovered from the co-accused Nagar Bashi. Police investigated the case and......e envelopes containing currency notes, and accused Sadhan told that he got Rs. 1000/-, which was found in one of the envelopes, "in connection with the murder case" and that he gave that money to accused Nagarbashi. 13. The question that arises for consideration is whether the e..Category: Criminal Law | Date: | Hits: 60
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ning Rs. 1400/-in cash at the time of exchange of equivalents, that is, at the time of handing over of the receipt on registration of the deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occ...... cash at the time of exchange of equivalents, that is, at the time of handing over of the receipt on registration of the deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occupation of this ......ange of equivalents, that is, at the time of handing over of the receipt on registration of the deed. The sale deed further recited "on receipt of the whole and entire amount of consideration money we have put the said claimed into possession and occupation of this vended property as absolu..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......twhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand nine hundred eighty and paisa seventy nine o......dent in collusion with the transferees, namely, Nurul Hoquue and Amulla Kumar Dutta, allowed them to take possession of the building of the Bank without receiving the balance consideration money amounting to Rs. 8,700/- (iii) That the respondent falsely claimed Rs. 4,495/- tow..Category: Business or Commercial Law | Date: | Hits: 101
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. ......since then he has been in possession thereof after constructing a building thereon. But as a dispute was raised about his purchase from Katrik Chandra, defendant No. 2 paid defendant No. 1 an amount of Tk. 700/- as salami and obtained the deed of perpetual lease just to avoid litigation. He......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. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....lic. In moffusil town such baseless allegations often create disaster and the prestige and social standing of the defamed person becomes at stake. 12. In Criminal Law of defamation the whole matter comes under section 499 of the Penal Code and the exception stated therein. Mr. Das, a......how that the respondent was inspired by malice to publish such defamatory statements, the appellant also mentioned that on an earlier occasion the respondent published certain news which amounted to defamation. He alleged that on June 30, 1965 a news item under the caption "I......s wife to his Lackotoorah bungalow. When the complainant went to bring her back he was assaulted by the accused who told him falsely that he owed Rs. 50/- to the accused and if he paid the same money to the accused he could get back his wife. The complainant after a few days went to collect ..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... Provided that, notwithstanding anything contained in this Act or in any other law for the time being in force or in any contract, no non-agricultural tenant shall sub-let the whole or any part of his tenancy on any terms and conditions whatsoever, and if any tenancy or any......ion and Tenancy Act. Moreover, he has, since his purchase, improved the schedule property by additions and alterations in the existing structures at a cost of Tk. 15,600/- without depositing which amount the appellants were not entitled to any relief. 5. The application for pre-emption be......l homestead which existed for over twenty years prior to the appellants' purchase, they filed the aforesaid petition for pre-emption of 'B' schedule property after depositing the consideration money along with the statutory compensation. 4. The application for pre-emption was resiste..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......il suit. 6. In the application the defendants alleged, inter alia, that pro-forma-defendant No. 3, that is the vendor of the plaintiffs did not deposit the entire purchase money to the Society and he transferred the suit land in favour of the plaintiffs in violation..Category: Property Law | Date: | Hits: 60
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......t the Uttara Bank was under an obligation to encash the letter of guarantee. If the plaintiff has any grievance in law the same can be remedied by compensation or damage. It was essentially a money claim and the Court should not have granted injunction. 5. The trial Court took the vi..Category: Banking Law | Date: | Hits: 130
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....ligious institution and the Khadem, the respondent, is such a person, so he could be substituted in place of the deceased plaintiff. 8. The contention of Mr.M.H. Khondker is begging the whole question whether this property is at all dedicated and whether it is a religious institution ......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......e been made against the respondent that he is the architect of the suit and that he being a stranger had caused lot of troubles only for the purpose of making illegal gains for sharing the najarana money, etc., that he is a man from different village, etc. 3. The Munsif allowed the prayer ..Category: Civil Law | Date: | Hits: 91
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ......ers. (b) 10.11.69. that after due notice to the assessee, the Processing Committee pasted the following order: "The assessee has declared excess income amounting to Rs. 100.000/- for the assessment years 1964-65 to 1968-69. Mr. C. A. Ali authorised A......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....may involve the constitutionality of not only section 9(2) of the Act, but even the entire Act itself from which it may not be separated, submissions were made on each section of the enactment. The whole Act is quoted below: ACT NO. XII OF 1974 An Act to consolidate and amend the law relat......en government servants who completed 25 years of service. The resulting discrimination, it was claimed, was violative of Articles 27 and 29 of the Constitution and power conferred upon the Government amounted to uncontrolled discretion amounting to discrimination. It was also equivalent to the pow......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... therefore, be challenged under Article 102 of the Constitution. The acceptance of his argument would not only be contrary to what has been intended by the makers of the Constitution, but would tantamount to denying the authority of the Screening Board to try the respondent. Nowhere has the re...... to him. He was, therefore, denied the right to put up proper defence. 6. On behalf of the Government it was asserted that there was no proof as to the purchase of the aforesaid houses with the money of his father-in-law. It was submitted that the respondent purchased the houses by using the n..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......forced to pay him Taka 4,900/- on 13.9.77 and Taka 3,100/ on 25, 10.77. When the Police party, as arranged previously, raided the office room of the appellant and recovered the aforesaid amount. The appellant was placed for trial under Regulation 11 of M.L.R. 1 of 1975 and the Summary ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
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