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Farruk Ahmed Vs. Abdul Kader Chowdhury and others, 1985, 14 CLC (AD)
....ment 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 accusation against the accused petitioners amounted to an abuse of the process and such......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. ......ry and others.…………………Respondents Judgment July 10, 1985. Result: The Appeal is allowed. The Criminal Procedure Code, 1898 (V of 1898), section 561A. Ref. Quashing of proceeding The GD entry and the FIR giving detail of the cause of apprehension and the circumstan..Category: Criminal Law | Date: | Hits: 105
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....gust 7, 1985. Result: The appeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such rec......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. ......d by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transferred holding. 4. The appellants resisted the pre-emption proceeding on the ground that the vendor Abiran Bibi had earlier mutated her name and got the holdin..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....the plaintiff on rent at a rental of Rs. 50/- per month. The defendant No. 1 paid a sum of Rs. 50/- as rent for one month in advance to the plaintiff in Ashar, 1359 B.S. and thereafter did not pay any further rent to the plaintiff who, accordingly, was forced to file a Money Suit in 1953 for rea......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. ......giving the evidence or whose attendance cannot be procured, when admitted in evidence under section 32 of the Evidence Act, becomes substantive evidence. Similarly evidence given in a judicial proceeding or before a person authorised by law to take it, when admitted in evidence under section..Category: Property Law | Date: | Hits: 37
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....s coin/note examiners or typists, felt aggrieved by the impugned circular as the new joint seniority list which was prepared on the basis of it does not contain their names but contains the names of many other clerks who were appointed subsequent to the date of their appointments. They, therefore, c......they will have no cause of action against the authority merely on the basis of their seniority, unless of course such action can be founded upon proved malafide on the part of the authorities. That stage has not yet reached and we hope that the respondents will have no cause of action against deni...... placed by the plaintiff to make out his right to be considered for promotion as a Subordinate Judge, it was found to be not available to the plaintiff as it comes into play only when disciplinary proceedings are taken against a public servant, which was not done against the plaintiff. The Suprem..Category: Employment/Service Law | Date: | Hits: 87
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....the requisition of the plots in question were made in exercise of powers conferred under Section 3 of the Requisition of Property Act, the relevant portion of which is as follows :— "3. When any property is required for a public purpose or in public interest, the Deputy Commissioner may re......it or of any proceedings in appeal. As sub-section (2) of section 92 sufficiently shows, the consent in writing is a condition of the valid institution of a suit and has no reference to any other stage." The appeal before the Privy Council arose out of a suit brought by respondents 1-5 wit......uiring body is the Dacca Improvement Trust, the Chittagong Development Authority or the Khulna Development Authority, the proposal shall require the approval of the Provincial Government before proceedings under the Act is started." 6. Mr. S. R. Pal appearing for the appellant contended ..Category: Property Law | Date: | Hits: 48
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....orney-General took us through the Provisional Constitution of Bangladesh Order, 1972 as well as President's Order No. 5 of 3972 and pointed out that neither of them had provided for an appeal against any order or decision either of the High Court of East Pakistan or of the High Court of Bangladesh, ......raph 7 accordingly is not a remedial enactment in a sense which might call for its liberal construction. We .will presently refer to the Bengali version of the proviso. Let us, however, say at this stage that we entertain no doubt that the proviso was intended to be mandatory and accordingly the S......, 1972 and commenced functioning under President's Order No. 5 of 1972 (High Court of Bangladesh Order, 1972), clause (1) of article 6 whereof empowered the said High Court also to hear and determine proceedings that were pending in the High Court at Dacca, i.e., the erstwhile High Court of East Pak..Category: Constitutional Law | Date: | Hits: 148
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant relief and the power to do so is not in any was fettered because of the absence of nomenclature of the writs in the Constitution. Since the......ntion, the High Court Division decides to issue a Rule Nisi, it presupposes that a prima facie case for interference has been made out and, in consequence, nothing further need be recorded at that stage. 36. It was next contended by the learned Attorney-General that no bail can be grante......order is passed and upon the return, the custody of the person detained passes under the control and direction of the Court to which the return is made and it remains so during the pendency of the proceedings. It, therefore, follows that an order granting bail during the pendency of the proceedi..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
.... finding that the same had been settled with third parties and there was no apprehension of breach of the peace, the same could be re-attached without ascertaining whether there was apprehension of any breach of the peace. 3. Mr. Abdur Rahman Chowdhury appearing for the appellants co...... A. B. Mahmud Husain, J.—I agree. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 37. ......nd under section 146 of the Code of Criminal Procedure and appointed a receiver thereof. The case has a chequered history which is as follows:- 2. The land in dispute was subject matter of a proceeding under section 145 of the Code of Criminal Procedure. Mr. Shamsuddin Ahmed, Magistrate, 1..Category: Criminal Law | Date: | Hits: 49
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....mstances and also the conduct of accused Lutfun Nahar Begum before and after the occurrence, I am led to believe that the complicity of accused Lutfun Nahar Begum in this double murders, beyond any shadow of doubt." 4. The contention raised on behalf of the appellant before th......hy;ssion of the same forcibly and it was held that the adjudication of the question of the plea of private defence involved a thorough examination of all the circumstances to determine at what stage, if any, the right of private defence arose and when it ended and whether in its exercise the......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. ..Category: Criminal Law | Date: | Hits: 60
Abdul Matin Munshi Vs. Idris Pandiat and ors., 1975, 4 CLC (AD)
....o run concurrently. 3. We first take up the appeal of the convicted accused persons. Mr. Abdur Rab, I Appearing for them, contended that none of the accused-appellants could be convicted of any of the charges leveled against them as the Prosecution case regarding the manner of occur......;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. ...... 2. True prosecution case in short is as follows: On 1st Baishakh, 1375 B.S., corresponding to 14th April, 1968, while deceased Shamsul Huq and his elder brother P.W. 2 Md. Tajul Islam were proceeding at about 7 A.M. towards Kaliatoli Bazar for marketing, they were suddenly encircled at a..Category: Criminal Law | Date: | Hits: 39
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
....0 and Article 14 of P.O. 8 which, exfacie, forbid the grant of bail to persons convicted of offences under the two Orders. The provision of Article 10 of P.O. 50 is as follows: "Notwithstanding anything contained in the Code, no person who is in custody, accused or convicted of a scheduled off......ons 496 to 502 of which sections 496 to 498 only are relevant for the present purpose, section 496 deals with the cases of persons accused of bailable offences and they can be released on bail at any stage of the proceedings before a Court. Section 497 deals with the cases of persons accused of non-......2 of which sections 496 to 498 only are relevant for the present purpose, section 496 deals with the cases of persons accused of bailable offences and they can be released on bail at any stage of the proceedings before a Court. Section 497 deals with the cases of persons accused of non-bailable offe..Category: Criminal Law | Date: | Hits: 104
Mazharul Huq Vs. Returning Officer & Circle Officer, (Dev.) Double Moorings, Ctg, 1975, 4 CLC (AD)
....d as such he committed no illegality. Leave was granted with a view to examining the true meaning and scope of Rule 20A of the Rules which provides:— "If a contesting candidate dies at any time before a poll is held, the poll shall be restricted to the remaining candidates." ......e the poll as in the present case, fresh nomination papers are required to be called for to hold a poll for election to the office of Chairman. Rule 12 provides for Notification of days of different stages of election. It reads as under:— ''(1) For the purpose of holding an election the......herewith and incidental thereto. The learned Attorney-General pointed out that the scheme with respect to election to Parliament is different from that of election to local bodies and, as such, the proceeding relating to election to Parliament are also different from those relating to election t..Category: Election Law | Date: | Hits: 133
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....Prosecutor appointed for his defence on the commencement of the trial to properly defend the accused involved in a murder charge and this would appear to cross-examine the prosecution witnesses on many vital points. It was contended sufficient materials could have been before the Court through pr......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. ...... evidence of two witnesses, namely P. W. 2 Siraj and P. W. 4 his sister Fazila Khatun. Both of them stated that they came to the house of their Fhufu, Maleka, in the evening of 4th Pous, 1374 B.S. proceeding the day of occurrence. Having taken meals at night they slept in the north Bhiti hut. In..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... Luxminarayan Toshniwal Vs. Shridhar Ramchandra Alshi, AIR 1960 SC 1368= (1961) 1 SCR, it has been held that the transfer of property, where the Transfer of Property Act applied, Mohammedan Law or any other personal, law is in applicable to transfer and no title passes except in accordance ......dge set aside the judgments of the courts below on taking the view that the demands were not premature. According to the learned Judge demand of pre-emption under "Muslim Law at this stage is not premature since the sale is to be completed under the Muslim Law and the person claimi......ps agreed with the learned Judges of the Bombay High Court in taking the view that the parties represented a full sale as having taken place on October 14, 1908, sufficient to justify the uncle in proceeding at once to perform the ceremonies, treating that the date of execution of sale deed as t..Category: Property Law | Date: | Hits: 45
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
.... Fazle Munim J. - This appeal arises from the judgment and order of a Bench of the High Court Division passed in Appeal No. 1 of 1974 on August 5, 1976 reversing those of the Company Judge passed in Matter No. 4 of 1969 on March 22, 1973. 2. The appellant filed an applic......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. ......on was not maintainable. Section 72 of the Ordinance is as follows:— "72. (1) an appeal shall lie from any order or decision of the High Court in a civil proceeding under this Ordinance when the amount, or value of the subject-matter of the claim excee..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....lant confined his-wife Choto Bibi and had illegal connection with her against her will. The learned Magistrate after recording statement of the complainant Azman AH on oath did not issue any process but directed enquiry by the O.C. Kotwali. It is to be noted that the complainant A......or postponement of issue of process for the purpose of ascertaining the truth or falsehood of the complainant, there is no proceeding yet and the person complained against is not an accused at that stage, because no process has yet been issued. Section 201 provides for dismissal of complaint when......the Sessions Judge was also dismissed. Thereafter, he moved the High Court Division and the rule in Criminal Revision No. 579 of 1970 was made absolute on the ground that the reporting of the proceedings in the weekly paper of the respondent was substantially true and therefore protected un..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....ce 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 being Miscellaneous case No. 247 of 1973 was ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......s of land, whether agricultural or non-agricultural within the municipal areas. In deciding the third question the learned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ce..Category: Property Law | Date: | Hits: 47
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....Act in respect of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is entitled to pre-empt the same. 3. The appellant-purch......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ndari sheresta is a question of fact and the onus is upon him who asserts it……….(9, 11) Non-compliance with proviso (a) to sub-section (1)of section 88A will not render the proceeding without jurisdiction inasmuch as a remedy has been provided by way of appeal and the..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....er the High Court Division acted correctly and in accordance with law in passing the order of injunction. 3. Plaintiff's case was that it made an offer to defendant 3, Crete Construction Company Limited, for the supply of 3, 50,000 cft. of boulders @ Tk. 215/- per 100 cft., FOB Chhatak. As......section 42 of the Specific Relief Act. Thereafter the respondent filed a second appeal in the High Court Division which was admitted under Order 41, rule 11 of the Code of Civil Procedure. At this stage the plaintiff respondent filed an application for restraining the appellant from making ...... 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. ..Category: Banking Law | Date: | Hits: 130
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....be further mentioned that in view of the setting aside the impugned order the petitioner though considered to remain in service shall be treated as on extraordinary leave without any pay from the date of passing of the impugned order that is on 20-11-75 till his rejoining in s......ion is pregnant with any new issue which requires adjudication in separate proceedings. In this view of the matter, the appeal is dismissed without any order as to costs. Ed. ......, the superior Courts had always placed self-imposed limitation for not raising any new issue which requires adjudication on proper facts for which no foundation was laid by the parties in the writ proceeding. Keeping in mind these well-settled principles of law the opinion is in the facts and c..Category: Employment/Service Law | Date: | Hits: 101
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