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Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....e dispute. Recounting should be refused if no prayer for recounting had been made to the Presiding Officer who is alone empowered to recount on the spot either on his own motion or on the requests of any candidate......(13) Cases Referred to- Mofazzal Hossain Vs. Election Commissioner, (1976) ......” 2 Totals: 16.0 8. It should be noted that the total numÂber of ballot-papers used in this centre, both valid and invalid, was 1620 in all the three stages as shown above. The allegation of the appellant that he had got 498 votes and the respondent ......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordÂingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....t. It is now too late to raise this question in giving effect to the condition in the order for rateable since the trial Court acted well within the bounds of law. The High Court Division do not find any reason to interfere with the impugned order.………..(10) Case Referred to- Shah Wall V. ......emption money already deposited under subÂsection 1, if a prayer to this effect is made to the court in appropriate time In this case the appellant did not make any such prayer for adjustment at any stage of the proceedings; on the contrary, he challenged the court's order for pre-emption in favour...... already deposited under subÂsection 1, if a prayer to this effect is made to the court in appropriate time In this case the appellant did not make any such prayer for adjustment at any stage of the proceedings; on the contrary, he challenged the court's order for pre-emption in favour of the origi..Category: Property Law | Date: | Hits: 51
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
.... alone was to perform the authentication of declaration and since also neither he nor the Government authorized the Additional District Magistrate to authenticate. The latter did not, therefore, have any authority to authenticate the declaration as required under section 12 of the Act. Reference may......Âcluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......stances have been cited. We also failed to understand how, without taking the Additional District Magistrate to task for what the District Magistrate considered to be an illegal act he would think of proceeding against the apÂpellant. Also, how the appellant would know whether the Additional Distri..Category: Information Technology Law | Date: | Hits: 226
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....pur and others……………….Respondents (In both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoo......ctive functionaries in the case of likeliÂhood of breach of peace. It is the Magistrate alone who can exercise his power and jurisdicÂtion and the learned Sessions Judge while inÂterfering at this stage had traveled beyond his jurisdiction in exercise of his powers unÂder section 439A. 7. The......53 of 1985. The criminal revision was heard by the Barisal Bench and the Writ petition was heard by the Dhaka Bench. Leave was granted to conÂsider the question as to the propriety of quaÂshing the proceeding under section 145 of the Code of Criminal Procedure by the learned Sessions Judge in exer..Category: Criminal Law | Date: | Hits: 42
Mohitullah Pk. @ Mohitullah & others Vs. The State, 1986, 15 CLC (AD)
....er there in the substituted Chapter XXIII. The appelÂlants were tried without the aid of assessors. Section 4(1) of the Ordinance, however, proÂvides thus; "4. Savings.- (1) Notwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 (Act V of 1898), here......e facts of the instant case and the argument raised in that-case being the same as in the present case albeit on the basis of section 6 of the General Clauses Act, it will be useful to notice at this stage the principles and consideration which weighed with the SuÂpreme Court in holding that the tr......arious sections of the Code has been pointÂed out. The discussion is quite instructive and reproduced below: "Now the Code of Criminal ProceÂdure of 1872 defined a "trial" as meaning "the proceedings taken in Court after a charge has been drawn up, and includes the punishment of the of..Category: Criminal Law | Date: | Hits: 45
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ct; (f) & (g) (have been omitted by subsequent amendment). (h) that a decree be passed declaring TebÂaria hat as a new hat and is liable to be closed down under the law and there cannot be any compensation assessment roll in respect of Tebaria hat and it cannot be put in auction; (i) t......alled in question at the right moment, and the Salimabad hat is running under management of the Government who leased out the tame as a Government but I do not like to interfere in the matter at this stage. But as holding of the new hat on the same day on which the old hat also sits is seriously aff......er? Now the grant does not assume to grant any land or any interest in land. It grants the franchise of holding a market and authorizes a market to be held; and it does so after inquiry by a peculiar proceeding, wheÂther the granting of the market will be for the good of the public or to their detr..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....d as Criminal MisceÂllaneous Case No. 41 of 1984. 6. Appellant, in his affidavit elated 18th March 1984, disputed the facts alleged in the complaint and submitted that if he unwillingly committed any contempt of Court he tendered an unqualified apology. Respondent No. 2 fields a further affidavi......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ......nspÂector and the litigant public who were inside the Court room, 3. On 26th December 1983 appellant suÂmmoned respondent No. 2 in his chamber and in presence of one on the parties to a criminal proceeding and directed respondent No. 2 to dispose of the case according to his instrucÂtions and ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... to both appellate and revisional jurisdiction of the High Court Division……(42) In exercising revisional powers under section 115 of the Code of Civil Procedure against the decision of any election appellate Tribunal, the High Court Division can grant any relief to which any aggrieve......ined and discÂharged. 28. Power to transfer election petitions.- The Election Commission, either of its own motion or on an application made in this behalf by any of the parties, may, at any stage, transfer an election petition from one Election Tribunal to another Election Tribunal, an......ollows: "21. (1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie (a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed twenty thousand Taka,..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....rshed Alam is son of one Baramoni of Natore. Onus was heavily on the plaintiff but this onus was not discharged. The evidence of the mother clearly shows this and, none of the witnesses could make any positive case to prove the theory that Khorshed Alam is the son of Baramoni. Moti Sk. P.W 5 cla......ve was not adduced as a witness by the plaintiff. The appellate Court suggests "that Baramoni as mother of the deÂfendant could not come forward to assert her mother-hood of the defendant at this stage, which may doom the future of the defendant. The defendant also did not produce her in suppo......ok the view from Ext. G the Ekrarnama that "why then Amir Ali wanted to disprove Khorshed Alam from Mutwalliship back as 1953 which was due to him if he is a real son of Amir Ali Mia." 36. Before proceeding further both trial court and the lower appellate court erred in law and failed to take n..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....minary decree in respect of the claim of defendant No. 49 regarding first schedule land of the written statement. It was observed: “So, no action can be taken not at thus stage which may in any way affect the preliminary decree. A judgment cannot be interpreted to mean something other ......against the prelÂiminary decree in respect of the claim of defendant No. 49 regarding first schedule land of the written statement. It was observed: “So, no action can be taken not at thus stage which may in any way affect the preliminary decree. A judgment cannot be interpreted to mean......es the rights of the parties with regards to all or any of the matters in controversy in the suit and may be either preliminary of find. “The explanation adds; "A decree is preliminary when further proceedings have 10 be taken before the suit can be comÂpletely disposed of, It is final when such ..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....ad jote No. 5 held by the Collector on 24th June 1953 and sold to the defendant-respondent was done without jurisdiction and was, therefore, void, invalid and inoperative. The sale did neither confer any right upon the defendant-respondent nor did it affect the plaintiff-appellants' interest in Sche......was out of possession of the suit land, he did not make such apÂplication for amendment thereby causing such inordinate delay which stood against him. It is true that amendment can be allowed at any stage of the proceedings and a long line of decisions including those of this Court supports this vi......ssession of the suit land, he did not make such apÂplication for amendment thereby causing such inordinate delay which stood against him. It is true that amendment can be allowed at any stage of the proceedings and a long line of decisions including those of this Court supports this view but as has..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....application for custody of, his son is clearly arbiÂtrary. Mr. Karim contends that the welfare of the petitioner's son cannot be expected at the hand-of the divorcÂed wife who may re-marry at any time. The question raised merits consideration. Leave prayed for is granted," 5. Mr. Fa......y 1984 respondent No. 3 returned with her son to Bangladesh sad went back to Saudi Arabia keeping the boy with her relations, namely, respondent No. 1 and her sister resÂpondent No. 4. 3. At this stage appellant filed an applicaÂtion under section 25 of the Guardian and Wards Act for the custod......d be appointed as his guardian. For the reasons staged above, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 106 ..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....ther and setting up a rival claim of title himself on the basis of purchase from one Mohammadullah. He conÂtended that the original owner, Gagan Ali, did not sell the premises to the appellant under any kabala, like Ext.1. but Gagan Ali made oral transfer of his interests incÂluding possession of ......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......venue setting aside the sale at his instance. That order is Ext. 5 dated 30 January. 1960. P. W. 3, the lawyer, has supported the appeÂllant's ease saying that he was engaged by the appellant in the proceedings for setting aside the auction sale under Ext. 5. The learned Single Judge has observed t..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies l......h the responÂdent as its employee. He has contended that the respondent was never posted to any govÂernment department or transferred outside this bank. He has explained them it during-he formative stage of the Land Mortgage Banks whose functions and responsibilities have been detailed in a separa...... was allowed two promotions, and on the relevant day in 1973, he was working as Officer of the said Bank. He was placed under suspension on 13 January 1973 by the Managing Committee of the Bank and a proceeding was drawn against him on charges of misappropriation of Bank's money by forgery and falsi..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....ge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the aforesaid case was decreed on compromise. Mr. A. Sattar, Chairman of the respondent Company, who is an educated person swore the affidavit stating that "the statements made in the annexed ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, howÂever, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......icle 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, t..Category: Banking Law | Date: | Hits: 121
The Commissioner of Taxes, East Zone, Dhaka Vs. M/s. Mallick Brothers, 1986, 15 CLC (AD)
....l effect. Section 23(2) provides that the Deputy Commissioner of Taxes may issue notice upon the assessee "requiring him on a date to be therein specified either to attend at the office or to produce any evidence". Then sub-section (3) reads as follows:— "On the day specified in the notice ......ore, these appeals are allowed and the judgment and order of the High Court Division are set aside. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 66. ......lt: The appeals are allowed. The Income Tax Act (II of 1922) s. 18 Another notice for the purpose of section 18 (1) has not been provided for, inasmuch as, it is the continuation of the same proceeding and not a different proceeding. The High Court Division erred in law in taking the view t..Category: Fiscal/Taxation Law | Date: | Hits: 95
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Court to whom that Court is subordinate. If an offence falls within the ambit of clause (c...... result, both the appeals are disÂmissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......r 4, 1985. Result: The appeals are disÂmissed. The Criminal Law Amendment Act, 1958 When an offence within the meaning of sub-section (1) (c) of section 195 of the Code is committed in a proceeding before a Court, then the complaint shall have to be filed by the Court or by any other Co..Category: Criminal Law | Date: | Hits: 69
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under any law other than the Penal Code has to be investigated, inquired into, tried and otherwise dealt w......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......ot by the keeper of a Press and since the matter of subscription of the declaration in the prescribed form is within his exclusive knowledge it is the District Magistrate alone who could initiate the proceeding under section 30 of the Act. How could a private person be supposed to know whether such ..Category: Criminal Law | Date: | Hits: 59
Abdus Sattar & others Vs. The State & another, 1985, 14 CLC (AD)
.... sections 147 and 323 Cr.P.C. The trial court also found that the accused persons removed the structures of the house in question was not proved nor it was proÂved that the accused persons took away any cash. This aspect of the prosecution case were found to be embellishments. HowÂever, the trial ......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. ......ed the Sessions JuÂdge under section 439A Cr.P.C. and the learÂned Sessions Judge dismissed the revision case, whereupon the accused filed an application under section 561A Cr.P.C. for quashing the proceeding inasmuch as the individual case of the accused was not considered by the Court below. The..Category: Criminal Law | Date: | Hits: 53
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... (In both the appeals). Judgment August 22, 1984. Result: The appeals are allowed. The Companies Act, 1913 (VIII of 1913), Sections 38, 162, 184 The prayer for winding up of the Company under section 162 of the Companies Act and Prayer for rectification of the share register under ...... 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. ......te Division." 8. Leave was granted to consider the question whether the reliefs claimed under sections 38 and 162 of the Companies Act are different and distinct in nature and the character of the proceeding are also separate and distinct and whether reliefs could be granted in the same proceedÂ..Category: Company Law | Date: | Hits: 195
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