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Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....the conviction and sentences are set aside and the appellants are acquitted and they are discharged from their respective bail bonds. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 352. ......oint of sanction to prosecute an accused goes to the very root affecting the jurisdiction of the Court. I have gone through the sanction order of the present case and considering the same I am of the view that this sanction order on the face of it seems to be too mechanical. 11. Thus after consid..Category: Criminal Law | Date: | Hits: 84
Abdul Gani Khan Vs. Shamser Ali and others, 1991, 20 CLC (HCD)
....nterfere with it, be that the evidence is unsatisfactory, or insufficient, or that it has not been properly appreciated or that the decision is open to doubt or it may even be grossly and inexcusably erroneous. High Court cannot entertain second appeal on the finding even where the High Court may ta......ated or that the decision is open to doubt or it may even be grossly and inexcusably erroneous. High Court cannot entertain second appeal on the finding even where the High Court may take a different view of facts. 13. The learned advocate appearing for the appellant submits that the suit be sent..Category: Procedural Law | Date: | Hits: 105
AR Bhuiyan and Company Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)
....ise of his power under section 34A revised the assessment order relating to assessment of income from house property on the ground that allowances given by the assessee officer of Tk. 1,37,500.00 was erroneous and prejudicial to the interest of the Revenue. The Inspecting Joint Commissioner on consi......conclusion that the Inspecting Joint Commissioner of Taxes rightly disallowed the claim of the assessee with regard to payment of debt to the Sonali Bank. Mr. Fakir Abdul Mannan contended that in view of the provision of trust deed directing the trustees to pay debt to the bank the assessing off..Category: Fiscal/Taxation Law | Date: | Hits: 90
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....the petitioner ought to have filled application under section 10 CPC before the appellate Court for staying the trial of that subsequent suit. She submits that the view taken by the learned Munsif is erroneous in that where an appeal is pending adjudication in respect of a matter in issue between th...... failure of justice in holding that the petitioner ought to have filled application under section 10 CPC before the appellate Court for staying the trial of that subsequent suit. She submits that the view taken by the learned Munsif is erroneous in that where an appeal is pending adjudication in res..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....owing the petitioners application dated 30.5.85. The error has definitely resulted in error in the decision to add opposite parties No.3 and 4 in the Misc. Case. 9. Now the question is whether the erroneous decision has occasioned failure of justice. Mr. MA Rahim has referred to the decision in t...... dismissal order which enured to their benefit can at all be maintained and without a decision thereon affirmatively the other side could not have their prayers for addition considered at all. In any view of the matter the direction of the appellate Court was mandatory for the trial Court and it was..Category: Procedural Law | Date: | Hits: 77
Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)
....e without lawful authority and of no legal effect. Considering the facts and circumstances of the case no order is made as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369.......pension.- (1) A teacher may be placed under suspension pending enquiry. The power of suspending a teacher pending enquiry shall vest in the appointing authority." 9. It, therefore, appears that in view of Regulation No.13 of the Service Regulations, 1979 as quoted above the power of suspension of..Category: Employment/Service Law | Date: | Hits: 59
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ......igma cannot be declared as made without jurisdiction unless it can be shown that the proceeding of the Domestic Tribunal is vitiated by procedural defect. This is not present here in this case. In view of the nature of the order impugned we do not find any merit in this rule and we are not called..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
.... which might possibly have the effect of reversing the conclusion it would be an error or defect in the procedure of the same category as discarding evidence on the ground that it is inadmissible. An erroneous approach to the case will also be a defect in procedure if it substantially affects the me......rocedure if it substantially affects the merit of the case. But in the instant case no evidence was discarded on the ground of inadmissibility, neither any erroneous approach was made to the case. In view of this fact the concurrent finding of the Courts below coupled with admission in the written s..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 79. ......sult, the appeal is allowed and the impugned judgment passed by the learned Additional District Judge, in Title Appeal No.323 of 1969 is hereby set aside and those of the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (..Category: Property Law | Date: | Hits: 91
Dr. Joynal Abedin Vs. State, 1991, 20 CLC (HCD)
....if the petitioners are not further prosecuted in connection with the alleged occurrence resulting in the filing of CR Case No.45 of 1985. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 77.......or the accused petitioners, submitted that the offences under sections 147, 323 and 447 of the Penal Code are exclusively triable by the Village Court under the Village Courts Ordinance, 1976, and in view of the clear provisions of the said Ordinance the trial Court and the Sessions Judge acted ille..Category: Criminal Law | Date: | Hits: 79
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....by an attempt might have been made to make room for interference in case error in the decision has occasioned a failure of justice. The strict binding effect of concurrent findings of facts, "however erroneous the same might be, in revision, the same could not be interfered with "has been diminished......has increased to a large extent. Now under the newly amended provision as made in section 115 of the Civil Procedure Code, the grounds for interference has been stretched from jurisdictional point of view for stretching and superseding the errors on the face of the record into errors of law in the d..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......ch of Madhya Pradesh High Court had the occasion to consider the entire scheme of Order 21 with reference to the relevant earlier decisions of other High Courts of the subcontinent. After a careful review thereof it laid down that no inquiry into the title or possession of a third party is contempla..Category: Civil Law | Date: | Hits: 89
....created in favour of any individual, such an order cannot be withdrawn or rescinded to the detriment of those rights."
13. Mr. Mahmudul Islam, the learned Advocate for the petitioner, is obviously erroneously relying on the decision in the case of Pakistan Vs. Md. Himayatullah Farukhi, PLD 1969 (......he action taken by the Vice‑Chancellor without reference to the Executive Council. In the present case, the whole question relating to the appointment of the petitioner as professor on probation in view of the situation arising out of the resolution passed by the Engineering University Teachers' A..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....fore the Druta Bichar Tribunal within 6(six) weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 152,8 LG (AD) (2011) 164, VIII ADC (2011) 890. ......on correctly interpreted section 39 of the Act, 1990 and quashed the impugned proceedings and, as such, no interference is called for by this Court and prays for dismissal of the appeals. 10. In view of the leave granting order and the submission made by the learned Counsel for the respondent, ..Category: Criminal Law | Date: | Hits: 112
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ......(b) The Administrative Appellate Tribunal, Dhaka is directed to dispose of the application filed by the appellants for restoration of the appeal on merit as expeditiously as possible keeping in view sub-rule (7) of Rule 6 of the Administrative Tribunal Rules 1982 and the observation made and t..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......ered and given in the interest of the company. In the event of any fresh undertaking if needed to cover the liabilities of Mr. Mohiuddin Ahmed, Mr. Lutfur Rahman (respondent No.1) agreed to do so. In view of the above, it is solicited that Mr. Mohiuddin Ahmed may please be relieved from all his liab..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......y failed to arrest the other accused including the petitioner. It is, however, stated that above-mentioned statements of the investigating agency of the said criminal case are absolutely mala fide in view of the fact that the petitioner contested the election of the Parliament and on being elected o..Category: Constitutional Law | Date: | Hits: 288
Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....e suit, rather it is necessary for the purpose of determining the real question of controversy between the parties, but the learned Judges of the High Court Division rejected the application on the erroneous view that the proposed amendment would change the nature and character of the suit; the su......ther it is necessary for the purpose of determining the real question of controversy between the parties, but the learned Judges of the High Court Division rejected the application on the erroneous view that the proposed amendment would change the nature and character of the suit; the suit was fil..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......d-petitioner. Accordingly, the High Court Division held that the prosecution could not prove the case beyond all reasonable doubt. We have also considered the materials on record and we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a co..Category: Criminal Law | Date: | Hits: 89
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....of the case as stated above, I find no merit in the present suit and as such it is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 31. ......arelessness and the negligence of the Master and Crews of the vessel MV Hios. So the defendant Nos.1, 2 and 3 are liable for the damage. In support of his contention Mr. Rahim has referred to certain views of some author as given in 'Collision and their causes’ by Richard A Cahill. At page 145 of ..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
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